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Introduction
The case enlightens the conflict between the management and employee due to the management’s decision of demoting the employee on the basis of doctor’s advice. The conflicted resulted in the company lawsuit on the basis discrimination against the employee’s previous mental state.
Answer # 01
The advice of medical expert is more required to be highly considered than the general physician because physicians assess the patient’s condition in a generalized manner. However, medical expert assesses the patient’s condition in a systematic and relevant manner due to their relevancy and expertise in the specific field.
Answer # 02
The charge of discrimination is considered irrelevant because the management has decided to demote the employee on the basis of the extension evaluation of the employee by the physician. In this manner, the decision of employee’s demotion for a specific period of time is entirely based on the medical opinion. However, Donald’s lawyer is opting to ensure that the company offers him the actual position in the company and hence, the charge of discrimination is incorporated to plead for the case in an effective manner.
Answer # 03
According to my judgement, it is necessary to incorporate the medical opinion of the medical expert by means of ensuring that both the parties, employee and management, agree to the opinion of the medical expert. Afterwards, the opinion of the medical expert will be used to decide the prevailing job position of the employee and it will be ensured that the duration of the new job position will be in accordance with the medical opinion. In case of employee’s full recovery, the employee will be restored to his former position as indicated by the medical expert.
Answer # 04
The case addresses the real life situation and intrigues the reader to incorporate the critical thinking skills to determine the extent to which the employee is eligible to be restored to his former position. The case also provides the practical exposure to the possible lawsuits that the company can face under such situations and directs the reader to determine the possible solutions for the situation.
