21-7,21-8

that there was no work available within her physician's restric- placed him on an unpaid leave of absence, under the mistaken tion. Has Knight violated the Americans with Disabilities Act belief that he could not safely perform the essential functions by failing to provide Horn with the requested accommoda of the job. Wallace filed an action in a California state court tions? Explain. [Horn u Knight Facilities Management-GM, against the county, alleging discrimination based on disability. Inc., 556 Fed. Appx. 452 (6th Cir. 2014)] (See Discrimination Under state law, discriminatory intent is shown by evidence Based on Disability.) that an actual or perceived disability was a "substantial moti- 21-7. Business Case Problem with Sample Answer vating factor or reason for an employer's adverse employment Sexual Harassment. Jamel Blanton was a male employee at action. An employee is not required to show that the action a Pizza Hut restaurant operated by Newton Associates, Inc., in was motivated by animosity or ill will. Could Wallace likely San Antonio, Texas. Blanton was subjected to sexual and racial prove the "substantial motivating factor or reason" element? harassment by the general manager, who was female. New- Explain. [Wallace u County of Stanislaus, 245 Cal. App.4th ton had a clear, straightforward antidiscrimination policy and 109, 199 Cal. Rptr.3d 462 (5 Dist. 2016)] (See Discrimination complaint procedure. The policy provided that in such a situ- Based on Disability.) ation, an employee should complain to the harasser's supervi- A21-9. A Question of Ethics-The IDDR Approach and sot. Blanton alerted a shift leader and an assistant manager Unintentional Discrimination. McLane Company is a about the harassment, but they were subordinate to the gen-supply-chain services company that distributes goods to retailers. eral manager and did not report the harassment to higher-level McLane requires employees with physically demanding jobs to management. When Blanton finally complained to a manager have physical evaluations, both when they start work and when with authority over the general manager, the employer investi- they return after medical leave. After working in a physically gated and fired the general manager within four days. Blanton demanding job for McLane for eight years, Damiana Ochou took filed a suit in a federal district court against Newton, seeking maternity leave. When she returned to work, she failed the physi- to impose liability on the employer for the general manager's cal evaluation and was fired. She filed a discrimination complaint actions. What is Newton's best defense? Discuss. (Blanton a with the Equal Employment Opportunity Commission (EOC). Newton Associates, Inc., 593 Fed. Appx. 389 (5th Cir. 2015) The agency issued a subpoenaan order to appear in court (See Title VII of the Civil Rights Act.) seeking the names and contact information of McLane employees For a sample answer to Problem 21-7. go to Appendix Cat who had been asked to have maluations throughout the compo- the end of this text. nyt national operations. /McLane Co. . Equal Employment 21-8. Discrimination Based on Disability. Dennis Wal- Opportunity Commission, US * 137 S.C. 1159, 197 lace was a deputy sheriff for Stanislaus County, California, L.Ed.2d 500 (2017)) (See Tide VII of the Civil Rights Act.) when he injured his left knee. After surgery, he was subject (a) On what legal ground might Melanc legitimately refuse to limits on prolonged standing, walking, and running. The to comply with the EEOCs subpoena? What practical county assigned him to work as a bailiff. The sergeants who factors could affect the choice nor to comply? Discuss. supervised him rated his performance above average. Less than (b) Using the IDDR approach, consider whether McLane har a year later, without consulting those supervisors, the county an ethical de