There are a few categories of persons who may be considered to be “disabled” and protected by the ADA. First, in your own words, identify those categories. Also, tell me which persons are not protected by the ADA. Then, find a case where an employer disputed that an applicant or employee was actually “disabled” under the law and describe the dispute (what were the Plaintiff’s and Defendant’s basic arguments?) as well as the court’s decision and reasoning.
A person is not entitled to protection under the ADA unless they are 1) “disabled” and as long as they are 2) “qualified.” Do some research and describe, in your own words, what it means to be “qualified.” What are “essential functions” of a job and who decides what is or is not “essential?” Then, find a case involving the ADA where the central dispute was whether the applicant or employee was “qualified.” Tell me what each side argued and how the court resolved the dispute.
The ADA requires “reasonable accommodations.” First, in your own words, what does this mean? What must an employer do? Then, imagine you are a hospitality manager in a large hotel. You have a number of disabled employees. Identify at least four (4) different disabilities your employees may have and for each disability identify a reasonable accommodation you may provide. Finally, in your own words, when can you refuse to provide a reasonable accommodation to an applicant or employee who requests one?
Sample Solution
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