The evidence here is that the defendant hired Mr. Kramer; a male employee who has less job experience and education than the plaintiff because the defendant does not want to have anything to do with a female employee. In her testimony, the plaintiff said in her first week, the defendant had told her in a joking manner “don’t get pregnant anytime soon. Elaine believes it is a wrongful discharge of an employee in violation of Title VII of the Civil Rights Act of
The issue before the court was whether “an employer has an obligation to reassign a qualified disabled employee to a vacant equivalent position when the employer has an already established policy to hire or promote the most qualified to the position” (Twomey, 2013, p. 566). The appeals court reversed and ruled in favor of Wal-Mart. The appeals court reasoned that automatic reassignment is not required and that the ADA is not an affirmative action statute. The employer had an established nondiscriminatory hiring policy that required everyone to compete so Huber was required to compete. The appeals court held that an employer is not obligated to reassign a qualified disabled employee over a more highly qualified applicant for the position.
Chapter 1 1. Discharge for Whistleblower Activity- Read, reflect, and respond to questions. Answer1: Broom and Miller appeal will get denied by the federal appeals court on the behalf of lack of specific arguments presented by them to fist, second, and third law. The first law is “Nursing Home Care Act”, for safekeeping and dispensing patient prescription drugs. The employer’s facility is licensed as residential care facility, which omits it from Nursing Home Care Act.
From a legal perspective I believe that there are several court cases that support our legal position. The first one in the Supreme Court ruling in the case of Trans World Airlines vs. Hardison et al., 1977 that stated that an employer does not have to provide days off to employees to respect their religious holidays if it creates an undue hardship on the employer. The concern for our company is would the court consider a schedule request and undue hardship in this case. A second case that seems at face value to back our position is Grube vs. Lau Industries, 2001. In this case the court ruled that changing an employee’s work hours does not constitute constructive discharge under Title VII.
Equal Employment Opportunity Commission. These regulations have significant impact on persons living with a disability. Until the American Disabilities Act took effect, persons with disabilities had no recourse for discrimination. Employers could refuse to hire a qualified individual based on the presence of a disability or the employer perceiving the applicant of having a disability. Potential employers could also deny a disabled applicant a position based on not being able to accommodate their disability.
Fact: In 1998, Brenda Evans (plaintiff appellant) terminated her employment at Eaton Corporation (defendant appellant) and filed for long-term disability benefits. Eaton Corporation, a multinational manufacturing company that funds and oversees long-term disability benefits plans for its employees, terminated Ms. Evans's benefits in 2004 based on controversial issues pertaining to her medical reports. Ms. Evans sued under Employee Retirement Income Security Act (ERISA) to recover her benefits. The medication that Ms. Evans was prescribed improved her rheumatoid arthritis, yet she still complained of sever back pain from a previous car accident. Her doctors confirmed that these medical problems resulted in her being totally disable.
She worked the rest of the week and was terminated that Friday. When asked for prove of decline in sales during Natalie’s employment, Ms. Baker could not provide any. However, she did provide the names of two longtime customers who requested a different table when seated in Natalie’s section the day before she was fired because of the tattoo. In July 2010, Natalie filed for unemployment compensation. Her claim was denied by the New Mexico Employment Security Board on the grounds that she was terminated for “misconduct” and was therefore ineligible for unemployment compensation.
It is the law that companies follow the rules that are set by the ADA regarding reasonable accommodations. Each employee’s situation should be dealt with individually and each assessment is essential to the employee’s disability claim. In another case, Epps v. City of Pine Lawn, Officer Epps is from a small town requesting a six month leave and the courts determined that his request is unreasonable. The city of Pine Lawn cannot relocate the policeman job duties among the small staff of fifteen policemen. The court concluded that the Officer Epps request was not vital in their decision for not granting him the leave, but the relocating of his duties will be disruptive and thereby causing an undue hardship for the small police station.
Kirkingburg applied for a waiver for this condition under a Federal test program; however Albertson’s fired Kirkingburg while he was waiting for this waiver. The District Court that heard this case ruled against Kirkingburg, stating that he was not “qualified” for his job due to failure of the DOT vision test and Albertson’s did not have to give Kirkingburg additional time to get his waiver. The Court of Appeals reversed the District Court ruling and ruled in favor of Kirkingburg based on (1) ADA definition of a qualified disability; (2) compliance with DOT regulations could not be used as a basis for dismissal due to the presence of an test waiver program (3) vision standards that were set by Albertson’s could not be justified by the case as
So much so that his parents disabled his car at night and took his shot gun away from him. When he was expelled his college dean urged his parents to have him evaluated for mental illness and they never followed through. Had they have placed a higher priority of understanding why their young son had been behaving so irrationally they would have discovered much earlier that he was suffering from schizophrenia and possibly stopped him from harming