Assignment task: Ernesto is a 62 year old Hispanic male (non-exempt employee) whose job is a telecommunications/tech repair specialist. He is one of thirty employees of Radix Corp. His duties require him to travel to remote locations to repair computer and other electronic devices located in transmitter stations only accessible by 4 wheel drive vehicles.. These stations are small rectangular metal buildings containing the commutations equipment. He has diabetes and recently filed for workers compensation, claiming that his disease is job related. He recently had to undergo an operation to remove his left leg above the knee. He has been recovering, and his doctor has certified that he can return to work in a limited capacity. The company does not have any available part time positions.
You are the HR director: What employment laws apply? If the company does not have part time employees; must it create a position for Ernesto? What action may the company take concerning Ernesto's disability associated with his full-time position?
If he is unable to perform the essential functions of his position with or without accommodation, what action can the company take? (Assume that the remote locations are difficult to reach and that they cannot accommodate a wheelchair.)