must use   the reference below Bennett-Alexander, D., and Hartman, L. (2019). Employment Law for Business, (9th ed.). NY: McGraw-Hill. ISBN 978-1-259-72233-2. reply to the students response in 150 words minimum and provide 1 reference question 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. . Student response In analyzing this situation the federal statutes and/or theories of law that are applicable is the Americans with Disabilities Act of 1990 (ADA). "The ADA prohibits employers from making adverse employment decisions on the basis of a disability of an individual as long as an individual with a disability is otherwise qualified for a position with or without reasonable accommodation."  It is important that an employer really understands the meaning of each term in this statue to ensure that the employer is really making an effort to accommodate if needed. This statute defines disability as "a physical or mental impairment that substantially limits one or more of the major life activities of an individual; a record of such impairment, or being regarded as having such an impairment." to break it down even further "impairment is any physiological disorder or condition... or any mental or psychological disorder which substantially limits one of life's major activities i.e. such as caring for one's self, performing manual tasks, walking, seeing, speaking, breathing, learning and working. " Aside from the terms defined it is also very important to highlight what it means for an employer to reasonably accommodate and what is means for a company to endure undue hardship. Reasonable accommodation is defined as "an accommodation to the individual's disability that does not place undue hardship on an employer; Undue hardship may be determined by looking to the size of the employer, the cost to the employer, the type of employer and the impact of the accommodation on the employer's operation. According to Bennett-Alexander, D. & Hartman, L.P. (2019). "An applicant or employee is otherwise qualified for the position if, with or without reasonable accommodation, the worker can perform the essential functions of the position. Reasonable accommodation in this context generally means the removal of the unnecessary restrictions of barriers. reasonable accommodation is further defined as a modification that does not place undue burden or hardship on the employer. (Page 653).  In this hypothetical the legal issues that exist is that John's supervisor wants to fire him due to his difficulty concentrating, his numerous mistakes and missing several days due to his diabetes. John's disability is protected by ADA and without making a reasonable accommodation, the employer does not have a legal right to fire him due to John's situation. The tenure that Jo.

1. must use the reference below
Bennett-Alexander, D., and Hartman, L. (2019). Employment
Law for Business, (9th ed.). NY: McGraw-Hill. ISBN 978-1-
259-72233-2.
reply to the students response in 150 words minimum and
provide 1 reference
question
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.
.
Student response
In analyzing this situation the federal statutes and/or theories of
law that are applicable is the Americans with Disabilities Act of
1990 (ADA). "The ADA prohibits employers from making
adverse employment decisions on the basis of a disability of an
individual as long as an individual with a disability is otherwise
qualified for a position with or without reasonable
accommodation." It is important that an employer really
understands the meaning of each term in this statue to ensure
that the employer is really making an effort to accommodate if
needed. This statute defines disability as "a physical or mental
impairment that substantially limits one or more of the major

2. life activities of an individual; a record of such impairment, or
being regarded as having such an impairment." to break it down
even further "impairment is any physiological disorder or
condition... or any mental or psychological disorder which
substantially limits one of life's major activities i.e. such as
caring for one's self, performing manual tasks, walking, seeing,
speaking, breathing, learning and
working.
" Aside from the terms defined it is also very important to
highlight what it means for an employer
to reasonably accommodate and what is means for a company to
endure undue hardship. Reasonable accommodation is defined
as "an accommodation to the individual's disability that does
not place undue hardship on an employer; Undue hardship may
be determined by looking to the size of the employer, the cost to
the employer, the type of employer and the impact of the
accommodation on the employer's operation. According to
Bennett-Alexander, D. & Hartman, L.P. (2019). "An applicant
or employee is otherwise qualified for the position if, with or
without reasonable accommodation, the worker can perform the
essential functions of the position. Reasonable
accommodation in this context generally means the removal of
the unnecessary restrictions of barriers. reasonable
accommodation is further defined as a modification that does
not place undue burden or hardship on the employer. (Page
653).
In this hypothetical the legal issues that exist is that John's
supervisor wants to fire him due to his difficulty concentrating,
his numerous mistakes and missing several days due to his
diabetes. John's disability is protected by ADA and without
making a reasonable accommodation, the employer does not
have a legal right to fire him due to John's situation. The tenure
that John brings to the company speaks highly to the
commitment he has had to the organization, his abilities to
perform the job with or without a reasonable accommodation

3. and with that being said there are several claims that could
come up in this situation. From reading this issue it sounds like
Mark is fully aware of John's diabetes from his absences of
work. John is required to make a request for a reasonable
accommodation and make the employer fully aware of his health
issues and what is hindering him from performing the job, then
the employers duty is to find any and every possible effort to
accommodate Johns situation. ADA cannot protect an employee
unless the employer is fully notified and aware of the
limitations. Therefore in this situation John needs to first and
foremost make sure that Mark is fully aware. In regards to a
suffice request the text outlines "According to the EEOCS
Guidance, in requesting reasonable accommodation and
employee "may use 'plain English' and need not mention ADA
or use the phrase reasonable accommodation. The courts also
have concluded that an employee who merely tells his
supervisor that 'his pain prevented him from working and that
he requested leave under FMLA is protected by the ADA."
(Page 662). In this situation Mark needs to be really careful
about what decisions he is making in response to Johns
performance and/or attendance. If John did his due diligence in
notifying his employer of his need of absence and reason for his
performance, Mark needs to find every way possible to
accommodate. Whether that's allowing John to take a leave of
absence to give him time to care for his issues or really figuring
out what barriers can be taken away that is hindering Johns
performance. The only way Mark can legally fire John is by
after making every ditch effort of accommodating and still not
coming up with anything (or if it is causing undue hardship)
then Mark would have the legal ability to fire John. With that
being said the EEOC will need proof of every effort made as
well as the severity of the undue hardship being caused.
One case that I thought was somewhat similar to John's is
Gogos V. AMS Mechanical Systems 737 F.3d 1170 (7th Cir.
2013) "In this case, the plaintiff, an individual with high blood

4. pressure, was terminated from his position. The Seventh Circuit
reversed and remanded the district court's order granting
summary judgment, and discussed the EEOC's regulatory
language, episodic conditions, mitigating measures, and short
term conditions." (Page 708). In this case Gogos (Employee)
has been taking medications to reduce his elevated blood
pressure for more that 8 years. He began working for AMS and
the second month his blood pressure spiked very high and
experienced vision loss. After Gogos discovered his eye was red
he requested to leave to seek medical treatment, as he was
leaving his general foreman immediately fired him. Gogos then
alleged sufficient facts to his claim under ADA and was found
that his condition was covered under ADA. "He attributes both
problems to his long lasting blood pressure condition and the
ADA's implementing regulation lists hypertension as an
example of an impairment that may be episodic."
Gogo's immediate termination has deemed his the ability to file
a discrimination claim under ADA. Gogo has shown that he is
fully qualified to perform the job based off of his 45 year
experience and due to the fact that he needed medical attention
and left work he was fired. This case is very relatable or on
point to the situation with John. Hypothetically speaking all
parties are aware of Johns situation, John could be needed
medical attention which explains his absence and well as he
could be having and episode caused by his diabetes which may
be causing these mistakes. None the less both supervisors are
reacting not making an accommodation and resorting to
termination and in these cases these employees are subject to a
lawsuit.
In regards to this case an action item that I would recommend is
training. I have found through my time in recruiting that most
of the reasons for the actions of managers is the lack of
education. From experience I have found that they are very
receptive to learning and really doing the right thing, after all it
is for the good of the organization and their success. Training

5. could play a very vital part in doing the right things to ensuring
an organization is following the statues that are set to protect
employees. In this case the type of training that I recommend is
a very informative and interactive training. This is part of a
leadership curriculum really dissecting the meanings behind the
terms defined above, the consequences of violating these laws
and the overall impact they could make by making every effort
to accommodate. I feel that interactive training is most effective
because it is not just a module you're required to take and
knowing that those aren't taken very seriously can cause a lot of
harm to an organization. In this training going over real life
cases and scenarios and the outcome of these cases could also
really make a huge affect on a person's decision. To conclude
this a Q&A can really bring light to certain situations.