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 …show more content…
Settling on one that satisfies the needs for both CMC and Ms. Pearson would be best. It may be possible for Ms. Pearson to continue working on the first shift if someone currently assigned to that shift is willing to move to the second shift. This solution would be a win-win for both parties. Another possible solution is that Ms. Pearson could be transferred to another area in the hospital that has an opening on the day shift for someone with her skill levels. Other solutions may not be as favorable, especially for Ms. Pearson. They include giving her the choice of accepting the reassignment and submitting a request to the HR department to be moved back to the first shift as soon as there is a position available, or she can resign. The final solution is to give Ms. Pearson no choice in the matter and insist that she accept the reassignment or be fired when she doesn’t show up for work at her scheduled
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 …show more content…
Settling on one that satisfies the needs for both CMC and Ms. Pearson would be best. It may be possible for Ms. Pearson to continue working on the first shift if someone currently assigned to that shift is willing to move to the second shift. This solution would be a win-win for both parties. Another possible solution is that Ms. Pearson could be transferred to another area in the hospital that has an opening on the day shift for someone with her skill levels. Other solutions may not be as favorable, especially for Ms. Pearson. They include giving her the choice of accepting the reassignment and submitting a request to the HR department to be moved back to the first shift as soon as there is a position available, or she can resign. The final solution is to give Ms. Pearson no choice in the matter and insist that she accept the reassignment or be fired when she doesn’t show up for work at her scheduled