The optimal and most reasonable outcome for this case is to have Ms. Pearson to agree to accept her reassignment to work the second shift without having her file a claim against CMC for an unfounded violation of the ADA. She also needs to understand and agree that, although her medical condition is uncomfortable for her, it does not meet the criteria set within the ADA for being a physical or mental impairment that substantially limits one or more of her major life activities. Otherwise, without understanding and agreeing she may harbor animosity against CMC in the future for not providing her with the accommodation. It is also important for Ms. Pearson to understand that her reassignment was not a random decision and that she was not the only employee affected. Her prior first shift job was eliminated when the wing of the facility where she worked was closed and all prior positions in that wing no longer exist. Other employees may have been laid-off as a result of the wing closure because there were not enough positions available to reassign everyone, but this information was not given. The reassignments were made according to CMC’s hospital policy and past practice, so the hospital views her reassignment as fair and justifiable. There are several pieces of relevant information and assumptions associated with Ms. Pearson’s case that are questionable. It appears that Ms. Pearson is able to and can perform the duties required by her job as she has demonstrated that ability in the past while working on the first shift. By insisting that she needs to stay on that shift she is acknowledging that she believes that she can still perform the job duties. The issue that Ms. Pearson has with her job duties is that she claims that she can only perform the duties during specific hours of the day. Another area of concern about this matter is assumptions that surround the medical slip that Ms. Pearson presented. She brought in a medical slip that indicated that she suffered from colitis (an intestinal disorder), tiredness, nausea, and diarrhea. These conditions are uncomfortable, but they are not a disability. In general, many people experience tiredness, nausea, and diarrhea, but are still able to work on all shifts around the clock. As for colitis, there is no logical reason why it would be more debilitating on one shift compared to another. It would seem that this disorder would nag at someone diagnosed with it on a 24/7 basis. It is also not clear who provided her with the medical slip. Did the slip come from a certified medical facility or a licensed medical doctor? This information wasn’t available. Also, did the slip have any information about a recommended, needed, or prescribed accommodation at her job? It would seem that …show more content…
Settling on one that satisfies the needs for both CMC and Ms. Pearson would be best. It may be possible for Ms. Pearson to continue working on the first shift if someone currently assigned to that shift is willing to move to the second shift. This solution would be a win-win for both parties. Another possible solution is that Ms. Pearson could be transferred to another area in the hospital that has an opening on the day shift for someone with her skill levels. Other solutions may not be as favorable, especially for Ms. Pearson. They include giving her the choice of accepting the reassignment and submitting a request to the HR department to be moved back to the first shift as soon as there is a position available, or she can resign. The final solution is to give Ms. Pearson no choice in the matter and insist that she accept the reassignment or be fired when she doesn’t show up for work at her scheduled