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Unformatted text preview: 1 Chapter 9 Disability Discrimination Copyright 1999 by David J. Shallenberger Opening Scenarios 1. The Morris Foundation, a private, non-profit institution that raises money and awards grants for the purpose of preventing and treating eye diseases, recently advertised for an individual to head its public affairs department. Jan Torrence, who has no disability, applied for the job, as did Dean Berry, a paraplegic who uses a wheelchair. The two are approximately equally qualified in terms of their education and experience. Both can perform every job requirement of the job. Morris, however, rejected both individuals, stating that the Foundation's preference was to continue searching for a qualified applicant who has an eye disease. a. Does Jan Torrence have a claim of illegal discrimination? b. Does Dean Berry have a claim of illegal discrimination? 2. Duke Nugent, founder of the upstart Amboy Corporation, has noticed that on a number of occasions, employees have returned from lunch on Fridays with the odor of alcohol on their breaths. It has raised some concern with him, though Nugent has not noticed any drop off in productivity or other problems associated with alcohol use. In fact, Nugent himself has found it useful to have a couple of drinks with clients over lunch from time to time. Nevertheless, in an effort to avoid future problems, he instituted a no alcohol policy during working hours for all his employees. One month later, while lunching at an out-of-the-way restaurant, Nugent noticed Ann Turner and Izzy Bullock, his entire finance team, each having a beer with their meal. Nugent is not sure what to do. Although his new policy calls for terminating both employees, he fears it would be too detrimental to his company to unload two very valuable workers at a crucial time in the corporation's young life. Remembering that his insurance carrier had informed him that Bullock entered into an employee assistance program for treatment of alcohol abuse, Nugent figures that Bullock has already received some form of a warning, and decides to fire him and retain Turner. a. If Nugent terminates Bullock, has Amboy violated the Americans With Disabilities Act? b. If Nugent terminates both Turner and Bullock, has the ADA been violated? 3. John Beverley and Sid Lydon were friends who worked together as employees at Chelseas Kitchen Shop. Mark McLaren, the stores manager, learned through friends that Beverley had previously been institutionalized. When confronted, Beverely admitted that he spent time in a hospital five years previous while being treated for paranoia, but that he was no longer on medication and was considered cured. McLaren himself began to fear working with Beverley, particularly in an environment with so many knives. McLaren fired Beverley. Lydon, after complaining to McLaren about his friends firing, was also terminated....
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