Preview

Harrison V

Good Essays
Open Document
Open Document
852 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Harrison V
Case Brief #1
Tieera Hill
Metropolitan State University

Case Brief #1
Relevant facts of the case The court case Harrison v. Benchmark Electronics Huntsville involves a dispute concerning the employment of John Harrison (plaintiff) at a company called Benchmark Electronics Huntsville Inc (BEHI). Aerotek is a company that helps with placing temporary workers at BEHI and they assigned the plaintiff to work at the company as a Debug Tech. The plaintiff suffers from epilepsy, but he takes barbiturates to help keep his condition under control and it was determined by the Equal Employment Opportunity Commission (EEOC) that this isn't considered a disability as noted by the Americans with Disabilities Act of 1990 (ADA). The company screens their temporary employees if their supervisor suggests them for permanent positions and with a request made by his supervisor Don Anthony, on May 19, 2006, the plaintiff submitted an application for permanent employment. The plaintiff consented to a drug test that came back positive as noted by Lena Williams who was employed in the human resources department of the company. Somehow Anthony found out about the results of the drug test and confronted the plaintiff about him testing positive for barbiturates. The plaintiff responded by saying he had a prescription for it that he was then asked to retrieve and this prompted Anthony to call the Medical Review Officer (MRO). Anthony passed the phone to the plaintiff who answered a series of questions about the medication and Anthony remained quiet, but remained in the room during the entire phone conversation. On July 19, Williams was told by the MRO that the plaintiff's drug test had been cleared and she received clearance to be able to hire him. She passed this information along to Anthony, but he told human resources not to send out a job offer letter to the plaintiff and he asked Aerotek not to let him return to BEHI. Instead, on August 18, 2006, Aerotek

You May Also Find These Documents Helpful

  • Good Essays

    Wgu Est1 Task 1

    • 492 Words
    • 2 Pages

    It involves many protection barriers such as, giving citizens with disabilities equal rights as anyone of any race, religion and gender. It also requires employers to make appropriate accommodations to the work environment to help aid disability workers move around easier. In the Scenario, the applicant was denied employment because to accommodate their need to move around in the building, the company would have to renovate their elevators. The company chose to deny the applicant because it would cause undue hardship for the company. The requirement for the ADA is the company that the employer must have at least 15 or more employees. In this scenario, there was a violation that occurred because the company claimed that the $2,000 would be a hardship. A company with 75 employees can afford the cost to accommodate the applicant. If the company decides not to comply with the applicant, the applicant can decide to sue the company because of the ADA. This would cost more than the $2,000 to change the…

    • 492 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Michael Harrison Jr. the plaintiff filed a complaint with the EEOC against the defendant Killeen Fast- Food Restaurant (Wendy’s) for refusal to hire him based on his hearing impairment despite his qualifications. The EEOC filed suit in the U.S. District Court for the Western District of Texas Waco Division, the general manager of the restaurant refused to hire…

    • 746 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The plaintiff, Margaret Hollar was not employed at the time of the accident in question. The plaintiff had a history of having an L4-S1 discectomy and laminectomy. Ms. Hollar testified that she had a history of severe headaches, which began when she was 20 years of age. The plaintiff was involved in an accident in 2001 in which she slipped on ice and injured her neck and back. That injury led to her back surgery, as a result of her chronic back pain she was unable to return to work. The plaintiff has a history of severe depression and anxiety and inpatient psychiatric treatment.…

    • 520 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Facts: Ms. Deters, the plaintiff, sued Equifax, the defendant, in the United States District Court for the district of Kansas after being sexually harassed on several different occasions by three different co-workers and also the original male supervisor. Violating Title VII, prohibiting discrimination of employees based on race, color, religion, sex and national origin. Ms. Deters filed multiple complaints on the daily sexual harassment that had taken place at the office. Mr. Taylor indicated he would handle the sexual harassment, him being the highest managerial position in the office. Mr. Taylor was also designated by Equifax to enact its human resource policies. The courts entry of judgment in the favor of the employee denied the defendants motion on the issue of punitive damages. However, Equifax did not agree with the decision of the court and wanted a judgment as a mater of law de novo. Equifax litigates that the evidence was not in support of the punitive damages.…

    • 487 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Unit 9 Memorandum

    • 763 Words
    • 3 Pages

    July 2010, Ms. Natalie Attired filed and was denied unemployment compensation benefits on the grounds of “misconduct”.…

    • 763 Words
    • 3 Pages
    Powerful Essays
  • Satisfactory Essays

    1. A business fails to meet the criteria if its practices are not equal and if has procedures unrelated to necessary job functions in the organization. In the case of McDonnell Douglas vs Green the Supreme Court holds that a charging party can prove unlawful discrimination indirectly by showing a failure in the organizational business process. In this case the hiring and firing of an employee, McDonnell Douglas was taken to court over their unethical tactics. The charging party has to only prove four things: they are a minority (protected group), they applied and were qualified for the position, the job was not offered to them, and the employer continued to seek applicants with similar qualifications. If the plaintiff can prove these four elements, the employer must show a legitimate lawful reason why the person was not hired.…

    • 432 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Second, the Plaintiff is incapacitated within the meaning of the ADA. Third, the Plaintiff could have completed the job with rational accommodations. Forth, the Plaintiff was subject to adversative employment action due to the incapacity.…

    • 443 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Chapter 39 Questions

    • 608 Words
    • 2 Pages

    This case involves itself within The National Labor Relations Act (NLRA). The NLRA allows employees the right to form a union, to bargain collectively through a representative chosen on their own, and etc. Hence, employers have their rights but also obligations under the NLRA. The NLRA does not allow employers to discriminate or take part in any unfair…

    • 608 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Aarons V. Peterson

    • 425 Words
    • 2 Pages

    ISSUE Is the defendant negligent and liable for injuries to the plaintiff? RULES In negligence, a plaintiff must prove: duty; breach duty; causation; and actual injury. Cite A person owes a heightened duty of care where children may be present.…

    • 425 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Virginia vs Moore

    • 470 Words
    • 2 Pages

    February 20, 2003 Portsmouth, Virginia two detectives responded to a radio call of a suspended driver. (No clear location of the traffic stop) after the subject was arrested he was moved to the second location. Second location was the hotel parking lot of Moore where the officers decided to search him finding the 16grams of crack cocaine in his jacket pocket, and $516 in his pants pocket. David Lee Moore was convicted of possession of cocaine with the intent to distribute in the Circuit Court of the City of Portsmouth. Moore was originally being stopped for operating a vehicle while having a suspended driver’s license. This would have only been a Class 1 misdemeanor. While being searched the officers found sixteen grams of crack cocaine and five hundred and sixteen dollars.…

    • 470 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Miranda V

    • 1425 Words
    • 4 Pages

    One of the landmark cases in our history which affected the law enforcement is Miranda v. Arizona case. This case had a significant impact on law enforcement in the United States, by making what became known as the Miranda rights part of routine police procedure to ensure that suspects were informed of their rights.…

    • 1425 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Brief 1

    • 352 Words
    • 2 Pages

    Susan M. V. New York Law School, No. 129, Court of Appeals of New York, 76 N.Y. 2d 241; 556 N.E. 2d 1104; 557 N.Y.S. 2d 297; 1990 N.Y. LEXIS 1413, April 26 1990, Argued, June 14, 1990, Decided…

    • 352 Words
    • 2 Pages
    Good Essays
  • Better Essays

    This paper will outline a complaint process and illustrate the civil litigation that could follow if the Equal Employment Opportunity Commission, through mediation and arbitration cannot resolve a charge. The complaint is based on a scenario of an employee, named John. John works for a private sector business and he wishes to lodge a complaint of discrimination against the company he works for. This paper will explain the steps that are taken, from the beginning with the (EEOC), Equal Employment Opportunity Commission. The paper will continue explaining the process by illustrating the civil litigation steps from the state level to the highest level of the United States Supreme Courts.…

    • 1051 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    Facts: Kyle John Kelbel was convicted of first-degree murder, past pattern of child abuse, in violation of Minnesota state statute section 609.185(5) and second-degree murder, in violation of Minnesota statute 609.19, subdivision 2(1). He was sentenced to life in prison for the death of Kailyn Marie Montgomery. Kelbel appealed, and argued that the district court failed to instruct the jury that it must find that the state proved beyond a reasonable doubt each of the acts that constituted the past pattern of child abuse and he also argued that the evidence against him was insufficient to prove past pattern of child abuse against Kailyn. Kelbel testified that the head injury of Kailyn was inflicted by a cup thrown at her head by step brother Evan. Kelbel also testified that other injuries found on Kailyn were caused by Evan and that he is "rough" with her. Medical examiners ran an autopsy on Kailyn's body and determined that the injuries had been caused by blunt trauma and force caused by a knee or fist. Medical examiners testified that the injuries caused could not have been caused by a cup thrown at her head or by an accidental fall down the stairs. Kailyn's mother, Lindsey, also testified that Kailyn had previous injuries that she became concerned with. Upon retrieving a search warrant, police entered Lindsey's home to find further evidence. Police found a dent in the wall near Kailyn's bed. After Kelbel was eventually found guilty of the charges brought, Kelbel filed a motion for a judgement of aquittal and for a new trial on the grounds that the evidence was insufficient to support his conviction. The district court denied the motion.…

    • 603 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Unit 8 Legal Research

    • 541 Words
    • 3 Pages

    Decker v. St. Mary’s Hosp. 266 Ill.App.3d 523, 639 N.E.2d 1003, 203 Ill.Dec. 444 (1994)…

    • 541 Words
    • 3 Pages
    Satisfactory Essays