Case Study: Adoption Applicant C.

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First let me report about situation A in which employee A had a leave of absence for 11 weeks to be at home with his spouse who just gave birth to premature twins. Well, it is shown that he wanted to return to work with the same position and he also had a request for pay while he was on leave. In this situation it is found that he has a right by the Family and Medical Leave Act of 1993 to have a leave of absence from employment for up to 12 weeks each year for situations such as childbirth, adoption, or medical emergencies for himself or his family regardless of sex, that is, this act applies to both men and women; but the down side is that it is only an unpaid leave of absence that he is entitled to. So in this situation A employee A is entitled,…show more content…
And the position Applicant C applied for requires movement about the entire company offices, including using the elevator to access any of the seven floors in the headquarters building. In order for Applicant C to make use of the elevators, the key pads in two of the four elevator cars would have to be lowered four inches to be accessible. Applicant C was denied employment, and was told the denial was because his/her employment would cause undue hardship on Company X. The Americans with Disabilities Act of 1990 prohibits employers from discriminating on the basis of disability. The details of the act state that a disabled person is someone with a physical or mental impairment that substantially limits a major life activity, or someone who is regarded as having such an impairment. This definition includes people with mental illness, visual impairment, epilepsy, dyslexia, and AIDS, or who are recovered drug addicts and alcoholics. This act then goes on to state that an employer may not disqualify an employee or job applicant because of disability as long as he/she can, with reasonable accommodation, perform the essential functions of the job. And it also states that an accommodation is not reasonable if it would create undue hardship for the employer. It is definitely true that Applicant C meets the requirement for being a disabled person as he/she has a physical impairment that substantially limits a major life activity, which is walking in this case, according to the Americans with Disabilities Act. So in this Situation C we need to decide whether lowering the key pads to two elevator cars four inches is not a reasonable accommodation and if it would create undue hardship to Company X. Lowering the key pads four inches to two elevator cars would create some undue hardship to Company X, but true undue hardship depends on how much

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