one- eye disability  | | The company refused to employ a probationary employee to driver position because he’s monocular (one-eyed) and no longer qualified under the employer's vision set of rules. The probationary employee sued claiming that the employer violated the Disabilities Act since the possibility of hiring him as regular employee was already out of the question. According to the Court, for a monocular individual to show that his or her impairment is a disability, the impairment must prevent or severely restrict use of his or her eyesight compared with how unimpaired individuals normally use their eyesight in daily life. The Court stated that the individual was not substantially limited because they could drive, read, use tools, and play sports. The employee claimed that the employer regarded all monocular individuals as being disabled. The Court disagreed and stated that, although the employer's vision protocol screens out all monocular individuals, that does not necessarily mean that the employer regarded them as disabled. The Court further noted that there is nothing improperly discriminatory about a protocol that qualifies individuals for safe driving of particular vehicles on the basis of a condition that is perceived to be limiting to their ability to see, but not substantially limiting. The employer appealed and suggested to pay all casualties and offer some sort of rewards in exchange of employee’s regularization process. Also, the employer maintained that employee’s status are merely probationary and thus, providing them the privilege to retain such kind of employees. The employee was not amenable to such conditions. He insisted to have a regular position in driving since looking for another job would be much difficult for him.
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| noel01 (1) | 4 years ago | What could be done to resolve this issue? A resolution as to reconcile both parties. I am not doing research on EEOC. just need help to study this case. thanks!
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sedel1027 (12399) | 4 years ago | I think this would have to be resolved in house between the employee and the employer or have the employee find another job. I think the ideal sitatuon would to be placing the employee in a aposition that both employee and employer would be happy with. Honestly, I am sure his employer took him off of his original position more for insurance reasons than anything else and with him being on probation the employer can release him from his job duties at anytime regardless of reason. Why does this employee have to be a driver?
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| | 2. QnAQueen (556) | 4 years ago | one of the things that was not mentioned here is that part of the ADA, the company should have made the effort to provide for special accommodations so that the employee would be able to perform his tasks in the proper and safer way (not the exact terms, obviously). did the case come to a conclusion? if it did, how did the court fianlly rule, or did the (former) employee pursue it further to get a regular job?
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| noel01 (1) | 4 years ago | Perhaps, the question here is how the employee and employer would resolve the issue. how would they come out with a good agreement?
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QnAQueen (556) | 4 years ago | are you asking me to answer your question about a possible resolution between the employer and employee?
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| noel01 (1) | 4 years ago | yes. just want to know some of your kind insights. thanks!
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