Essay Title: 

Human Resources

April 2, 2016 | Author: | Posted in hr management, mathematics and economics

Case Study : You be the Judge : Was the Discharge Legal

Johnson has a viable claim of disability discrimination as Johnson did have a diagnosed dis and as such did have this documented through a letter from his personal physician . The human resources department should have conceded to the request to be removed from the current situation and reassigned . The reason for his missing a meeting should have been discussed with his manager in a private session as his manager may not have been aware of his mental condition . In my opinion he does [banner_entry_middle]

br have the claim of retaliatory discharge as his manager clearly did not support any medical reasons for Johnson ‘s inability to attend the meeting . When Johnson ‘s manager did meet with the human resources department , they should have made his manager aware of his mental state and diagnosed condition . The company did violate equal opportunity legislation and falls under the restricted policy definition . As stated on page 24 , restricted policy , as applicable to this case , where disparate treatment involve instances of purposeful discrimination and in for Johnson to win his case , he must prove that the employer ‘s actions intended to discriminate (24 ) which is clearly the case here where the human resources department was aware of his clinically diagnosed disease which was backed up by his physician ‘s letter of diagnosis

The Civil Rights Act of 1991 amended Title VII of the Civil Rights Act of 1964 where damages are awarded to victims of intentional discrimination or unlawful harassment on the basis of sex , religion national origin , and disability (14 ) and punitive damages are awarded if it can be shown that the employer engaged in discrimination with malice or reckless indifference to the law (14 . Moreover Johnson could also seek compensatory damages that would include payment for future money losses , emotional pain , suffering , mental anguish and other nonmonetary losses (14

The fact that Johnson refused to discuss his personal reasons for missing the meeting should not affect this case , as he may not have wanted to discuss the reasons if this meeting were to take place in an open forum in front of other employees . The manager should have asked to speak to Johnson in a private setting in to find out why he missed the meeting

Johnson was only insubordinate in requesting that his manager meet with him to discuss his reasons for not attending the meeting . Johnson could have had a stronger case if he had actually met with his new manager and documented the meeting should it have not been favourable

I believe the court would have ruled in favour of the plaintiff (Johnson . This decision could have been reached through the application of Johnson having his civil rights violated by both the manager and the human resources department , who are meant to uphold the rights of employees . It would have been plausible for the courts to award both punitive and compensatory damages based on the violation of his civil rights… [banner_entry_footer]

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