Question

Read the hypothetical below. What are John’s potential claims if he is terminated this week?

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.

Instructions: Please write in essay format.  Include the guidance below in your analysis:
a) Set forth the federal statute and/or theories of law that are applicable.
b) Identify the legal issue(s) that exist and claims that may be brought based on the facts of the case.
c) Apply the facts of the case to the elements of the law/theories of law.
d) Cite a case in the text which is on point with the scenario, or compare and contrast with a case in the text.
e) Provide an action item agenda of specific objectives you would recommend implementing in order to prevent future exposure to liability. Be specific (e.g., if training is a recommendation, describe the type of training in detail).

Answer 1

a)

The Americans with Disabilities Act (ADA) is a civil rights law that is applicable to John in case if he is fired this week. The Act became a law in 1990 and it protects employees with disabilities from unfair treatment and discrimination at workplace. 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. The law requires that employers provide fair and equal treatment to workers who are in progressive age.

In both these laws there are certain conditions (15 and 20 employees minimum) that is needed to be established. However, the laws ask the employer to make reasonable adjustment to provide the employees in order for them to do their duty.

b)

The legal issue in this case is that there is a possibility of discrimination against John when we consider ADA and ADEA in this given instance. It is correct that John is facing difficulty in concentrating and making mistake. However, the case does not provide information further details. Given the limited details, we know that John has been with the company for 20 years. During that time, he has been able to perform his duty completely and satisfactorily. Thus the current problem in his duty can be logically owed to his diabetic health or advanced age. Based on this reasoning, John can claim discrimination under ADA or ADEA.

c)

The fact of the case is that John has missed several days of work due to diabetes. His health is not in the best condition (or the condition it was in few years ago). When his health was good and he was younger, there was no lack in his performance. However now, there is lack in his performance. Thus the prosecuting lawyer/plaintiff lawyer can apply the logic that his poor performance is due to his Diabetes and Age. In this case, the organization should attempt to make reasonable adjustment rather than terminating his employment.

Termination of John’s employment will be violation of ADA and ADEA directive to the employers.

d)

One of the notable cases for ADA is Bates v. UPS where EEOC brought a case against UPS for failing to provide equal opportunity for hearing impaired employees.

In terms of ADEA case, one of the notable cases is Gomez-Perez v. Potter where the Supreme Court allowed the worker to sue the company for damages.