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Velma Sue Bates v Dura Automotive Systems

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Please read the Velma Sue Bates v. Dura Automotive Systems, Inc. case in the attached files. Once you have read and reviewed the case scenario, respond to the following questions:

1. Do you agree with the court's decision?
2. Is termination of non-disabled employees permissible when they have a prescription for the medication for with they tested positive?
3. Is there an ethical resolution to this case?

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Solution Summary

This response analyzes the court's decision in the Velma Sue Bates v. Dura Automotive Systems, Inc. case.

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The reasoning for the decision is accurate, in my opinion, because the Americans with Disabilities Act specifically included in the subsection (b)(6) that the Act would only afford individuals with disabilities the autonomy to be protected from discrimination in regard to qualification standards and other tests predicated upon screening out disabled individuals. Therefore, when reading the statute in a straightforward interpretation, the only conclusion that can be reached is that "qualified individual(s) with disabilities without any mention or inclusion for a broader class of individuals such as "employees. Therefore, as precedent on this issue has already ruled in the Fifth Circuit's holding that individuals who are not disabled cannot ...

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Raushaun Rigsby, MSc
Education
  • Associates of Arts , Lone Star Community College
  • Bachelor of Science , Sam Houston State University
  • Masters of Science, Kaplan University
  • Masters of Science , Kaplan University
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