The district court did not err in granting the new trial in Wright I The court

The district court did not err in granting the new

This preview shows page 1 - 2 out of 3 pages.

law in Wright I. The district court did not err in granting the new trial in Wright I. The court did not err in granting the Department’s motion for judgment as a matter of law in wright II. 2. Why ordering the fitness-for-duty evaluation (FFDE) violate the ADA? Because medical exams of current employees are limited to those that are job-related and consistent with business necessity or are voluntary. An employee’s behavior cannot be merely annoying or inefficient to justify an examination: rather, there must be genuine reason to doubt whether that the employee can perform job-related functions. The Department did not place Ms. Wright on desk duty when she was ordered to undergo a fitness-for-duty evaluation which is the Department common practice. 3. Why does the court reject the plaintiff’s argument that she was forced to quit (“constructively discharged”) because of her unwillingness to submit to the FFDE? If the agency had actually terminated her for refusal, would that change anything? Why or why not? The district court concluded that, Ms. Wright’s conditions of employment at the time she chose to retire voluntarily could not be characterized as intolerable or unbearable. Her departure could not be characterized as a constructive discharge. She simply “decided to unilaterally end the disciplinary process by retiring instead of allowing it to play out to its end. I believe that it would. An employer bears the burden of establishing that an examination is consistent with business necessity and that burden is “quite high.” An employer must “show
Image of page 1

Subscribe to view the full document.

Image of page 2
  • Fall '19
  • Judgment, appeals court, Ms. Wright

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask 0 bonus questions You can ask 0 questions (0 expire soon) You can ask 0 questions (will expire )
Answers in as fast as 15 minutes