For this assignment, you will be taking on the role of the HR representative of a company.

FACT SCENARIO:

An employee with epilepsy took physician$-$prescribed barbiturates to control his condition. He was originally assigned to work at the plant as a temp. However, the company had a practice of hiring temps who performed well as permanent employees. The employee was offered the opportunity to apply for permanent employment and did so$.$ The process included a drug test. The employee tested positive due to his medication. An HR representative contacted the employee$$s supervisor and asked him to send the employee to the HR office to meet with the Medical Review Officer $($MRO$).$ Although nothing had been said about the reason for the request, the supervisor correctly surmised that the employee$$s drug test had come back positive. He asked to see the employee$$s prescription. He then had the employee call to speak with the MRO. While the supervisor remained in the office, the employee discussed his condition and prescription drug use with the MRO. The employee was eventually cleared for hiring, but the supervisor refused to do so$.$ He cited attitude and performance problems and an alleged threat made against him$$issues that had not previously been raised$$as the basis for the refusal to hire.

For purposes of Assignment, assume that the person complaining to HR is the employee.

In analyzing the fact scenario, you will need to discuss each of the following points:

$(1)$ What employment laws may apply to this fact scenario? $(10$ points$)$

There are several different laws that apply to this scenario. With his epilepsy, the employee qualifies under the Americans with Disabilities Act.

$(2)$ Did the employer violate any of the applicable employment laws? $(10$ points$)$

$(3)$ What additional facts might be helpful to discovery to make a better determination of the legal issues? $(10$ points$)$

$(4)$ What recommendations and$/$or response would you make in handling the complaining person's issues? $(10$ points$)$

$(5)$ What recommendations would you make to mitigate the the company's risk in the future in these types of situations? $(10$ points$)$

Your submissions should be no less than $250$ words and no more than $500$ words. Please organize your submission by the five questions above. You will not receive full credit if you merely list points and do not analyze the reason those points are applicable. Also, if you take on the role of an "attorney" and state that the employee should sue the employer, then points will be deducted! Remember, you are the HR representative and should look for ways to mitigate risks to the company.

This assignment counts for $10\%$ of your grade in this course. Therefore, please put the appropriate time and effort into it$!$ If I suspect that you used an AI to write this assignment, you will receive a zero and may be reported for violation of the Student Honor Code.

Here is a rubric to guide your responses in the simulations:

Student$($s$)$ identified the correct employment laws applicable to the fact scenario.

Student$($s$)$ provided a concise and clear argument as to whether the applicable employment laws were violated.

Student$($s$)$ clearly identified additional facts that may be relevant to a determination of whether the applicable employment laws were violated.

Student$($s$)$ provided a concise and clear recommendation on a proper response to the complaining employee.

Student$($s$)$ provided a concise and clear recommendation on how to properly mitigate the company's risk in the future in the relevant situation presented in the fact scenario.