Question: Please read Chapter 9 Accommodations and Disability textbook: Employment Law for Human Resource Practice, 7 th Edition, ( 2 0 2 4 ) David J
Please read Chapter Accommodations and Disability textbook: Employment Law for Human Resource Practice, th Edition, David J Walsh. Then please the individual will need to apply the hypothetical facts to the following elements from page of textbook: Employment Law for Human Resource Practice, th Edition, David J Walsh
Plaintiffs who file a lawsuit based on an employer's failure to reasonably accommodate a disability must prove the following elements by a preponderance of the evidence:
They have a disability a physical or mental impairment that substantially limits the performance of one or more major life activities.
They are qualified for the job in question:
Meet all of the neutral, jobrelated requirements for the position.
Are able to perform the essential functions of the job with or without reasonable accommodation.
Are not a direct threat to their own health and safety or that of others.
Their need for accommodation was made known, or should have been known, to the employer.
One or more accommodations exist that are reasonable and that the employer did not provide.
If plaintiffs can establish these criteria were met, their employers will be liable unless they can show that the proposed accommodations although reasonable in general, would pose an undue hardship significant difficulty or expense given the employers resources and operational requirements.
hypothetical facts: Alex was a software developer for ABCCompany, a small tech startup with employees. At the time Alex was fired, ABC was in the process of developing an app that lets shoppers take pictures of highend clothing in Boston boutiques and then ask the app for an inexpensive lookalike item within ten miles of the Boston area. About a month ago, Alex and all of his coworkers stopped working from home. They started working at ABC's headquarters in Boston three days per week instead because they were in the final phase of building the app. This final phase required them to have frequent inperson meetings and access to the numerous boutiques in Boston. Alex, who graduated with honors from FSU with a Bachelor's Degree in Computer Science during the COVID pandemic, had successfully worked from home for ABC for almost four years before the employees started working at the office. Alex noticed that his productivity suffered greatly during the three days he worked at the Boston location. Alex and his coworkers all sat at one long table in their small office right above Faneuil Hall, and the chatter of his coworkers and the activity outside his window made him feel extremely distracted, unsettled, and stressed. This loss in productivity prompted Alex to get an evaluation done, and he was diagnosed with ADHD by a respected psychiatrist. Alex was happy to have a diagnosis but dreaded asking his boss, Elon Musk, to accommodate his disability, even though he was a star performer at the office. The day after receiving his diagnosis, Alex showed Musk his boss his medical records and told him that he still wanted to come into the office three days per week, but that he wanted the company to purchase a oneperson cubicle for him to sit in at the corner of the office. Alex showed Musk his boss an advertisement from Staples that showed single cubicles on sale for $ The cubicle would fit in the corner and cut down all audio and visual distractions substantially since it went from floor to ceiling and was made of soundproof materials. Alex said he would only use the cubicle for occasions when he was not meeting with his coworkers. Musk his boss immediately terminated Alex and would not say why, except that, "I don't need a reason to fire an atwill employee with no contract and no union. I can just fire you for no reason."
Now the individual needs to answer the following questions: A If Alex wanted to file a lawsuit against his employer, do the facts support the elements of his claim? B Why or why not? Please try to analyze each element, and also please see the elements for an employer's failure to reasonably accommodate a disability above
Please read Chapter of textbook: Employment Law for Human Resource Practice, th Edition, David J Walsh and try to answer the questions below:
Please answer the question: The obligation of employers to reasonably accommodate disability arises under two similar laws: the and the Rehabilitation Act. please choose the correct option AD
A Fair Housing Act
B Americans with Disabilities Act
C National Labor Relations Board
D Age Discrimination in Employment Act
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