a) Do you agree with the court decision?

I agree with the courts decision in reversing the district courts decision regarding the
permissibility of the claims by the non- disabled and disabled employees as per the
American Disability act. The district courts decision that held that the individual
employee do not need to be disabled to pursue a claim under the section 12112(b) (6)
of the American Disability Act is discriminatory in nature. The law under section 12112 of
the ADA act stipulates that employees who are qualified individuals with disabilities
because of the disability should not be discriminated against in the work place through
subjection to employment tests that are meant to screen out the employees with
disabilities and the eventual dismissal of the employees on the basis of their disabilities.
In the given case scenario, the company should not have implemented the policy that
would prohibit the employees from using drugs that have been prescribed legally
without determining whether the employee performance is impacted by the use of the
prescribed drugs and also whether the usage of the drugs are detrimental to the safety
concerns within the workplace. The decision by the company to also require the
employees to transition to drugs which did not contain the prohibited drugs was not
informed. This is because the Doctors assessment of the employees regarding the
impact of the drug usage on the work performance of the employees was not
considered. The doctors report clearly stated that the usage of the drugs by the
employees would not affect their work place performance and thus the company
decision to terminate the employees who continued to take their medication with the
prohibited substances for the reason of their health concerns was not only subjective
and discriminative but also illegal.
b) Is termination of nondisabled employees permissible when they have a
permission for medication for which they tested positive?
The decision to terminate nondisabled employees who have prescription for the
medication they test positive should not be permitted. This is because the employees
will have the doctors assessment of the impact of the usage of the drugs on their work
performance. If the prescription does not affect the performance of the employee in the
work place, the employees should not be terminated. However, if the doctor determines

that the drug use may affect their work productivity, the company can terminate the
services of the employees.
c) Is there an ethical resolution to this case?
Yes. The situation in this case can be handled in an ethical manner without both parties
getting aggrieved. An acceptable solution can be reached by both parties through
dialogue and negotiation. Through this, the company may be able to give the affected
employees the option of early retirement and pay the benefits accrued from employment
and also compensation for the early retirement.