AIDS in the Workplace: A Case Assessment Sample Essay

Background:

Carla Lombard is a magnetic proprietor of Better Bagels. a successful seven-year-old beigel concatenation. Recently Frances. the ex-wife of Tom Walters-an outstanding employee at Better Bagels. came to Carla and told her that Tom had AIDS. so left. Carla felt that she would non be justified to discourse Tom’s wellness with him. However. worried by the possibility that Tom’s unwellness might impact the solvency of her concern by conveying inauspicious promotion if intelligence of his unwellness spread. she has been contemplating firing him ; a fleet turnaround from her old programs of advancing him to director. The instance concludes inquiring if Carla should get down be aftering for any reverberations if Tom’s wellness begins to worsen.

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Legal Aspect:

When it comes to non holding a written AIDS policy for the concern. Carla is non entirely. In 1988. merely a mere 10 % of all companies had such a policy. ( Brown & A ; Turner 1989. 39 ) . In 1987. many U. S. concerns met to discourse quandaries similar to Carla’s at a acme titled. “AIDS: Corporate America Responds” ; the participants reached a consensus that they should handle AIDS with the same regard and processs as they would any other black unwellness. that they abstain from proving employees for the virus. and garbage to reassign colleagues whom refuse to work aboard AIDS infected workers ( Brown & A ; Turner 1989. 40 ) . The acme did state that more instruction about the virus was required.

The summit’s decisions were wise. since three old ages subsequently the transition of the 1990 American with Disabilities Act ( ADA ) made it illegal to inquire current employees if they have HIV or AIDS. to prove them for the virus ; or to retreat a occupation offer from an employee due to infection ( hivpositive. com ) . Yet favoritism can be justified if the effects of non know aparting are “bad enough” ( Johnson 1988. 49 ) . If the company can turn out the employee to be “a direct menace to wellness or safety” . that the ground for denying the applier was “job-related and consistent with concern necessity” . and “no sensible adjustment was available”…and “such an adjustment would do an undue hardship” to the following house. than attachment to the ADA jurisprudence is invalidated ( hivpositive. com ) .

Carla must lawfully adhere to the 1990 ADA legislative act. every bit good as fabricate a eventuality program refering Tom’s alleged AIDS in the workplace. In add-on. one time a individual infected with HIV develops AIDS. the organic structure becomes susceptible to an infinite figure of infections. which can merely be temporarily delayed in the short term by utilizing antibiotics. yet in the long term there is no feasible bar from the onslaught of infections ( Begun et al. 1998. 17 ) . If Tom in fact had AIDS. non its precursor HIV. so he would likely hold demonstrated some marks of infection. In drumhead. ‘hearsay” from Tom’s ex-wife is non a believable beginning of legal grounds that Carla could utilize to alter her occupational processs.

Ethical Aspect:

The above instance contains many ethical issues. which concern the fundamental good being of Tom. the safety of Carla’s clients. and the well being of the employees whom are employed by Better Bagels. I will turn to the moralss and deductions of Carla’s determinations and future programs refering Tom’s cardinal good being.

In my sentiment. I believe it is morally indefensible and unethical for Carla to fire Tom due to his alleged AIDS infection. To fire person due to a disablement is non merely illegal. yet uncompassionate. and displays a abuse and maltreatment of human resources. every bit good as unprofessional direction. This belief is rationalized utilizing Confucian Ethical motives. which is comprised of seven cardinal constructs. .

Initially utilizing Confucian moralss to measure Carla’s desire to fire Tom. it is apparent that such a determination would non take into consideration the wellbeing of her employee. and would conversely harm Tom by striping off. among other things. his support. assurance and self-respect. Second. as proprietor of Better Bagels. Carla has a duty to society and the economic system to pattern just labour criterions and insure that employees and clients likewise are treated equitably. which she must continue. Any divergence from these moral norms would non be baronial. Third. both Carla and her concern as members of a civilised society. must follow with all applicable Torahs. which in this instance means adhering to the 1990 ADA legislative act. all civil rights and constitutional Torahs. while besides transcending what society deems moral. Fourth. that rank in society reinforces the place that Carla and her beigel concatenation must be compassionate and non-discriminatory to all members of society. particularly its stakeholders. such as its employees and clients. regardless of their physical disablements.

Though Carla must go on to believe for herself and justice whether society is a just and civil barometer of morality. Fifth. if after rating and analysis. Carla finds that on a micro graduated table society and in a macro graduated table humanity. has in fact established morally justifiable norms. than obeisance must be accomplished. Sixth. Carla should believe of Tom’s place. and how her immediate determinations will impact him emotionally and physically. In the instance. Carla did show this ability. when she rationalized non discoursing Tom’s wellness with him because she did non believe that she would appreciate an employer irrupting into her wellness. She should utilize this diligence once more when sing whether or non to fire Tom in an effort to preemptively save her concern from any ( chiefly perceived ) possible fiscal hurt. Finally. Carla should measure any determinations refering Tom upon who her devotedness to her household. For case. Carla would probably forbear from firing a member of her ain household. if that household member were suspected of being infected with AIDS. no less devotedness should be displayed refering to Tom.

I suggest that Carla continue to adhere to all moral norms. every bit good as continue to measure her probationary determinations utilizing her scruples. After so making. I hope that Carla would non fire Tom. nor unwrap any personal information about him to anyone. Carla should invent a eventuality program for covering with a future “AIDS in the workplace” happening. she should besides increase AIDS consciousness in a non-discriminatory manner by supplying instruction refering HIV and AIDS transmission. the dangers of the disease. proactive and station active safeguards. and other wellness consciousness issues. ( 1. 045 words )

Plants Cited

Johnson. Elizabeth P. 1998. Acquired immune deficiency syndrome: Myths. Facts & A ; Ethical motives. Elmsford. New York: Pergamon Pres. Inc.

Brown. Kathleen C. & A ; Turner. Joan G. 1989. AIDS: Policies and Programs for the Workplace. New York. New York: Van Nostrand Reinhold.

Begun. Abbey M. et Al. 1998. AIDS. Wylie: Information Plus.

Electronic Beginnings

School of Industrial and Labor Relations. Cornell University ; Middle atlantic ADA Information Center. Working Efficaciously With Persons Who Are HIV Positive

Uniform resource locator: hypertext transfer protocol: //www. hivpositive. com/f-HIVyou/LaborAIDS/aids. hypertext markup language

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