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SSDI AND THE ADA
MEDICAL AND MILITARY LEAVES
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Case Questions
15.1, Cook v. State of Rhode Island Department of MHRH, p. 557
1. (Q.) Are extremely overweight individuals protected under the Rehabilitation Act from
discrimination based on their morbid obesity?
2. (Q.) Can a person be considered as having a disability and thus be eligible for the
losing weight?
(A.) It is not necessary that a condition (disability) be involuntary or immutable to be
simply an issue of willpower, but a complex disorder of energy metabolism.
3. (Q.)
(A.) Judge Selya was correct in his concluding remarks. Indeed the quality of a per
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15.2, School Board of Nassau County, Florida v. Arline, p. 559
1. (Q.) Why did the school board terminate Arline?
(A.) The school board terminated Arline because of the threat that her relapses of
2. (Q.) When a person with a record of physical impairment is also contagious, is that person
removed from coverage under Section 504?
(A.) A person with a record of impairment who is also contagious is not removed from
3. (Q.) Did Congress seek to prevent discrimination against handicapped individuals based on
the fear and mythology of contagiousness when it enacted Section 504?
(A.) Yes. Congress sought to prevent just this type of injury to individuals. The Act is
:
Under some circumstances some persons may have contagious diseases that are a
serious threat to others. Such would be developed in the individualized findings above.
That person may not meet the otherwise qualified test. Thus a teacher with active,
contagious tuberculosis would not meet the otherwise qualified test, and the school
board would not have to place such an individual in an elementary school classroom.
4. (Q.) Did the Court find that Arline was otherwise qualified?
15.3, Horgan v. Simmons, p. 569
1.
definition
2. isability under the third
prong of the definition of disability-
(A.) Yes. An individual meets the requirement of being regarded as having such an
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15.4, U.S. Airways, Inc. v. Barnett, p. 571
1. (Q.)
assign a disabled employee to a particular position even though another employee is
(A.) The Court decided that ordinarily the ADA does not require an employer to assign a
2. (Q.) Explain the special circumstances exception. Who has the burden of proof to show
special circumstances?
(A.) An employee who has requested an accommodation that conflicts with a seniority
system must bear the burden of showing the special circumstances that make exception
15.5, Huber v. Wal-Mart Stores Inc., p. 572
1. (Q.) Pam Huber sustained a permanent injury while working for Wal-Mart and could no
longer perform her order filler job. The parties agree that she was qualified for the
vacant router position possessing the required skill, education, experience and training.
eve the quoted reassignment language means something more
than allowing her to compete equally with all other candidates for this vacant position?
(A.) The question basically is the 10th Circuit Court of Appeals rationale for the ruling that
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2. –
.
(A.) Huber was injured WORKING FOR WAL-MART. They transferred her away from her
:
Wal-Mart settled this case with Pam Huber. If the Supreme Court decided in favor of
Wal-Mart, it certainly would not have enhanced Wal-
If it lost the case, it would be Court certification that Wal-Mart is not a reasonable
employer.
3.
15.6, Halliman v. Los Angeles Unified School District, p. 578
1. (Q.) State the issue before the court.
(A.)
2. (Q.) Why did the Hallimans bring an action for damages in a court of law when Halliman
(A.) W
3. (Q.)
safe work-place, may the employee sue the employer for damages in a court of law?
(A.) No, at le
4. (Q.)
–
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15.7, Quaker Oats v. Ciha, p. 579
1. (Q.) Assess the extent of the accommodations the employer made to allow Ciha to be able to
return to work.
(A.)
2. (Q.) Since Bradley Ciha suffered no loss of earnings, how can he be considered 80 percent
permanent partial disabled?
(A.)
3. (Q.)
crutches
(A.) The answer of the commissioner and the state Supreme Court is yes. Quaker Oats
15.8, Gacioch v. Stroh Brewery Co., p. 582
1. (Q.) Can ordinary diseases of life be compensable as an occupational injury or disease under
(A.) Yes. Where unique circumstances of employment in a brewery shaped the course of the
2. (Q.) –
believe that
occupational disease?
(A.) Students may argue this both ways. The employer in this case vigorously objected to
ws are
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15.9, Drew v. Waffle House Inc., p. 587
1. (Q.)
(A.) The liquidated damages award is affected by whether front pay is classified as
2. (Q.) Calculate the proper amount of damages owed Ms. Drew.
(A.) Drew is entitled to $136,030 in back pay and prejudgment interest, an equal amount of
3. (Q.) t pay to Ms. Drew rather than
(A.) It seems absurd to pay an individual $304,846 in front pay when all of this liability
15.10, Serricchio v. Wachovia Securities, LLC p.592
1. (Q.) Did Wachovia offer Serricchio reemployment at terms comparable to the terms of his
employment before going on military leave?
(A.) No. Wachovia did not offer reemployment at comparable terms to the terms of his
2. (Q.) Did the court determine that Wachovia acted willfully and thus was responsible for
liquidated damages or double back pay?
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Chapter 15 Disability Discrimination Laws
Chapter Questions and Problems, p. 593
1. (Q.) Are individuals who are perceived as having handicaps, but in fact either have
recovered from the disability or are not handicapped, covered by the Rehabilitation Act
or the ADA?
(A.) Yes. The definition of a handicapped person set forth in Section 504 of the
under the acts.
2. (Q.) Are all workers with occupational injuries protected by the ADA?
3. [Handicap discrimination, Section 15.2.] The state regulation does not prevent an action from
being brought under the Rehabilitation Act, which is a federal statute. The Supremacy
Clause of the U.S. Constitution, Article IV, Section 2, requires that the federal law displace
the state law when the two conflict.
4. [Handicap discrimination, Section 15.2.] The court must first consider whether Heron is a
handicapped person within the meaning of the Act [Section 126]. Section 504 excludes from
coverage any individual whose current drug abuse prevents the performance of the duties
of the job or whose employment constitutes a threat to the property or safety of others. A
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Auth :
It must be stressed that the exclusion illustrated in this case applies only to current drug
use. Past drug addiction may be considered a handicap within the meaning of the Act. See,
for example, Davis v. Cubher, 17 FEP 918 (E.D. Pa. 1978).
5. [FMLA leave Section 15.6.] Judgment for Lahey Clinic. The court found that the religious
activity
6. the ADA, light duty, Section 15.4.] No. The employer has not
violated the ADA. The EEOC has recognized that an employer may have a special or moral
obligation to create light duty assignments for employees with injuries suffered in company
7. [Reasonable accommodation under the ADA, Section 15.3.] The Court of Appeals for the Fourth
for job restructuring alleviating stress and exemption from normal performance reviews
8. [Alcoholics under the Rehabilitation Act and the ADA, Section 15.2.] Alcoholics are within the
protection of both the Rehabilitation Act and the ADA. It would be a violation of both acts if
the AD terminated an assistant coach simply because the university found out that he was
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termination solely by reason of protected disability, which is improper employer conduct
under the disability acts.
9. lusive remedy rule, Section 15.4.] Wal-Mart is correct that the
death occurred due to the inability of the
10. [Discrimination against persons with disabilities, Section 15.1.] Judgment for Overton to the
extent that Overton was entitled to a trial to prove that he could perform the essential
Students may be asked to suggest a reasonable accommodation that would allow
Overton to continue to work. For example, Overton could be allowed to take short naps as
needed in a secluded area where such napping would not demoralize the public and fellow
workers. Employers may have difficulty accepting the propriety of this type of
accommodation. However, the purpose of the ADA and the Rehabilitation Act is to seek out
reasonable accommodations once it is determined that the employee in question is a
qualified individual.
11. [FMLA application to RIF while on leave, Section 15.6.] If there was a legitimate reduction in
her rights to return to a job that has been eliminated. However, if there was not in fact a
12. [Reasonable accommodation under the ADA, Section 15.3.] The ADA requires an employer to
make reasonable accommodation to the known physical or mental limitations of a qualified
individual with a disability. SuperValu is correct that this provision does not require an
employer to provide an accommodation that would violate a bona fide seniority system
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13. [USERRA, protections for reservists, employer defenses, Section 15.7.] The court determined in
favor of Haight that the employer was responsible to understand its USERRA obligation of
returning from military service be