INDUSTRIAL ACCIDENT When an employee is hurt and is absent as a result of an industrial accident, he/ she will not be charged with an absence. The contract provides a bonus for perfect attendance; and after a year, each assessment of points is removed from an employee’s record. John O’Reilly joined the company after graduation from high school and had nine years of service as of December 2008. He played softball and bowled for company teams and often stayed out late having a “few beers” after these events. John was late for his 6 AM shift more than most employees. John also lost a lot of time due to a documented asthma condition he had had all of his life. In the past, John had come close to being assessed 100 points, which would have allowed his discharge. In December 2008, John seriously injured his back while working on a bread-molding machine. The injury resulted in two back operations and extensive physical therapy. John was assigned to light duty during this period, and no points were assessed for any loss of time or lateness due to this injury. However, as a result of some car problems, some oversleeping, and some asthma attacks, his attendance record was assessed 115 points in July 2009, and he was terminated under Article XIII(4)(D) of the collective bargaining contract. What is a “no-fault” attendance program? Was the termination of O’Reilly justified under the contract? Is the contract in compliance with the ADA? Explain.