Ethics in Diversity Cases Analysis

This week's assigned reading presents 22 cases of workplace diversity and ethics issues. The task is to analyze four specific cases: EEOC v Sears Roebuck (disability accommodation), Fitness Chain Kid's Club v Tot Disability (autism disability or safety), Football Referee (visual disability), and Creed v Family Express (transgender discrimination). For each case, consider the ethical implications, how McNett would categorize it in terms of ethics theory, and investigate the resolution or current status.

There are 22 cases presented in this week's assigned reading, Allard's "Ethics and Diversity Cases: Legal
Applications in the Workplace." Pick 4 out of the 22 cases and analyze them based on the three
questions shown below.
The following list includes each question you will need to answer:
For each case or situation, consider the ethical implications from your perspective. What do you
personally think should be the outcome or resolution?
How would McNett characterize each situation in terms of the ethics involved? Use the three categories of
ethical theory found in Exhibit 5-1 of the "Ethics of Workplace Diversity" article.
Investigate the resolution or current status of each case or situation. What was the rationale? Why was
this outcome reached?
The four cases are:
1.) EEOC v Sears Roebuck
Diversity Issue: Disability Accommodation
A former Sears service technician was injured on the job resulting in a permanent disability. Even though
he asked many times to return to work, Sears did not provide accommodations and fired him when his
disability leave expired.
U.S. Equal Employment Opportunity Commission. (2009, September 29). Sears Roebuck to Pay $6.2
Million for Disability Bias. February 26, 2013, from http://www.eeoc.gov. Retrieved September 23, 2012.
Or, search: EEOC vs Sears Roebuck disability accommodation
2.) Fitness Chain Kid’s Club v Tot Disability
Diversity Issue: Tot Autism Disability or Safety?
A three-year-old was playing with toys in front of a slide in the Kid’s Club section of a fitness club.
When a staff member asked him to move away from in front of the slide, he refused. Informed by his
parents that the tot was autistic, the staff member told them that had the staff known the child was
autistic, he would not have been allowed to play in the Kid’s Club.
Maciel, K. & Schwartz, J. (2012, July 2). Fitness Club Responds to ADA Claim from Child with Special
Needs with Updated Policies and Procedures. Epstein Becker Green. In Hospitality Labor and
Employment Law blog. Retrieved February 23, 2013,
from http://www.hospitalitylaboremploymentlawblog.com
3.) Football Referee
Diversity Issue: Visual Disability
When Big Ten football official James Filson lost an eye, he informed the head of the Big Ten Officiating
and was told to continue working. He officiated games for six years including two Orange Bowl games
until the Commissioner of the Big Ten learned about his vision. He was then terminated. He sued for
violation of the Americans with Disabilities Act.

Berkow, I. (2006, October 8). One-eyed Referee Flags the Big Ten Over Firing. In New York Times.
Retrieved February 22, 2013, from http://www.newyorktimes.com
4.) Creed v Family Express
Diversity Issue: Transgender Discrimination
Christopher applied for a job as a male presenting a masculine appearance, although he had already
begun a gender change transition. After employment, he continued with the transition, changing to
feminine attire with nail polish, mascara, eyebrow trimming, longer hair and finally using the name Amber.
She/he continued to wear the company mandated unisex uniform of polo shirt and slacks. After more than
50 customer complaints, the employer demanded that Amber come to work dressed as a man and finally
fired her/him. She alleged gender discrimination.
Leonard, A. (2009, January). Retail Employer Can Fire Transgender Employee for Violating “Dress
Code.†Leonard Link. New York Law School. Retrieved February 22, 2013,
from http://newyorklawschool.typepad.com