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THE IMPAIRED EMPLOYEE AND LIABILITY PAPER

THE IMPAIRED EMPLOYEE AND LIABILITY PAPER

You are the Vice President for Health Services. You haveinstituted a national search to fill a mid-level managementposition in your unit, and have appointed a search and screeningcommittee to give you ranked recommendations. The search committeehas done its work and delivered to you a ranked list of fivecandidates. Their first choice is also your first choice, but thefirst two candidates are very close in qualifications and abilityand the third name on the list, although acceptable, is not in the“same league” according to the chair of the committee. The searchand screen committee has also disclosed to you that in the courseof the interview, the candidate ranked #1 on the committee’s finallist had mentioned that he has a degenerative progressive conditionwhich could result in a disability. His physicians are not able topredict, however, whether the disabling condition may appear in afew years, twenty years, or not at all.
The information about the first candidate concerns you, and youshare it with your president and the vice president for humanresources and risk management. Your vice president colleague pointsto the risks that the institution would take in hiring thisindividual based on the financial obligations that your institutionmay incur as a consequence of partial or total disability. Headvises you to offer the position to the second name on the list.The president seems to agree, and adds that the senior officershave the responsibility of fiscal accountability to the governingboard, but she leaves the final decision up to you.

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