After reviewing the materials on the Americans with Disabilities Act & Family & Medical Leave, consider this situation:
Julie Bates had worked at 1st National Bank as a loan officer for 5 years. Her performance evaluations had all been satisfactory but not outstanding.
On June 15, 2014, Bates was involved in a serious car accident, which caused her to have a traumatic brain injury, including lost memory function and outbursts of anger. Bates underwent extensive therapy for 4 months. During that time, Bates was unable to work and was paid for 2 weeks under the bank’s sick day policy, and then she went on unpaid leave. The bank told Bates that she would need a release to return to work to ensure that she was capable of handling the loan officer responsibilities.
On October 12, Bates saw her therapist, who told her that she might be able to return to work by the end of November. Bates then tried to make an appointment with her treating physician, but he was on a cruise until November 1 and had no appointments available until November 15. Bates made an appointment for that date.
On October 17, 2014, the bank notified Bates that if she was unable to return to work at that time, she would be discharged and her position would be filled. The bank had been “making do” with one less loan officer but another officer was going to start maternity leave on October 30 so the bank needed to fill Bates’ position. Bates told the Human Resources Manager that she was not sure when she could return to work but that she did have an appointment on November 15th, at which time she might be released to return to work. The HR manager told her that the bank could not wait any longer. On October 20, Bates received notice that she was discharged.
Take a position on this question: Should Bates have the right to retain her position as a loan officer?
Think about the interests of the bank, Ms. Bates, and society in general. Discuss why Bates should be protected against discharge, or why 1st National Bank should be able to discharge Bates. Use the materials you read regarding the Americans with Disabilities Act and the Family & Medical Leave Act to support your position.
Your paper should be double spaced and in 12 point font. Submit a paper of 2-3 pages to the drop box in D2L no later than 11 pm EDT on June 28, 2015 You will lose 1 point for every hour the paper is late.