Moreau's Dilemma Case Study Matt's Case Study

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"An employer may not ask questions about an applicant's medical condition or require an applicant to have a medical examination before it makes a conditional job offer" (Questions and answers about cancer in the workplace, 2011, ADA).

The proposed position may be potentially stressful, but Armitage has dealt with stressful situations before. Of course, given the commute and her life challenges, she may not choose to accept the position. In that case, she should continue in her current position. However, no one else should make the decision for Sally. It should lie in her hands. And discriminating against her because of her status as a mother or a cancer survivor could land the company in legal 'hot water.'

Memo

To: Matt Moreau

From: Mr. X

Date: October 27, 2011

Subject: Sally Armitage

After much due deliberation, I have decided to extend an offer of employment to Sally Armitage for the position of new customer service manager. Although this requires the company to overlook the fact that Armitage does not possess a college degree, Armitage has a proven track record in occupations requiring her to understand the needs of the public.

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This is the most critical aspect of the customer service manager position.

Armitage has also demonstrated the ability to rapidly increase the profits of failing stores and to establish new venues. She clearly understands the Bantings brand, knows how to grow it, and also can work efficiently with the resources that have been given to her.

I would suggest that you offer the position to Armitage, and see if she desires it. Although the position will require a long commute, Armitage has never shirked from any of her previous duties, and shown a keen willingness to succeed and rise within the company.

Regarding the matters you discussed, once again I must restate: to discriminate against an employee based upon membership a 'protected' category, according to federal civil rights anti-discrimination legislation and the Americans with Disability Act (ADA), is not acceptable behavior for this company, nor warranted, so long as reasonable accommodations can be made.

Sincerely,.....

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