Ms.Smith should be able to return to work after meeting with herphysician doctor on November 15. This is because she had been toldearly by her therapist doctor that by the end of November she wouldbe able to resume her duties at General Motors as head of HumanResource. Considering the rules and regulations provided under theFamily and Medical leave act her job was safe. The act states thatcertain employees are provided with a leave of up to twelve weekswhich are unpaid. During this time their jobs are well protected andthey are on health benefits each year. This rule applies to allprivate and public schools (Francisetal.150).
Companieswith more than fifty employees should comply with this law. Mrs.Smith is well protected under this act because of the accident inwhich she was involved. The rule under the constitution provides thatshe should take medical leave because she was unable to carry out herduties because of the traumatic injury of the brain which she got.
Despitethe bank which she was working for discharged her, there were rulesin the constitution protecting her job. Because Gomez, the woman whowas undertaking most of her duties while she was in hospital wasgoing for a maternity leave on October 30, Ms. Joan should bedeployed to undertake her former tasks. This should be done despiteGM informing her that if she would be replaced by another person ifshe was not able to resume by October 17, 2015.
Ms.Smith should be protected against being dismissed by the bank. Thisis because she had worked for the bank for five years before she gotan accident with a motorcycle which caused traumatic injury to herbrain. The work she was doing at General Motors was good. She used toanswer questions from her fellow employees about leave and healthcare, monitoring absenteeism and investigating misconduct among theemployees (Brault131)
Underthe Act of , Ms. Smith has her rights ofthe job being protected. The rule under the act states that thereshould be no discrimination of people with disabilities intransportation, employment, and public accommodation. From theevidence provided in the constitution, Smith’s job should be safe. After she finishes the appointment she was given by her doctor onNovember 15, she should be reinstated to her working office as humanresource. Training and employment administration also provideprograms that enhance the possibility of employment of people withdisabilities (Francisetal.105). Section 53 of the rehabilitation Act of the Department of laborrequires that contracts to be given out by the government in theexcess of ten thousand dollars, there should be qualified employeesalongside those with disability. Since General Motors is a governmentagency, Ms. Smith should not be discarded off her duties. The primaryfunctions of enforcing employment-related provisions of ADA areenacted by EEOC which are under Title 1.
Consideringthat General Motors will not be having anybody in human resourcesector after Gomez starts her leave, they should employ somebody on atemporary basis. This will give Ms. Smith humble time for recovery.
Ona social perspective, terminating the employment of Smith would beagainst her rights provided in the constitution. It was not by thewill of Ms. Joan to get an accident which deteriorated her jobprogress. She should be given an encouraging treatment which wouldhelp her recovery from brain trauma she was undergoing (DeLeire693).
Brault,Matthew W. "Americans with disabilities: 2010." Currentpopulation reports7 (2012): 0-131.
Francis,Leslie, and Anita Silvers, eds. Americanswith disabilities.Routledge, 2015: 50-150
DeLeire,Thomas. "The wage and employment effects of the Americans withDisabilities Act." Journalof Human Resources(2000): 693-715.