Edwin has been an RN for 7 years and has worked at 2 acute care hospitals on an observation/overnight stay unit. His wife has a new job in Kansas City so they moved. He has applied at Emerald City Hospital for a position working the night shift on a post-operative unit. He completes the application process and does note that he is deaf. He interviews with HR. The interviewer doesnt ask about his deafness or if he requires accommodation. The interviewer summarizes the initial interview, noting Edwin has a slight speech impediment and otherwise recommends him for interview by the nurse manager. The nurse manager interviews Edwin and recommends him for interview by a small group of peers (per this units hiring practice). The small group recommends Edwin, and asks what kind of accommodation is planned for his deafness. The Manager calls HR and tells them she is not interested in hiring. Edwin files a complaint with state and federal officials.

43. True or False Edwins deafness is likely a qualified disability but he is not protected under the ADA because he is not an employee.

Chelsea left the office at 1030 to run some errands and to go to a doctor appointment. She did not clock out, expecting to return within an hour. Her doctor was running late and at 1130, she called and asked her co-worker to clock her out. She returned to her workplace around 1pm. Her manager asked to meet with her and told her staff had been looking for her around 11. Chelsea explained as above. Chelsea was ultimately terminated for leaving without clocking out and for asking someone else to clock out for her. Chelsea learned that the Manager was in trouble because 2 of Chelseas colleagues had left the clinic at 11 to work out in the gym adjoining the clinic. Neither had clocked out; were back to the clinic within an hour. Clinic policy is 3o minute lunch. Because Chelsea and 2 of her co-workers were unavailable at the same time, no one was available to assist the physician in a clinic procedure.

44. Which of the following statements is NOT true?

a. Leaving the workplace without signing out can be considered theft.

b. Chelseas colleagues should also be termed to avoid a gender discrimination charge by Chelsea.

c. Common practice (many of us do this) is a defense against theft.

d. Clocking or signing out for another may be grounds for corrective action.