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Employment Law - Essay Example

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Employment Law assignment Name: XXXXX Professor: XXXXX Institution: XXXXX Course: XXXXX Date: XXXXX SCENARIO ONE The first issue to consider is whether John Davis condition can be said to be a disability. It is important to note that not everyone with a medical condition is disabling…
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Employment Law
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Employment Law

Download file to see previous pages... The next issue that arises is whether John Davies employer had done to protect and accommodate John Davies condition. Discrimination as when employer treats a qualified individual within a disability who is an employee or applicant unfavorably because she is a disability. The question that arises is whether Davies was a qualified individual and whose employer treated unfavorably. This is answered in the affirmative The fact that he has been into a company for over two years can not dispute the fact that he is qualified, and he could work well and tight deadlines. The law requires (The Rehabilitation Act 1973) an employer to provide reasonable accommodation to an employee. In this scenario, making the employee perform his duties with minimal pressure and him to continue enjoying the privileges of employment. It can be said that the fact that John Davies was given poor rally in his recent appraisal as a result of him having backlog of work is discriminatory and gross violation of his human right to fair wage /promotion. John Davies been denied promotion yet he is qualified and the denial is based on the need of such covered entity to make reasonable accommodation to the physical /mental impairments of the employee. The company failed to make a reasonable accommodation to Davies appraisal and was given poor results despite the fact that he was sickly and unable to attend his job on full time basis. John Davies was denied promotion because of the known disability and yet he was qualified An example of such a case is evident in, Toyota Motor Manufacturing, Kentucky, Inc. v. Williams Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) was a case in which the Supreme Court interpreted the meaning of the phrase "substantially impairs" as used in the Americans with Disabilities Act. It reversed the decision by the Sixth Court of Appeals to grant a partial summary judgment in favor of the respondent, Ella Williams that qualified her inability to perform manual job-related tasks as a disability. The Court held that the "major life activity" definition in evaluating the performance of manual tasks focuses the inquiry on whether Williams was unable to perform a range of tasks central to most people in carrying out the activities of daily living. The issue is not whether Williams was unable to perform her specific job tasks. Therefore, the determination of whether impairment rises to the level of a disability is not limited to activities in the workplace solely, but rather to manual tasks in life in general. When the Supreme Court applied this standard, it found that the Court of Appeals had incorrectly determined the presence of a disability because it relied solely on her inability to perform specific manual work tasks which was insufficient in proving the presence of a disability. The Court of Appeals should have taken into account the evidence presented that Williams retained the ability to do personal tasks and household chores, such activities being the nature of tasks most people do in their daily lives, and placed too much emphasis on her job disability. Since the evidence ...Download file to see next pagesRead More
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