BHR 3565 Unit IV Memo

Unit IV Memo

Columbia Southern University

Unit IV Memo

BLUE BELL FREIGHTMay 21, 2019

MEMORANDUM FOR BBF CEO

SUBJECT: SHIRLEY WILLIAMS EMPLOYMENT

1. This policy letter is regarding the employment of Miss Shirley Williams, a new hire in the position of driver. During medical examinations done post hire, it was discovered that Miss Williams has Lupus. Lupus is a disease that can affect an individual’s ability to drive.

2. Americans with Disabilities Act (ADA) prohibits employment discrimination against individuals with a disability. However, in order to receive legal protection under the law, an individual must be able to perform the essential functions of the job, with or without reasonable accommodation, and meet the requirements of education, training, and skills of the job that he or she wants or has (Keenen, 2008a). It is my opinion that Miss Williams cannot safely perform duties as a driver even if all possible accommodations are made.

3. Under the ADA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. An impairment is interpreted to be a condition that affects one or more body systems, e.g., the respiratory system, musculo-skeletal system, digestive system, or the emotional and psychological systems (Keenen, 2008b). Lupus is a disease that affects individuals in different ways, but safe driving abilities is one activity that is commonly affected in individuals diagnosed with Lupus.

4. Under the ADA, an employer cannot ask about an individual’s disability during the application process. They are also forbidden from requesting medical exams and drug tests during this process. Once an offer of employment is made, an employer can request drug testing or a medical exam if it is being requested of all employees. There are special circumstances when an employer can request a medical exam or medical information. An example of such a circumstance is when there is a possible safety concern or the possibility that an employee cannot do the essential functions of the job. (Keenen, 2018c). Safety of Miss Williams, BBF employees, and other motorists is of the utmost importance and shouldn’t be put in jeopardy.

5. Miss Williams may be an asset to the company in another position, but considering her abilities, she would be a liability to herself, others, and this company as a driver. It is my recommendation that Miss Williams be removed from her position as a driver and offered another position more compatible with her abilities.

//SIGNED//

John Q. Public

HRM, Blue Bell Freight

References

Keenen, J. (2008a). United States Equal Employment Opportunity Commission. Retrieved from https://www.hss.edu/conditions_lupus-employment-rights-knowing-options.asp

Keenen, J. (2008b). United States Equal Employment Opportunity Commission. Retrieved from https://www.hss.edu/conditions_lupus-employment-rights-knowing-options.asp

Keenen, J. (2008c). United States Equal Employment Opportunity Commission. Retrieved from https://www.hss.edu/conditions_lupus-employment-rights-knowing-options.asp