Question

Allison has Parkinson's disease. the disease significantly hinders her physical movements. She is applying for a marketing manager position at HexCorp. She is highly qualified, but Hex chooses not to hire her for fear that her disease will hinder her ability to adequately perform the job duties.

If Allison seeks to sue HexCorp, what facts about Allison's medical diagnosis, the position, and HexCorp will the court examine to determine if there has been discrimination prohibited by the ADA?

Answer 1

Title I of the ADA protects qualified individuals with disabilities from employment discrimination. Under the ADA, a Court will examine to determine if there has been discrimination prohibited by the ADA as follows?

About Allison's medical diagonosis:

He will regarded as disable if he has a physical or mental impairment that substantially limits a major life activity. The ADA also protects individuals who have a record of a substantially limiting impairment, and people who are regarded as having a substantially limiting impairment.

To be protected under the ADA, an individual must have, have a record of, or be regarded as having a substantial, as opposed to a minor, impairment. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, learning or working.

An individual with a disability must also be qualified to perform the essential functions of the job with or without reasonable accommodation, in order to be protected by the ADA. This means that the applicant or employee must satisfy your job requirements for educational background, employment experience, skills, licenses, and any other qualification standards that are job related; and
be able to perform those tasks that are essential to the job, with or without reasonable accommodation..

About Hexcorp as Employer:

Employers covered by the ADA have to make sure that people with disabilities have an equal opportunity to apply for jobs and to work in jobs for which they are qualified have an equal opportunity to be promoted have equal access to benefits and privileges of employment that are offered to other employees and
are not harassed because of their disability.
Further, an employer is also required to provide a reasonable accommodation if a person with a disability needs one in order to apply for a job, perform a job, or enjoy benefits equal to those offered to other employees. An employer does not have to provide any accommodation that would pose an undue hardship.

What is a reasonable accommodation?

Reasonable accommodations are adjustments or modifications provided by an employer to enable people with disabilities to enjoy equal employment opportunities.

Accommodations vary depending upon the needs of the individual applicant or employee. Not all people with disabilities (or even all people who have the same disability) will require the same accommodation. Reasonable accommodations may, under some circumstances, include purchasing equipment or modifying existing equipment making changes to facilities or work areas shifting responsibilities to other employees for minor tasks adjusting arrival or departure times, providing periodic breaks, or altering when certain tasks are performed
allowing the employee to telework or work remotely for part or all of the job and/or allowing an employee to use accrued paid leave, and providing additional unpaid leave once an employee has exhausted all available leave.