Applying A Shift Change On The United States With Disabilities Act ( Cmc )

959 Words Sep 13th, 2014 4 Pages
In this situation an employee, Emily Pearson, at (CMC) will not agree to accept a shift change that has resulted from closing one of the facility’s wings. Ms. Pearson claims that because of her medical problems she is protected under the Americans with Disabilities Act (ADA)--42 U.S. Code § 12102 and does not need to accept the change from the first shift to the second shift. She feels that the organization must make a reasonable accommodation that would allow her to continue working on the first shift.
The optimal and most reasonable outcome for this case is to have Ms. Pearson to agree to accept her reassignment to work the second shift without having her file a claim against CMC for an unfounded violation of the ADA. She also needs to understand and agree that, although her medical condition is uncomfortable for her, it does not meet the criteria set within the ADA for being a physical or mental impairment that substantially limits one or more of her major life activities. Otherwise, without understanding and agreeing she may harbor animosity against CMC in the future for not providing her with the accommodation.
It is also important for Ms. Pearson to understand that her reassignment was not a random decision and that she was not the only employee affected. Her prior first shift job was eliminated when the wing of the facility where she worked was closed and all prior positions in that wing no longer exist. Other employees may have been laid-off as a result of the…

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