Bennett-Alexander, D., and Hartman, L. (2019). Employment Law for Business, (9th ed.). NY: McGraw-Hill. ISBN 978-1-259-72233-2.
reply to the students response in 150 words minimum and provide 1 reference
John is a 54-year-old man with diabetes. He has worked for Telco for 20 years. Lately, he has difficulty concentrating and makes numerous mistakes. He has missed several days of work due to his diabetes. Supervisor Mark wants to fire John this week. .
The Americans with Disabilities Act (ADA) is a civil rights law that became law in 1990 and is applicable to John in case if he is fired this week. The Act protects employees with disabilities from unfair treatment and discrimination at workplace. ADA defines disability as “a physical or mental impairment that substantially limits one or more major life activities, or a record of a physical or mental impairment that substantially limited a major life activity” (Bennett-Alexander & Hartman, 2019). The ADA contains health issues such as diabetes in its scope of coverage. The Age Discrimination in Employment Act of 1967 (ADEA) is labor law that forbids employers to discriminate against anyone at least 40 years of age in USA (Bennett-Alexander & Hartman, 2019). The law requires that employers provide fair and equal treatment to workers who are in progressive age.
The issue in John’s case is that he is possibly being discriminated against when you look at the ADA and ADEA. The case fails to provide additional details other than he is having a hard time concentrating, missed a few days of work and making mistakes. John has been with the company for 20 years and he has never had issues with his required task. Based on the fact that the reason they want to fire him is related to his health issue or his age, he can claim discrimination under ADA or ADEA.
When you review the School Board of Nassau County vs Arline. The case centered on Gene Arline, an elementary school teacher in Nassau county, Florida, who had recurring lapses of tuberculosis. After a third bout with the disease, school board officials terminated her employment in 1979. Eleventh Circuit Court of Appeals reversed, ruling that individuals with a contagious diseases are covered by Section 504 (Mead, 2019). While John does not have a contagious disease, he does have a disease, diabetes.