Cerebral palsy limits Elis use of his legs, but with support, he can get on and off

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Cerebral palsy limits Eli’s use of his legs, but with support, he can get on and off a stool. Eli applied for a cashier position at Mars Market. The job description required “no experience or qualification.” Eli’s application was rejected.

According to Ravenna, the market’s human resources manager, her decision was based on the threat that Eli posed to his own safety and the safety of others. Eli claimed that Mars Market refused to hire him because of his disability.

Can Eli prove his disability-discrimination claim? Yes.

Eli needs to show that he (1) has a ______________, (2)

is otherwise ______________ for the job, and (3) was excluded solely because of his ______________. If Eli could perform the job’s essential functions with ______________ accommodation, Mars Market would have to make that accommodation. Eli can show that he has cerebral palsy and that he is qualified for the job, which requires “no experience or qualification.” For Eli, reasonable accommodation might include a wheelchair, a stool with armrests, or a hand scanner. Additionally, it is unlikely that Mars Market could explain how Eli poses a safety threat to himself and others in the store.

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Business Law Text And Exercises

ISBN: 9780357717417

10th Edition

Authors: Roger LeRoy Miller, William E. Hollowell

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