Question: 1 Core a social services worker had difficulty breathing at

1. Core, a social services worker, had difficulty breathing at work when she was exposed to the perfume Japanese Cherry Blossom, worn by coworkers; on one occasion, she sought emergency medical treatment. Core’s coworkers allegedly mocked her condition on their Facebook pages. Her employer rejected several of her accommodation requests, including a proposed fragrance-free workplace policy. The employer sent an e-mail message to employees asking that they not enter into Core’s cubicle but to communicate with her instead by telephone and e-mail only, and asked Core to hold office discussions in better ventilated areas. After exhausting her FMLA leave entitlements (see Chapter 12), Core was placed on inactive pay status. The employer offered to permit Core to return to work and make such accommodations as instructing staff to refrain from wearing Japanese Cherry Blossom, and allowing her to take breaks to get fresh air. Core rejected these offers and was effectively terminated. Core brought an ADA claim against her former employer. Decide. Explain. Core v. Champaign County Bd. of Commrs, 2012 U.S. Dist. LEXIS 149120 (S. D. Ohio 2012).
2. Foley was terminated from his job as a financial advisor with Morgan Stanley after he removed and took away the central processing unit (CPU)—including the hard drive—from his office computer without authorization, and was not truthful about his actions for several days after doing so. Morgan Stanley’s employment policies and procedures forbid the removal of its “trade secrets,” defined as including computer software or hardware used in computers or word processors. Foley admitted he was terminated because of his misconduct but argued that his actions in taking the computer and being untruthful were caused by a manic episode of bipolar disorder. Therefore, in bringing an ADA claim against Morgan Stanley, Foley argued that the resulting termination was “because of” his disability. Decide. Explain.

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