29 Jun WRITTEN ASSIGNMENT,,
RUNNING HEAD WRITTEN ASSIGNMENT
NAME:
UNIVERSITY:
COURSE:
DATE OF SUBMISSION:
(A) Briefly describe what facts you need to learn or confirm in order to make a decision about how to handle this situation, and how or where you would try to get the information. Indicate if you think any privacy concerns may impede your inquiry.
The human resource director needed to establish the following facts. Has Mr. Guy exhibited any violent behavior towards other colleagues his supervisor and himself. Has he has destroyed any company property accidentally or otherwise. Whether he is capable of performing his assigned employment duties at MediGen competently and whether he is suffering from any psychotic disorders.
After establishing the facts above the human resource director should carry out interviews to avoid escalation of the problem with the accused, complainant and witnesses. The objective of the interview should be to determine the specific detail with respect to the places of events, the times of the events times witnesses who were present and the number of times the objectable conduct occurred. When carrying out the interviews confidentiality should be observed and this should be done during regular hours.
Privacy issues that may arise to deter the employer when carrying out his inquiry include factors such as inability of the employer to gain access to the employees health records since medical examinations are only allowed after a job offer prior to commencement of employment responsibilities or as part of a voluntary health program offered to employees at the work place (Mark 2004). Since Mr. Guys disability has not yet been proven this ties the human resource directors hands because the Equal Employment stipulates that medical examination on an employees disability only when the inquiry is job related and consistent with business necessity.
(B) What legal issues will affect your decision on how to handle this situation? (Note: This question does not ask you to answer the legal issues, but rather to clearly identify each separate legal issue presented, so that you can develop an analytical approach to solving this problem. You do not need to write a lengthy essay; a simple listing of the issues will be satisfactory.)
Legal issues that may arise that may affect the way the human resource director handles the case include factors such as his or her ability to investigate the off duty conduct of Mr. Guy such as him hitting the roof of his car with his fist and his marital problems . Another legal issue is his ability to investigate the medical history of Mr. Guy and measures he/she can take to investigate the behavior of Mr. Guys behavior at the work place.
(C) Are you permitted under applicable law to question Mr. Guy about his on-the-job conduct? Are you permitted to question him about off-the-job conduct? Are you permitted to question him about his medical history or current medications? Please cite to any regulation or government guidance you think supports your position.
According to EECC an employer may make disability-related inquiries and require medical examinations only if they are job-related and consistent with business necessity. The human resource manager is allowed under law to question Mr. Guy on job conduct its impeding his ability to carry out his employment responsibilities. The employer must have a reasonable belief based on objective evidence that an employee will be unable to perform the essential functions his or her job because of a medical condition or the employee will pose a direct threat because of a medical condition.
Regarding Mr. Guys off job conduct the Human resource manager can only question him if there is any relationship between his off job conduct and his performance of his employment responsibilities. Mr. Guy hitting the roof of his car with his fist injured his hand which may impede his performance at work there for the human resource manager can question him on his off duty conduct.
The human resource manager learnt of Mr. Guys condition from a third party he should therefore first determine whether the source is reliable then determine whether the information gives rise to a reasonable belief that the employee in question will be unable to perform the essential functions of his or her job because of the medical condition or will pose a direct threat because of the condition. If the information does give rise to such a reasonable belief, then the employer may make disability-related inquiries or require a medical examination as permitted by the Guidance.
D) Are you permitted under applicable law to require Mr. Guy to submit to a psychiatric examination? Explain why or why not, and cite any specific regulation or government agency guidance that you think has a bearing.
The Human resource manager can only submit Mr. Guy to a psychiatric examination if he requests Mr. Guy for a medical examination and he declines to submit one or he provides an inconclusive report. If the employer has explained what type of documentation is needed, and the employee fails to provide it or provides insufficient documentation, the employer may require the employee to see a health care professional of the employers choice (EEOC).
E) Are you permitted under applicable law to discipline Mr. Guy in any way? If so, what would be your factual basis for disciplinary action? If you conclude that you are legally permitted to discipline Mr. Guy, what level of discipline, if any, do you think would be appropriate in this circumstance? Do you think discipline would be a wise course of action? Why or why not?
If the human resource director after carrying out proper investigation and determines that Mr. Guy has a disability the disciplinary action can be given if Mr. Guys disability does not cause the misconduct for according to (EEOC 2002) guidance on disability if the employees disability does not cause the misconduct the same conduct standard applies to all employees.
(EEOC 2002 ) further stipulates that if an employees disability causes violation of a conduct standard the employer can still discipline the employee if the conduct is job related and other employees are held to the same standard of conduct. For instance Mr. Guy just like any other employee is obligated to behave in a respectful non violent manner towards the supervisor.
The human resource director should punish Mr. Guy by issuing a warning for disrespect towards his supervisor by getting into an argument with him over a work assignment and further carelessly knocking him down. He should also be punished for breakage of glass beakers by kicking the table by deducting the cost of damages caused from his salary.
References
EEOC, Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act, (rev. Oct. 17, 2002).
Mark 2004 Privacy in the work place Employment Roundtable, (2004)
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