business law – Cheap Research Essays

Having resolved the supplement abuse issue in a positive manner about a year ago, Stellar Health’s

manufacturing capacity for Bear Strength health supplements has grown considerably, and Steven

Brice needs to hire additional employees and a couple more factory floor engineers to meet the

demand. He has reviewed almost 100 resumes and interviewed several dozen candidates for the two

engineering positions he needs to fill. The candidate search has been narrowed down to three

individuals who are extremely qualified, motivated, experienced, and ready to join the company: Harry

Gunsmith, Mary Robinson, and Wesley Osbourne.

Steven has scheduled one final interview with each of the three engineering candidates and has been

going over all the paperwork. As Steven goes through the employment application packet for one of

the three candidates, Harry Gunsmith, he discovers that Harry wrote that he has epilepsy in the

medical history disclosure section. Apparently, Harry is able to control his seizures by regularly taking

prescribed medications. In the application, Harry disclosed that in the last five years, he has had only

three instances when he forgot to take his medicine and suffered two mild seizures and one serious

one. Each time, however, neither Harry nor his co-workers in the office had been injured.

The other two candidates, Mary and Wesley are both over 40 years old and definitely qualified for the

engineering positions, but Steven is slightly more impressed with Harry’s excellent qualifications and

friendly personality. Steven concludes that Harry could be his first choice for the position; however,

Steven is admittedly concerned about Harry’s medical condition. The engineering position Harry has

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applied for requires him to spend more than 75% of his time on the factory floor among heavy

manufacturing and packaging machinery that runs 24/7. As one of the engineers in charge of

managing, maintaining, and repairing this heavy equipment, Harry would need to spend many hours

each day walking and working very closely next to these machines; one wrong step or a small slip

has the potential of causing serious or severe injury to that individual and anyone else nearby. Given

Harry’s epilepsy condition, the likelihood of an attack, and the potential injury resulting from such an

event, Steven is beginning to have second thoughts about hiring Harry.

However, Steven is familiar with the Americans with Disabilities Act (ADA) passed in 1990 and is

worried that Harry would have a potential discrimination case against Stellar Health if he does not get

the job, especially since he is one of the top three candidates for the two positions. Steven is also

torn, since he thinks that Harry may be ok by taking his medication but is worried that OSHA rules

may be violated and other innocent employees injured on the job if Harry has an attack.

Please respond to the following questions (3 total) with a substantive analysis, relying on specific

references from the readings in our textbooks (Class-6 and Class-7) and clearly identifying the

concepts which you used to help support your arguments and analysis. Clearly label (1, 2, 3) and

answer each question individually. Follow all the guidelines and requirements for this assignment

provided in the Syllabus and emphasized by the instructor multiple times in class.

1) What legal and ethical issues (identify at least 2 legal and 2 ethical issues) do you see?

Explain.

2) What happens if Harry is hired and his epilepsy attack causes the serious injury or death of

another employee or Harry himself?

3) How should Steven handle this situation to address the various legal and ethical and insure

the company makes the best decision for the long-term?

From Syllabus:

Case Study Analyses/Papers

ï¿¼ï¿¼ï¿¼ï¿¼Two (2) different case studies will be assigned and/or handed out in class (the week prior) for your review and analysis. The cases will contain fact patterns and issues that you will be required to critically analyze and discuss based on the readings assigned in class and your own insights. Each case will have a specific set of questions that you will need to answer in light of the class subject matter, course concepts, and material covered in the textbook readings. The completed case study assignment is due at beginning of the class when it is due and a printed copy of the analysis must be provided to the instructor.

Each complete written Case Analysis paper should be approximately 3-4 full pages in length (exclusive of the Cover and APA References pages). Please do not exceed the 4 full pages of analysis maximum by more than half a page (4.5 pages max) for each case.

The Cases are designed to help you think critically about the legal and ethical issues raised, apply course concepts, and use focused reading references (APA format for in-text citations with page numbers) from the readings for the weeks indicated (see each Case description) to support your analysis and help you solidify your understanding and mastery of the subject matter.