disorder and subsequently left ber at the Post Office because working there are ved 19 EXERCISE Understanding the Americans with Disabilities Act the si pen L OBJECTIVES To help you understand the application of the Americans with Disabilities Act (Abw 3. To help you understand the count's interpretation of the ADA. To help you understand the meaning of the term disability." "qualified individual and resonable accommodation 1. OUT-OF-CLASS PREPARATION TIME 45 minutes II. IN-CLASS TIME SUGESTEL 45 minutes IV. PROCEDURES A. Read the exercise and review the Americans with Disabilities Act's definicio "disability qualified individual," and "reasonable accommodation." B. The dass should be divided into groups of four Each group should read each of the case incidents that follow and answer the question What issues) must the court decide in this case? 2. If you were a member of the jury, how would you vote? Did the employer decriminate unlawfully? Why or why not! THE OVERWEIST HOSPITAL ATTENDANT Tey Thomas applied for a position attendant for the mentally retarded in a residential facility aperted by the Mental Health Retardation Hospital (MRI). She had per employment with MSR pod term. When Thomas reapplied for the position previously heil the end 5 fent inches tall and weighed 320 pounds. During her employment physical, it was determine hoogh Thomas was morbidly obes. because of her obesity, daming that her wenight promised her ability to evacuate puncte in the event of an emergency and pe Thomas at peater risk of developing serious ilme that might lead to higher abestiam, well as increasing MRT's exposure to worken compensation de 3. THE ULTIMATUM Tou, who alped to the Walt pain when week leave ofte job. Joan decided to worthy of accommodate 4. THE PAINTING TECHNICIAN Jane Highty was fond suffering from an The physician's initial caused by a tempora mined that the emple fainting. The compar that she was a safety 5. THE GUN SLINGER John Human was following the incide company of his me status. The compar 2. IS ATTENDANCE AT THE WORKPLACE AN ESSENTIAL JOE FUNCTION In 1996 Diane worked in the lidmund Oklahoma Post Office and witnessed the murder of several of her codes She was apped by her doctor with post-traumatka her symptoms. In March 2009, while working as a price coordinator at Avaya Como cam. Dune became aware of an election between two comployees where one of upended from his job Upon bearing of his return to work, Dune became popsally and left work. Het current dater confirmed that she suffered trom post-tramite stress disorder and was able to work in an environment that the perceived to be unsafe. She really placed on short term disability leave. After being on short-term disability for two months Thane requested that her employer either 1) relocate Lunsford. 2) allow her to work out of her home, of 3) allow her to transfer to another position in the Oklahoma City area. After further investigation by the employer, Diane's requested accommodations were denied One year later, her request for long term disability benefits were also denied, and Dlane was subsequently discharged because she was unable to return to work. The company maintained that Diane's job required her to be physically present and that her attendance at the job site was an essential function of het job. While her job description did not specifically state that attendance at the work site was an essential function, the company claimed that her presence was required for the appropriate supervision, training, and teamwork required of all coordinators, and that her requested accommodations were not reasonable 3. THE ULTIMATUM Joan, a warehouse worker, was diagnosed with carpal tunnel syndrome. She was subsequently assigned to reduced duties. However, the duties were later multiplied, increasing her arm and wrist pain. When Joan presented her employer with a doctor's note advising her to take a se week leave of absence, the employer gave her an ultimatum show up for work or lose her Job Joan decided to sue under the ADA, claiming her carpal tunnel syndrome was a disability worthy of accommodation 4. THE FAINTING TECHNICIAN Jane Flighty was fired after she fainted on the job because the company believed she was suffering from an unknown disability. After the fainting episode, she was sent to a physician The physician's initial diagnosis was that Jane suffered from syncope, a loss of consciousness caused by a temporary deficiency of blood supply to the brain. Later, the physican deter mined that the employce was within normal limits and that there was no explanation for the fainting. The company discharged Jane without any further medical examination, concluding that she was a safety risk because she was likely to faint again S. THE GUN SLINGER John Hitman was fired when he was caught carrying a gun into work. He was hospitalized following the incident and was diagnosed with a mental disorder. His attomey informed the company of his mental status and asked that they delay any decision about his employment status. The company fired John for his dear violation of company rules