Employment Law-Qualifying Physical Disabilities

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In Contemporary Employment Law, Case Problem 9.5, titled Qualifying Physical Disabilities, requires us to look at the case, Milton v. Scrivner, Inc., 53 F. 3d 1118 (10th Cir. 1995). This case involves two employees who claim that they were wrongfully terminated and should be protected under the Americans with Disabilities Act. In this paper, I will briefly give a background of the case, Milton v. Scrivner, Inc., 53 F. 3d 1118 (10th Cir. 1995), discuss the ADA and disability discrimination, and review the ADA analysis that the federal district court should undertake and whether the workers are entitled to protection under the ADA in the case presented. (Fields & Cheeseman, 2013, p. 329) Milton v. Scrivner, Inc. The case of Milton v. Scrivner, Inc., 53 F. 3d 1118 (10th Cir. 1995) is an appeal to the district court ruling in which Scrivner received a summary judgement to allegations of disability discrimination by wrongful termination. The plaintiffs in the case are Charlie Milton and Gary Massey. Scrivner is a grocery warehouse located in the state of Oklahoma. Both Milton and Massey worked in the warehouse as grocery selectors for Scrivner. Their job duties included lifting and handling of warehouse items. In 1992, Scrivner implemented new performance standards in order to speed up productivity. Both employees claimed that they were not able to fulfill these requirements as a result of previous work related injuries. Scrivner terminated Milton and Massey because they were unable to meet the time standards required. Both Milton and Massey filed suit with the court claiming that they were wrongfully terminated because of their disabilities. They also The plaintiff’s allegations consisted of “a federal claim for violation of the ADA, a state claim for wrongful termination under Oklahoma law, and various state and federal claims flowing from the unlawful
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