MAIN ISSUE: Was there a valid dismissal?

OTHER ISSUES:
1. Is concealment of AIDS a ground for dismissal?
2. Can an employer legally dismiss a worker who has AIDS?
3. Can an employer dismiss an employee based on the latter’s sexual
orientation?
ANSWERS:
1. NO. Such is not a ground. Concealment of health conditions per se is not a
valid ground for dismissal. However, if such condition contravenes the best
interest of the firm, then Andrew should have informed his employers as a
responsible employee. In his case, Andrew Beckett did not consider his illness
as a hindrance to his work performance so he made the personal and the
legal choice to keep the fact of his illness to himself.

2. NO. AIDS alone will not be a valid ground for dismissal. At that time, in the
1990s, AIDS was a relatively unknown disease. It was only known that it was
associated with homosexuality and that it was deadly. Given the
circumstances, not many knew about how AIDS was spread, hence it seemed
prudent and even justifiable to stay away from the “source”. However, this
does not justify the dismissal of Andrew given his competence and his brilliant
performance in the firm. The only time an employer may dismiss someone is
when they become too ill to do their job.
Under The Federal Vocational Rehabilitation Act, In the 1987 Supreme Court
decision concerning the case Nassau County, Florida v. Airline, it was ruled
that employees that were infected with contagious diseases, such as
tuberculosis, are considered disabled individuals and are therefore subject to
the acts coverage. So long as the person is still qualified to do the job,
employers are required to make reasonable accommodations to allow the
disabled to continue working. Individuals with AIDS are also considered
disabled and are covered under the act. Recent public interest in AIDS has
presented organizational management with the challenge of how to address
work-related concerns about AIDS.
Although the ruling did not address the specific issue of HIV and AIDS
discrimination. Subsequent decisions have held that AIDS is protected as a
handicap under law, not only because of the physical limitations it imposes
but because the prejudice surrounding AIDS exacts a social death which
precedes the actual physical one.
3. NO. The employer cannot dismiss an employee due to the latter’s sexual
orientation. Sexual orientation does not in any way interfere with one’s work
performance.
THEORY: The dismissal of Andrew Beckett was not valid.
Beckett was seen to be an extremely competent lawyer. Self-assured and
meticulous, he had defended numerous clients with great success, and also
befriended the firm’s management, including Wheeler himself. Things came
undone when lesions on his face (which can only be caused by AIDS) had become
apparent to all. Beckett was subsequently fired on grounds of incompetence due
to an alleged incident. Generally, if the employer feels that the employee’s
conduct could affect the company adversely, control measures may be
acceptable. However, lifestyle and sexual orientation are merely personal choices
and to have them as grounds for an employee’s dismissal would infringe one’s
personal freedom.