Poole was diagnosed with Aids. He resigned from his job at Jackson County and transferred to Marion County where he applied for a job. Marion County required Poole to be medically examined. He was denied employment based on the result that he has AIDS even if he presented…
It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications… Persons with HIV disease, both symptomatic and asymptomatic, have physical impairments that substantially limit one or more major life activities and are, therefore, protected by the law. “(1)
A. The act of Marion County in requiring an applicant be medically examined prior to any offer of a job is illegal. In a decided case it was ruled that the “Chicago Board of Educations requirement for any job applicant to provide a complete medical history and to submit to a medical examination is tantamount to requiring HIV status disclosure and is thus violative of the Disabilities Act (ADA), the Rehabilitation Act, and Federal and State constitutional guarantees to privacy and equal protection under the law.”(3) Thus the “Board agreed not require applicants to submit to the medical exam unless they have a conditional offer of employment.” (4)
B. The act of denying Mr. Poole employment on account that he has AIDS. This allegation by Mr. Poole must first be proven. For him to find a basis for his allegation he must be found to possess all of the following:
The ADA prohibits employment discrimination against qualified individuals with disabilities. A "qualified individual with a disability" is a person who meets legitimate skill, experience, education, or other requirements of an employment position he or she holds or seeks, and who can perform the "essential functions" of the position with or without reasonable accommodation. (5)
Essential functions of the job are those core duties that are the reason the job position exists…Requiring the ability to perform "essential" functions assures that an individual with a disability will not be considered unqualified because ...
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“Eassay Analysis (human Resources) Essay Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.net/miscellaneous/393670-eassay-analysis-human-resources.
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