Response to question 2
If the employer realizes that an employee's level of performance is declining, he or she should engage the said employee to know the underlying cause. Warnings should be issued prior to the final decision to fire the employee. However, in a situation where an employee's performance is affected by a medical condition which he/she has tested positive, terminating him or her is prohibited by the ADA. According to the ADA, if the employer has been notified about the employees, medical conditions and eventual disability, it is an employer’s obligation to provide an appropriate accommodation for the employers (Swason, 2014). However, it is important to note that the ADA exempts small business where providing the accommodation will lead to higher expense costs that the firm cannot manage to cater for. An employer is considered liable by the court of law for his/her failure to initiate an interactive process to establish an appropriate accommodation and instead firing the employee(s) in question (Swason, 2014). In addition, when firing an employee, an employer is expected to make a decision that appears final, non-tentative to the both parties in order to ensure clarity. In other words, both parties must be fully informed that the final decision has been arrived.
Response to question 3
Ethics determines what is good or bad, right or wrong in order to ensure natural justice (Robinson & Dowson, 2012). Based on the information provided in the case study, two ethical theories can be applied to arrive at the resolution. From utilitarianism theory perspective, the policy implemented by the Dura Automotive Systems, Inc can be argued to be right on the ground that they provide benefits for the many. According to the utilitarian ethical theory, what is right must produce the most good to the majority (Robinson & Dowson, 2015). Terminating the services of the six employees will create a safe working conditions for the entire workforce according to the management. Egoism theory can also be used to justify both the court and company’s decisions. According to egoism theory , an action is right if it serves the primary goals of the person doing it (Robinson & Dowson, 2012). However, from a care ethical theory, the employees who are under medical prescription belongs to vulnerable groups in the society. Therefore, it is unfair and morally wrong for the company to fire them. Instead, the company should have come up with an appropriate accommodation for them.
Findlaw.com, (2015). ADA: Disabilities and your rights as an employee. Retrieved on 9th July 2015 from http://employment.findlaw.com/employment-discrimination/ada-disabilities-your-rights-as-an-employee.html
Swason, M. (2014). When can you terminate an employee with a medical condition? Retrieved on 9th July 2015 from http://www.smbtrials.com/RC1ACS162/assets/files/News/February-March%20Employment%20Litigation%20and%20Counseling%20Newsletter.pdf
Robinson, S., & Dowson, P. (2012). Business ethics in practice: Normative ethical theory. Retrieved on 9th July 2015 from http://shop.cipd.co.uk/shop/bookshop/media/cms/pdf/bookstorepdfs/business-ethics-in-practice---a-sample-chapter.pdf