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Chapter 6 PowerPoint

Petronelli

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Unformatted text preview: add intentional discrimination, but motion was denied. NCAA Compliance NCAA Compliance Consent Decree Much deference given to educational institutions themselves and to doctors who diagnose someone with learning disability May grant waiver if necessary # of hours necessary to take or pass in order to be eligible to play; less than 12 hours. Clustering Major in field less rigorous Graduation Success Rates Academic Progress Rates Professional Sports Professional Sports Physical Disability PGA Tour v. Martin Klippel­ Treneuneny­Weber syndrome – impairs ability to walk Martin’s use of a golf cart did not fundamentally alter the game of golf. Fundamental Alteration Three Inquires Requested modification is reasonable Necessary for the disabled individual Fundamentally alter the nature of the competition Kuketz v. Petronelli Allowing ball to bounce twice before hit is a fundamental alternation of the standard rules of the game of racquetball; not a reasonable accommodation Professional Sports Professional Sports Substance Abuse Alcoholics and drug addicts are protected under the ADA, provided they are able to perform the essential functions of their job. Violate league’s anti­drug policy or personal conduct policy Arbitrator reinstated NYY pitcher Steve Howe after suspended for life for repeated drug use. Roy Tarpley suspended from NBA for life after failed 3 rd drug test; EEOC allowed to sue because thrown out of NBA as a result of his addiction to drugs and alcohol potential violation of ADA. settled Facilities Title III of ADA “No indivi...
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