Ethics

Americans with Disabilities Act (ADA) was an act that was established to take care of the people with disabilities. This is especially relevant in the workplaces, where people with disabilities tend to be secluded and derived of an equal chance with other people. This particular review deals with a case of Chalfant who worked as a second shift supervisor. After Titan distribution terminated Quintak, which Chalfant worked for, they rejected his application for the same job. With the conditions that he had been faced with, Chalfant believed that he had a case against them. This is the issue that this essay reviews.


First, it is vital to discuss the things that Chalfant has to establish in his case against Titan Distribution. The first thing that he had to prove is that he has disability. As explained in the act, there are different forms of disability that may apply here. This could be mental or even physical. However, the existence of a disability is not enough as proof. He also has to go further and prove that the reason as to why he did not get accepted was because of the disability. This can be proven if the same chance is given to a person with equal qualifications, but lacking the same disabilities as Chalfant. This is because a company might think that the qualifications of a person are not enough to make them fit for the chance. Therefore, it may have nothing to do with the disabilities that anyone could be suffering, but by their ability to deliver the required services.


According to the act, the employer might also be justified to deny such a person a chance to work with them if the disability might cause hardship to them. This might seem as an issue that can only be used for the defense of the Titan distributors. However, it is an issue that can be used by Chalfant to help in the case. In 1992, Chalfant had suffered a heart attack after which he underwent a carpal tunnel surgery. In 1997, he also underwent heart by-pass surgery. After the application, Chalfant was told that he had passed the physical examination. Later, he was told that he did not pass the physical examination. This is a contradiction that he can use in his case. It is clear that their physical examination of him caused the decline. During the trial, this company claimed that the second shift had been eliminated. This is also another contradiction. They should have told him this at the time that he received a feedback for his application.


Lastly, Chalfant had to prove that he was qualified for the job as a second shift supervisor. The fact that he had been previously employed by Quintak can be an ideal starting point. However, there is a possibility that the criteria that Quintak uses are not the same as the one used by Titan Distribution. Therefore, there is a need that Chalfant looks for more proof that the employers that Titan considered had the same qualifications as him. After the offer was rejected, it is clear that he got a lower paid job. Therefore, it is clear that he was capable. After all, he had no major issues at work which would suggest that he was causing any hardships to employees as a result of their disability. If he was able to prove these three things, he would be at a better edge and have a stronger case against Titan Distribution. Since he had the conviction that he had been discriminated because of his disability, he had the right to push on with the case and ensure that the company suffered for its acts. This would make him feel better and be a lesson for other companies that might attempt the same in the future.


Punitive damages occur when an employer overlooks the rights of an employee with perfect knowledge of the same. This is an act that can prove the employers to be malicious or reckless, as well as not caring about the effect that their actions are going to have on the employees. It is an issue that may even affect the social, emotional, as well as the financial life of an employee. In this case, punitive damages can be a considerable case. This is because Chalfant can prove that they knew that they were violating the rights of a disabled person. Being a huge and successful company, it is clear that they must have had knowledge of the existing legislations which suggest that the act they carried out was illegal. According to the information that has been provided, it is clear that Titan was not new to federal laws that involved people with disabilities. It had been a defendant in court in federal disability discrimination. As a matter of fact, this had happened twice. Therefore, this was not an issue that they were in a position to claim or prove that it was new to them. These cases had also been appealed in the same court. Therefore, ignorance could not be used as a defense in this case


The essay above is a proof of the extent to which lack of ethics can take a reckless company. This is as a result of ignoring the rights of its employees. Chalfant was a worker who had successfully been with a different company and just wanted another chance. However, it is clear that his wish was declined as a result of the disabilities he suffered. With a better edge that Titan, he was bound to win the case and receive relevant compensation. Apart from the compensation funds that the company would pay for their actions, as well as punitive damages, this was negative publicity which is not good for business. Therefore, it is vital for any firm to ensure that it undertakes every important decision ethically and by the book and help with article critique writing





COMMENT

11

Andrzej Wawrzyniak
27 Nov

It's an interesting article however it would benefit from some formating and editing - paragraphs, headings etc. That would make it much more readable. 

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