¶ … individual with a communicable disease that is a disability is other wise qualified for the job?
Individuals with disease can be judged for qualifications in the same way as any other individual applying for a job. Communicable or infectious diseases are considered to constitute a disability when the disease is impairing to such a degree that it "limits one or more major life activities" (Human Resources UNC). In these cases, individuals with communicable disease should be treated like any other disability. When judging whether a disabled individual is qualified for a job, it must be determined if they can perform the specific job with reasonable accomodations. If a communicable disease does not result in disability, then the individual should be judged as a nondisabled person. Additionally, law generally "permits an employer to fail to hire, transfer, promote, or to discharge a disabled person if the person has a communicable disease which would disqualify a nondisabled person from similar employment." (Human Resources UNC)
So the question becomes, what makes a communicable disease disqualifying? It would first be disqualifying if it prevented the individual from fulfilling the requirements of the job despite accomodations. Secondly, it would be disqualifying if the disease posed a documented danger to other employees or customers. Such a danger could exist if the disease were airborne, or if the employee works in a situation which could infect others such as being in food services. If there is no danger to other persons from the disease, it is not considered disqualifying.
2. Carter was hired as a disc jockey, by Warren, when he was aged 54. Two years later, during economic hard times, Carter is laid off by Warren. Carter brings a claim of age discrimination against Warren. On the basis of these facts alone what is Warren's best defense to Carter's claim? Explain?
The simplest defense would be that Warren was having financial difficulties and that this was the only reason for Carter's claim -- after all, if Warren were prejudiced against older people, he would not have hired a 54-year-old individual, as there is not a significant difference in age between a 54 and 56-year-old disc jockey....
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