Joe Smith is applying for a promotion to the supervising patrol officer position in the Sample City Police Department.  He is currently on the force as a patrol officer and is considered an exemplary officer.  He's held this position for the past six years.  There are no concerns or disciplinary actions noted in his personal file.  Unfortunately, Joe was diagnosed with Type 1 diabetes five years ago.  Joe was selected to be interview for the supervising patrol officer position and was offered the position contingent upon a medical exam.  Successfully passing the medical exam is customary and is not specific only to Joe. 

During the medical exam, however, Joe informed the doctor that he was a diabetic and started using an insulin pump two years ago to control his blood sugar levels.  Joe happily reported that the pump has helped stabilize his blood sugar levels and has not had any episodes that would be of concern.  The doctor sent you her report indicating that Joe was a Type 1 diabetic, but that he was otherwise met the physical demands of the position. 

You are the hiring manager for this position and are learning of Joe's illness for the first time.  Out of safety concerns, you are inclined to withdraw your job offer. 

 

If you revoke the job offer, would Joe have a discrimination case against the police department?  Why or why not?  Be sure to include what law applies and if diabetes is a qualifying illness. Analyze whether Joe meets all the requirements to be protected under the law.  What is Joe's strongest argument to support his position as to why he should be given the job.  Based on your analysis, indicate whether you can legally withdraw your offer.