MGT 434 Employment Law
Interactive Simulation Paper
Mr. Robert Lewandowski
May 17, 2006
To ensure that an employer is reaping the greatest benefit from its applicant pool, the employer should be “disability-blind” and evaluate each applicant on the basis of her or his competence. This is true during all stages of employment, including the interview, hiring, employee relations, transfer requests, performance reviews, disciplinary decisions, and termination decisions. Follow the guidelines stated in section 503 of the Rehabilitation Act which requires affirmative action on the part of federal contractors and agencies to recruit, hire, and train disabled workers. Make facilities used by employees readily accessible to and usable by individuals with disabilities. The employer generally has a duty to make “reasonable accommodations” to enable a disabled employee to perform the essential functions of the job, if the employer can do this without “undue hardship.” however; the duty of reasonable accommodation applies only where the disabled employee is otherwise qualified for the position.
An employee with a known drug abuse problem is against company code of conduct. This includes the employee not being protected under any Title VII provisions. One particular measure a company can take to reasonably accommodate this employee is to offer rehire once the employee has been fully rehabilitated. Once the employee has successfully completed rehabilitation, the employee can be protected under the ADA. Therefore, to avoid possible violations with Title VII, an employee should be offered their position when they complete rehabilitation. If the employer suspects alcoholism, he or she must inform the employee of counseling services. If the alcoholism continues, the employer must give the employee a “firm choice” between treatment and discipline.
The employer must then provide outpatient treatment. If this is...