Class Notes for 9-18 - o Similarly situated Longview •...

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Anna King HA 387 9.18.2007 Class Notes: 9.18.2007 Is a constructive discharge a tangible loss? o What is a constructive discharge? o Tangible loss: company is liable All the employers need is a good policy Did the company exercise reasonable power to prevent and correct? Disability ADA says that there are a lot of people with disabilities that can do the job, but they need some help o Disabled as defined by the ADA (first element of the prima facie case) Definition: physical or mental impairment that substantially limits one or more major life activities or having a record of such, or having a o Must be able to do essential functions of the job with or without reasonable accommodations (second element) o Bad things happen
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Unformatted text preview: o Similarly situated Longview • Company is saying we fired you for dealing or using drugs on property. Employee is saying they fired him for using drugs on property o Is that a disability (drug addiction)? o If you are current user of illegal drugs, you are not protected because it says so o Reformed drug addicts are protected, but current are NOT o When you do rehab on your own, when do you move from being a non-reformed to a reformed drug addict? It’s unclear. o What if a person is sober on their own for 22 years, but did it by himself. And another man just graduated from their rehab program last night. Which is better? Well, there is no Supreme Court ruling on this....
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