Steve Murphy Is the Human Resources Manager at Duncan's Tires

question 27

Multiple Choice

Steve Murphy is the Human Resources Manager at Duncan's Tires. He has heard a rumor that Arthur Bailey has HIV-AIDS. Arthur is employed as a mechanic and his job duties include putting on new tires and changing the oil in a routine car service. Steve called Arthur into his office and informed him that he would have to take an HIV test. Arthur told Steve there was no need for the test, that he was HIV positive. Steve told Arthur that he hated to do it, but he was going to have to terminate his employment, effective immediately.

• A) Arthur is an employee-at-will and has no cause of action for wrongful discharge.
• B) Arthur's termination is justified because he did not inform Steve that he was HIV positive.
• C) Arthur's termination is a violation of the Americans with Disabilities Act because his HIV status did not affect his performance on the job.
• D) Arthur's termination is not a violation of the Americans with Disabilities Act because he did not inform his employer as required by the Act.

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Definitions:

Majority Opinion

The judicial opinion agreed to by more than half of the members of a court, setting out the decision of the court.

Dissenting Opinions

Written opinions by judges who disagree with the majority decision in a court case.

Concurring Opinions

Judicial opinions that agree with the overall conclusion of the majority in a court ruling but may differ on reasoning or legal principles.

Binding Legal Principle

A legal rule or doctrine that must be followed by lower courts, or as part of a contract, must be adhered to by the parties involved.