Discharge pursuant to the provision of that law

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Reference no: EM13252218

Harry Hulk is employed as a cargo handler by Scarewest Airlines. He permanently injured his back and cannot lift more than five pounds. Consequently, he is unable to work as a cargo handler. Scarewest transferred him to a vacancy in the mail room where he sat and sorted mail. A year later, the positions within the airline came up for bidding, pursuant to the terms of the labor agreement between the airline and the worker’s union. A worker with more seniority than Hulk bid on the mailroom job. Scarewest has no other positions in the company that that Hulk is qualified to perform. Accordingly, Scarewest informed Hulk he will be terminated. Hulk has invoked the provisions of the American’s With Disabilities Act and asserted that he is protected from discharge pursuant to the provision of that law. You are the arbitrator, how will you decide the case and why?

Reference no: EM13252218

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