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An Ethical Dilemma: Should Employers Address Their Employees' Health Conditions?

Question 1: What kind of policy should it create?

What kind of policy should it create? Consider whether it's relevant that Craig is the director of human resources.

Do an ethical analysis of this case by exploring each of the discussion questions above. You may answer the questions in any order with the aim of constructing coherent paragraphs that are well-linked to each other and produce a consistent argument. In exploring you could google "sex addiction a disability in Canada" and research cases in which employees have contested in court dismissals based on use of internet pornography with the defense that they have an addiction and disability. You could consider whether it's relevant what kind of pornography Craig has been accessing (legal or illegal) and discuss briefly your view on the moral status of pornography(some have argued that viewing pornography promotes sexual objectification and degradation of others and that pornography performers can experience coercion). Also, present your view of how a workplace should address the problem of the use of internet pornography.

Carla is the manager of a small restaurant in Canada. One day the ex-wife of her employee and cook Tom Waters comes into her restaurant and tells her privately that Tom discovered recently that he has HIV. She is a bit surprised by this information as Tom seems to be, as usual, upbeat and hard-working. She is unsure what to do with the information and wonders if she should ask Tom about his health and whether he is controlling his HIV with medical treatment. She is also worried that if it is true that Tom has HIV, people might find out and employees might quit and customers might start avoiding her restaurant. She heard that when employees and customers of another restaurant had heard that a cook had HIV they complained to the manager. When the manager refused to fire the cook, a few good employees quit and several customers stopped coming to the restaurant. She wonders if, assuming he has HIV, she should fire him, potentially leaving herself open to a lawsuit of discrimination based on disability, or send him home but leave him on the payroll. As it turns out, Tom doesn't have HIV but multiple sclerosis. So far he has been able to manage his symptoms and hide his condition by making up excuses for occasional absences related to doctor check-ups.

Do an ethical analysis of this case.  

In your analysis, discuss ideals, obligations, consequences and rights that she should consider. For example, would it be wrong for her to talk to Tom about his health, and be a violation of his rights? In your response to this question, research and refer to the legal rights and responsibilities of employees with a health condition/disability in a Canadian context. Also discuss whether Tom, who has MS, a potentially debilitating medical condition, has a moral duty to inform his employer of his condition. If she inquires about his health, would it be wrong for him not to mention having the disease? Here you could research MS and Canadian employment law.

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