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    MAIN ISSUE: Was There A Valid Dismissal? Other Issues

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    Angela Louise Sabaoan
    The document discusses whether there were valid grounds for dismissing an employee named Andrew Beckett who had AIDS. It addresses three key issues: 1) Whether concealing AIDS is grounds for dismissal, concluding it is not as long as it does not interfere with work. 2) Whether an employer can dismiss someone for having AIDS, concluding no as long as they can do their job. 3) Whether an employer can dismiss someone for their sexual orientation, concluding no as orientation does not impact work performance. Overall, the dismissal of Andrew Beckett was deemed invalid as he was competent and his condition/orientation did not interfere with his work.

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    MAIN ISSUE: Was There A Valid Dismissal? Other Issues

    Uploaded by

    Angela Louise Sabaoan
    31 views2 pages
    The document discusses whether there were valid grounds for dismissing an employee named Andrew Beckett who had AIDS. It addresses three key issues: 1) Whether concealing AIDS is grounds for dismissal, concluding it is not as long as it does not interfere with work. 2) Whether an employer can dismiss someone for having AIDS, concluding no as long as they can do their job. 3) Whether an employer can dismiss someone for their sexual orientation, concluding no as orientation does not impact work performance. Overall, the dismissal of Andrew Beckett was deemed invalid as he was competent and his condition/orientation did not interfere with his work.

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    LEG FORMS

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    Alvins Angels Theory

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    The document discusses whether there were valid grounds for dismissing an employee named Andrew Beckett who had AIDS. It addresses three key issues: 1) Whether concealing AIDS is grounds for dismissal, concluding it is not as long as it does not interfere with work. 2) Whether an employer can dismiss someone for having AIDS, concluding no as long as they can do their job. 3) Whether an employer can dismiss someone for their sexual orientation, concluding no as orientation does not impact work performance. Overall, the dismissal of Andrew Beckett was deemed invalid as he was competent and his condition/orientation did not interfere with his work.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    31 views2 pages

    MAIN ISSUE: Was There A Valid Dismissal? Other Issues

    Uploaded by

    Angela Louise Sabaoan
    The document discusses whether there were valid grounds for dismissing an employee named Andrew Beckett who had AIDS. It addresses three key issues: 1) Whether concealing AIDS is grounds for dismissal, concluding it is not as long as it does not interfere with work. 2) Whether an employer can dismiss someone for having AIDS, concluding no as long as they can do their job. 3) Whether an employer can dismiss someone for their sexual orientation, concluding no as orientation does not impact work performance. Overall, the dismissal of Andrew Beckett was deemed invalid as he was competent and his condition/orientation did not interfere with his work.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    MAIN ISSUE: Was there a valid dismissal?

    OTHER ISSUES:
    1. Is concealment of AIDS a ground for dismissal?
    2. Can an employer legally dismiss a worker who has AIDS?
    3. Can an employer dismiss an employee based on the latter’s sexual
    orientation?
    ANSWERS:
    1. NO. Such is not a ground. Concealment of health conditions per se is not a
    valid ground for dismissal. However, if such condition contravenes the best
    interest of the firm, then Andrew should have informed his employers as a
    responsible employee. In his case, Andrew Beckett did not consider his illness
    as a hindrance to his work performance so he made the personal and the
    legal choice to keep the fact of his illness to himself.

    2. NO. AIDS alone will not be a valid ground for dismissal. At that time, in the
    1990s, AIDS was a relatively unknown disease. It was only known that it was
    associated with homosexuality and that it was deadly. Given the
    circumstances, not many knew about how AIDS was spread, hence it seemed
    prudent and even justifiable to stay away from the “source”. However, this
    does not justify the dismissal of Andrew given his competence and his brilliant
    performance in the firm. The only time an employer may dismiss someone is
    when they become too ill to do their job.
    Under The Federal Vocational Rehabilitation Act, In the 1987 Supreme Court
    decision concerning the case Nassau County, Florida v. Airline, it was ruled
    that employees that were infected with contagious diseases, such as
    tuberculosis, are considered disabled individuals and are therefore subject to
    the acts coverage. So long as the person is still qualified to do the job,
    employers are required to make reasonable accommodations to allow the
    disabled to continue working. Individuals with AIDS are also considered
    disabled and are covered under the act. Recent public interest in AIDS has
    presented organizational management with the challenge of how to address
    work-related concerns about AIDS.
    Although the ruling did not address the specific issue of HIV and AIDS
    discrimination. Subsequent decisions have held that AIDS is protected as a
    handicap under law, not only because of the physical limitations it imposes
    but because the prejudice surrounding AIDS exacts a social death which
    precedes the actual physical one.
    3. NO. The employer cannot dismiss an employee due to the latter’s sexual
    orientation. Sexual orientation does not in any way interfere with one’s work
    performance.
    THEORY: The dismissal of Andrew Beckett was not valid.
    Beckett was seen to be an extremely competent lawyer. Self-assured and
    meticulous, he had defended numerous clients with great success, and also
    befriended the firm’s management, including Wheeler himself. Things came
    undone when lesions on his face (which can only be caused by AIDS) had become
    apparent to all. Beckett was subsequently fired on grounds of incompetence due
    to an alleged incident. Generally, if the employer feels that the employee’s
    conduct could affect the company adversely, control measures may be
    acceptable. However, lifestyle and sexual orientation are merely personal choices
    and to have them as grounds for an employee’s dismissal would infringe one’s
    personal freedom.

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