Author(s)

Xie Ziyuan ¹

Affiliation(s)

¹ Lingnan University, Hong Kong, 999077, China

Corresponding Author

Xie Ziyuan

ABSTRACT

This article explores how to ensure equal employment rights for people with disabilities by analyzing the case of Marlo Speth, a female employee with Down syndrome who was fired by company Y. The article first introduces the background of the case, Speth worked in company Y for 16 years due to the company's adjustment of the work schedule and difficult to adapt to frequent late absenteeism, and eventually was fired by the company. Speth then filed a complaint with the United States Equal Employment Opportunity Commission (EEOC), and the court ruled that company Y violated the Americans with Disabilities Act and was required to pay Speth substantial damages. This paper analyzes the main ethical issue of the case is labor discrimination, analyzes the stakeholders of the case, and makes moral reasoning on company Y's behavior from two angles of utilitarianism and rightalism. Finally, the article concludes that what company Y has done violates corporate ethics, and puts forward several suggestions, including improving the employment awareness of the disabled, providing personalized employment support, and establishing a benign employment mechanism for the disabled.

KEYWORDS

Equal employment rights; People with disabilities; Down's syndrome; Labor discrimination

CITE THIS PAPER

Xie Ziyuan, Ensuring Equal Work Rights for Employees with Disabilities: A Case Study of Dismissal of an Employee with Down's Syndrome by Company Y. Social Security and Administration Management (2023) Vol. 4: 105-110. DOI: http://dx.doi.org/10.23977/socsam.2023.040814.

REFERENCES

[1] CNBC. Company Y loses EEOC disability lawsuit that alleged discrimination against a longtime employee with Down syndrome [Z]. (2021). https://www.cnbc.com/2021/07/16/company Y-loses-eeoc-disability-discrimination-lawsuit. htm
[2] Feinberg, J., Narveson, J., & Wellman, C. The nature and value of rights [J]. Value Inquiry, (1970).4, 243.
[3] Greenwood, M. R.  Ethics and HRM: A review and conceptual analysis [J]. Journal of Business Ethics, (2002). 36(3), 261-278.
[4] Happymag. Worker with Down syndrome wins anti-discrimination lawsuit against company Y [Z]. (2021).Retrieved from https://happymag.tv/down-syndrome-company Y/
[5] Hillier, A., Campbell, H., Mastriani, K., Izzo, M. V., Kool-Tucker, A. K., Cherry, L., & Beversdorf, D. Q. (2007). Two-year evaluation of a vocational support program for adults on the autism spectrum [J]. Career Development for Exceptional Individuals, 30(1), 35-47.
[6] Kant, I. Kant: anthropology from a pragmatic point of view[M]. Cambridge University Press. (2006). 
[7] Lyons, L., & Lyons, D.  Forms and limits of utilitarianism[M]. Oxford: Clarendon Press. (1965).
[8] Ohchr.org. Convention on the Rights of Persons with Disabilities[Z]. (2006). Retrieved from https://www. ohchr.org/zh/instruments-mechanisms/instruments/convention-rights-persons-disabilities
[9] Reynolds, S. J., & Ceranic, T. L. (2007). The Effects of Moral Judgment and Moral Identity on Moral Behavior: An Empirical Examination of the Moral Individual[J]. Journal of Applied Psychology, 92(6), 1610–1624.
[10] Reuters, EEOC wins $125 mln jury verdict in company Y disability bias case [Z].(2021). Retrieved from https://www.reuters.com/legal/transactional/eeoc-wins-125-mln-jury-verdict-company Y-disability-bias-case-2021-07-16/ 
[11] Sen, A. (1979). Utilitarianism and welfarism [J]. The journal of Philosophy, 76(9), 463-489.

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