Do you believe American Airlines has the right to rescind a conditional job offer? Why? I do believe American Airline should be entitled to rescind a conditional job offer but not for the reason at hand, according to the courts, American Airlines did not approach the situation correctly. However, employers do have the right to rescind job offers.
Is the fact that they didn’t follow their standard hiring process a problem here? Explain.
According to the second court, this was indeed the problem. The court stated American Airline should have made the conditional offer only after all non-medical factors had been evaluated, which was their normal” process. The deviation made the decision to rescind the offer as questionable.
Do you believe American Airlines has the right to not hire someone who is HIV+? Defend your position.
My honest opinion that should have the right not to hire someone with HIV because HIV is a deadly disease and people who have the virus are not as careful as others which does not exclude that fact that those who have to virus may want to give the virus to others because of mental and emotional problems, but by law no, but with the HIPPA law there is no way you will know if a person has any type of disease they are protected by law the legislation states Individuals with HIV are considered disabled and protected by the ADA.
If you were the judge at the trial, given the facts presented above, who would you rule in favor of American or the three individuals? Why? I would rule in favor of the three individuals why? Because there are laws set in place to protect them because of my position as a judge.
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