Question: Potential Claim Due to Termination: John is a 54-year-old man with diabetes. He has worked for Telco for 20 years.

Read the hypothetical scenario below. What are John’s potential claims if he is terminated this week?
John is a 54-year-old man with diabetes. He has worked for Telco for 20 years. Lately, he has had difficulty concentrating and makes numerous mistakes. He has missed several days of work due to his diabetes. Telco is aware that John has diabetes. Supervisor Mark wants to fire John this week. Instructions for initial post: Please write in essay format. The guidance below provides a roadmap of all areas that should be included in your analysis, however, do not simply write one-sentence answers to items a-e below. Rather, expand your analysis to include relevant legal theories and formal definitions of each legal term you use.
a) Set forth the federal statute and theories of law that are applicable. Provide formal definitions of the statute and all legal terms utilized in your analysis.
b) Identify the legal issue(s) that exist and claims that may be brought based on the facts of the case.
c) Apply the facts of the scenario to the elements of the law/theories of law.
d) Cite a case in the text which is on point with the scenario. You may also compare and contrast with other cases in the text.
e) Provide an action item agenda of specific objectives you would recommend implementing in order to prevent future exposure to liability. Be specific (e.g., if training is a recommendation, describe the type of training in detail).

Reference:
Bennett-Alexander, D., & Hartman, L. (2022). Employment Law for Business (10 th ed.). NY:
McGraw-Hill Education.

OUTLINE

a) Federal Statute and Legal Terms: In this scenario, the federal statute applicable is the Age Discrimination in Employment Act (ADEA), which prohibits employment discrimination against individuals who are 40 years of age or older. The ADEA protects employees from age-based discrimination in various aspects of employment.

Legal Terms:

1. Age Discrimination: Treating an individual unfavorably in employment decisions solely based on their age.
2. Hostile Work Environment: A work environment that is permeated with discriminatory conduct or harassment that interferes with an individual's ability to perform their job.
3. Constructive Discharge: When an employer's actions or working conditions become so intolerable that an employee is effectively forced to resign.
4. Prima Facie Case: The initial evidence that, if uncontested, is sufficient to prove a particular fact or establish a case.

b) Legal Issues and Potential Claims: Based on the facts of the case, the following legal issues and potential claims may arise:

1. Age Discrimination: John, being 54 years old, may have a claim under the ADEA if his termination is based on his age.
2. Disability Discrimination: John's diabetes qualifies as a disability under the Americans with Disabilities Act (ADA), and if his termination is due to his diabetes-related absences or difficulties, he may have a claim for disability discrimination.
3. Hostile Work Environment: If Supervisor Mark has created a hostile work environment based on John's age or disability, John may have a claim for hostile work environment.

c) Application to Elements of Law/Theories of Law: To establish a claim under the ADEA, John would need to show:

• He is a member of the protected class (individuals aged 40 or older).
• He suffered an adverse employment action (termination).
• There is a nexus between his age and the termination (evidence that age was a determining factor).

To establish a claim under the ADA for disability discrimination, John would need to demonstrate:

• He has a disability (diabetes).
• He is qualified to perform the essential functions of his job, with or without reasonable accommodations.
• He suffered an adverse employment action based on his disability.

For a hostile work environment claim, John would need to establish:

• The conduct in the workplace was discriminatory, based on his age or disability.
• The conduct was severe or pervasive enough to create a hostile or abusive work environment.
• The employer knew or should have known about the hostile work environment and failed to take appropriate action.

d) Case Reference: One relevant case that can be cited is Smith v. City of Jackson, 544 U.S. 228 (2005). In this case, the Supreme Court clarified that an ADEA plaintiff can establish a prima facie case of discrimination by showing that age was a motivating factor in the employer's adverse employment action, even if it was not the sole factor.

e) Action Item Agenda to Prevent Future Liability:

1. Anti-Discrimination Policies: Implement comprehensive anti-discrimination policies that explicitly prohibit age and disability discrimination, ensuring employees are aware of their rights and the company's commitment to equal treatment.
2. Training Programs: Conduct regular training sessions for supervisors and employees on age and disability discrimination laws, including recognizing and preventing discriminatory behavior, accommodating disabilities, and creating a respectful work environment.
3. Accommodation Procedures: Establish clear procedures for employees to request reasonable accommodations for disabilities, ensuring prompt and fair consideration of accommodation requests.
4. Monitoring and Reporting: Implement systems to monitor employee complaints, investigate any reports of discrimination or harassment promptly, and take appropriate corrective actions when necessary.
5. Review Employment Practices: Regularly review employment practices, such as performance evaluations and discipline procedures, to ensure they are fair and not discriminatory based on age or disability.
6. Consult Legal Counsel: Seek advice from legal professionals knowledgeable in employment law to review policies, practices, and procedures to ensure compliance with federal and state laws, including the ADEA and ADA.

Note: The above action item agenda is a general recommendation, and specific measures should be tailored to the company's size, industry, and legal requirements. Consulting with legal counsel is crucial for a comprehensive assessment of the organization's specific needs.