Question

Mary is obese. She weighs 380 pounds, and doesn't mind being this way. Because of her weight, her knees are shot, and she needs to walk with a cane or a walker. She's been diagnosed with diabetes, and needs an insulin pump at all times. Her diabetes has effected her eyesight, and she can't read a computer screen unless it's an extra large/ultra high resolution screen. Even with all this help, Mary is till having a tough time with her work. She's unpleasant, bossy, demanding, super-sensitive, and just seems to barely keep her head above water.

Tom sees all the assistance Mary gets from their boss. She gets a closer parking spot. She gets to keep food and drinks at her desk that other employees aren't allowed to have, because she claims it's necessary to maintain her blood sugar. She's frequently late for work, often blaming it on the extra time it takes her to drive since she has to be extra slow and careful because of her eyesight. Tom suffers from depression. Some days he can't even get out of bed. But he does't walk around telling everyone about his condition, and does't want anyone at work to know. But it's making his depression worse to see how well Mary gets treated, while he's on discipline for chronic lateness and failure to get his daily work done.

but let's say that Mary's condition has gotten even worse, and she just can't get to the office every day, although she's able to perform all the essential elements of her job from home, if she just had all the necessary equipment. She asks HR to allow her to work from home, which would require the company paying for an internet connection, plus the cost of her work station and equipment at her home location. Mary's work peers have always believed they could work from home, and want the company to let everyone do it. Mary's manager is concerned that this could be a bad precedent, and cause major disruption in the office.

Assume that the company lets Mary work from home. Tom is so angry and depressed about the special treatment given to Mary, that he puts his hand through the plate glass window in the office. He's rushed to the hospital, and receives 60 stitches.

1. Does Tom have a claim under the ADA? Explain.

2. What other workplace program might apply to pay for Tom's medical expenses? Explain.

Answer 1

No, TOM does not have Prima facie case for disability discrimination because In order to have case under ADA, Tom needs to inform employer about his disability. In this case, Tom has depression which he did not inform to his boss. Not informing Boss means no record of disability and Boss would not be able to provide reasonable accommodation to Tom.

If Tom informed about this to his boss and ask for accommodation and boss deny that accommodation then there would be prima facia case.

Mary has to prove three elements for Prima facie case of disability discrimination that First Mary has defined history of disability or she is disabled person under the meaning of ADA. second she is qualified for the position and able to perform its essential functions, with or without a reasonable accommodation. third she was discriminated or faced negative job action from side of employer.

In this case, we find that Mary has diabities which is covered under ADA and diabities affect her eyesight. She also obese which limit her ability to walk. so she is covered under ADA. Her boss provide all accommodation so that she can do her job well like food and drinks at her desk, closer parking spot, allow late for work etc.

If she is fired just based on the fact that boss is tired of her attitude and neediness then it shows that boss is not providing accommodation to her anymore. in this case, failures to provide reasonable accommodation to disable person violate ADA act.

A program like employee accident insurance could have worked for Tom in this case.

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