Question
Good afternoon. I would like help with this homework. Thank you in advance! Overview The complainant alleged that the respondent discriminated against him in the
Good afternoon. I would like help with this homework. Thank you in advance!
Overview
The complainant alleged that the respondent discriminated against him in the area of employment on the ground of mental disability.
Background
The complainant commenced employment as a firefighter with the respondent in 2010. The complainant claims that shortly after his employment began, he was subjected to physical, sexual, and emotional abuse and harassment by his co-workers, which resulted in diagnoses of depressive mood disorder and alcohol addiction. The respondent became aware of the complainants alcohol addiction in 2012. From 2011 to 2014, the complainant accessed the respondents Employee Family Assistance Program. While the complainant took part in a number of counselling and rehabilitation programs, he had a number of relapses. In February 2015, the complainant signed a Last Chance Agreement with the respondent, agreeing that if he engaged in alcohol use, his employment would be terminated. The complainant then relapsed and sought treatment. The Last Chance Agreement was extended in August 2015, but the complainant breached the agreement in February 2016 and in May 2016. On September 8, 2016, the respondent terminated the complainants employment. It relied on breaches of the Last Chance Agreement and noted that the complainant was in a safety sensitive position as a fire fighter, where zero alcohol was permitted. On September 7, 2017, the complainant filed the Complaint, taking the position that his prognosis improved following his dual diagnosis and treatment in June and July 2016.
Analysis: 1) What are three actions that an HR professional could take to reduce the employers risk in this scenario? Be specific.
2) List three things that are considered in determining if an employer has accommodated to the point of undue hardship. For each, explain if with the information available, you think this employer met that standard. Include any assumptions that are you making as part of your analysis.
- Consideration
- Has threshold of "undue hardship" been met?
- Assumption 3. Conclusion: Do you think this is a valid complaint? Why or why not. Support your answer with at least three pieces of evidence
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