Read the brief summary of the EEOC Case Link below … write a one to two pages Bullet Style Review of what would you think as an Administrator/Employer of a case like these including 3 or 4 of the following Key HR issues:
1 Legal issue(s)
2 Ethical concerns
3 Financial Issues raised
4 Safety concerns
5 Precedence setting issues.
6 Any other employee issues that may arise (e.g. morale).
Some of the articles do not provide detailed information to make clear decisions (e.g. what was the psychiatric disability?) so you may have to make some assumptions that make sense in your response. Just read these and think through them…no further research is required…but if used supply the link(s). Remember single space, no more than 11 font … “Sometimes Less is More!”
Case summary: A pharmaceutical and medicine manufacturing company, Lonza America LLC, agreed to pay $150,000 to settle this ADA lawsuit in which a 14-year employee, a recovering opioid addict, was terminated after twice testing positive for a legally controlled substance. Lonza later learned the employee was a recovering opioid addict participating in a medication-assisted treatment program with a legal prescription for an opioid medication but forced him into counseling with a clinical psychologist and conditioned his return to work on discontinued use of the legally prescribed medication.
How to solve
GCC Disability Lawsuit Case Study
Introduction:
As an Administrator/Employer, the case of Lonza America LLC settling an ADA lawsuit involving a 14-year employee raises several key HR issues to consider. This bullet-style review will cover legal issues, ethical concerns, financial implications, safety concerns, the setting of precedents, and other employee issues that may arise.
1. Legal issue(s):
The main legal issue in this case is a potential violation of the Americans with Disabilities Act (ADA). The employee, a recovering opioid addict, was terminated after testing positive for a legally controlled substance. The ADA protects individuals with disabilities from discrimination and requires employers to provide reasonable accommodations, including medication-assisted treatment programs, to qualified employees with disabilities.
2. Ethical concerns:
Ethically, Lonza America LLC’s actions may raise concerns. By terminating the employee for testing positive for a legally controlled substance despite being in a medication-assisted treatment program, the company may have failed to provide appropriate support and respect the employee’s rights to equal treatment and access to necessary medication.
3. Financial Issues raised:
Financially, Lonza America LLC’s decision to terminate the employee and settle the ADA lawsuit for $150,000 raises several implications. Firstly, the company incurred legal expenses in defending against the claim. Secondly, the settlement amount poses a financial burden on the organization. Additionally, the loss of an experienced employee may result in costs associated with finding and training a replacement.
4. Safety concerns:
Safety concerns arise in this case. By forcing the employee to discontinue the use of the legally prescribed medication as a condition of returning to work, Lonza America LLC potentially compromised the employee’s well-being. This decision could have affected the employee’s ability to perform their job safely and function at their optimal level.
5. Precedence setting issues:
The settlement of this ADA lawsuit sets a precedent for future cases involving employees in medication-assisted treatment programs. It emphasizes the importance of providing reasonable accommodations to qualified employees with disabilities and refraining from discriminatory actions based on testing positive for a legally controlled substance.
6. Other employee issues that may arise (e.g., morale):
Other employee issues that may arise in this case include the impact on employee morale. The termination of a long-term employee who was seeking treatment for addiction may create concerns among other employees about job security and the company’s stance on supporting employees in similar situations. It may also result in lowered trust and decreased morale among the remaining workforce.
In conclusion, the case of Lonza America LLC settling an ADA lawsuit concerning the termination of a recovering opioid addict employee raises several key HR issues. These include potential violations of the ADA, ethical concerns about treatment and support, financial implications, safety considerations, the establishment of precedents for medication-assisted treatment programs, and potential impacts on employee morale. As an Administrator/Employer, it is vital to prioritize compliance with the law, ethical treatment of employees, and the overall well-being and safety of the workforce.
