In the employee discrimination case of Sylvia Nelson versus Dulton County Sherriff’s office the observations are based on if diversity and reasonable accommodations …show more content…
Moreover, Donovan the supervisor of Nelson did not attempt to make necessary accommodations on the job which violated Nelson’s rights under the American Disability Act (ADA). Therefore, Nelson’s arguments would be that, she took the proper steps to receive proper treatment that she needed to successfully perform competently in her current role, granted her theory was she discriminated against based on her mental disability.
“The social model of the American Disability Act (ADA: provides an alternative causal narrative: one that shifts focus onto the role played by employer practices and organizational norms in producing inequality” (Travis, 2014). Irrespectively, the nature of an employee’s claims, reasonable accommodations must be considered to keep private lawsuits or American Disability Acts claims from being filed (Bethel University, 2011).
Dulton’s County Sheriff’s office argument is that considering Nelson’s previous behavior of the 1998 psychological afflictions and post-traumatic stress disorder; and firing 6 rounds from her revolver into the ground of her father’s grave; Donovan felt Nelson would not be competent to stand in a court of law to testify under strenuous circumstances without losing control of her temper regardless of her continued therapy under her doctor’s …show more content…
There was no evidence of unsociable behavior in the workplace or negligence of not taking ownership of her previous duties and fulfilling them after her return to work. In regards to the open position, Donovan did not give Nelson an opportunity to apply. Due to the fact that that Nelson did not have more tenure than another officer with seniority; this does not mean that she was not capable of successfully performing the job duties of the new role. There were no grounds of termination for Nelson in this case. She followed the necessary procedures of psychological evaluations; she attempted to apply for a less stressful job and was not given the opportunity to do so. Nelson did have the right to sue under the Equal Employment Opportunity Commission (EEOC) act that her claim was valid as an unlawful claim of employment discrimination (Bethel University, 2011 pg.