Case HRM 530

ADA and Rehabilitation Act protection means that, generally, as long as the applicant or employee is otherwise qualified for the position, with or without reasonable accommodation, the employer is prohibited from making any adverse employment decision solely on the basis of the disability. (Bennet- Alexander & Hartman, 2012, p. 568). I would say that Acme violated American with Disability Act when they evaluated johns working hour like staffs who worked full time. John's current status is has forced him to work less hour. Such hours could not yield as he used before. Provided that John provides the proof that he was ever competent before falling sick ( the time he used to work full time), this is likely to influence the ruling of the court his favor. To prove his disability factor case John must establish that 1) he is disabled, 2) he is qualified for the position he works 3) His accommodations were reasonable; reduced work hours 4) he suffered an adverse employment decision, in his case termination. In John's case, he can establish all of the above and sue ACME alleging wrongful termination under the ADA. John could claim that the company failed to look at performance pro-rata based on hours worked, hence Acme was not fair to him when conducting the appraisals. John can claim that since ADA requires accommodation in the job, similar to the one he was granted (reduced hours), the company was to put in mind such situations when conducting their appraisal. Acme failed to observe that and therefore they did not consider the disability factor. According to the EEOC, Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working (REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT, n.d., p. xx). Although John suffered the heart attack he was still an able bodied work willing to perform his duties at work. There are some situations in which you can legally be fired even though you’re on disability leave, as long as your employer follows the rules under the Americans with Disabilities Act (ADA). An individual can always be laid off due to business necessity or fired for performance issues that don’t ..............................CONTINUED.....................................