Undue hardship

This is an individual assignment. The class is broken down into five “Groups” each containing
twelve members.

This time, you answer 3 of 5 questions. There is a 1 page minimum per answer…which equates
to an “average” score. As always, if you want a better score…do more than the minimum work
required. I can tell when a student has done the work and when they have waited until the last
minute to throw something together. Don’t be in that latter group.
Groups 1, 2, and 3 Members:
There are a few categories of persons who may be considered to be “disabled” and protected by
the ADA. First, in your own words, identify those categories. Also, tell me which persons are not
protected by the ADA. Then, find a case where an employer disputed that an applicant or employee
was actually “disabled” under the law and describe the dispute (what were the Plaintiff’s and
Defendant’s basic arguments?) as well as the court’s decision and reasoning.
Groups 2, 3, and 4 Members:
A person is not entitled to protection under the ADA unless they are 1) “disabled” and as long as
they are 2) “qualified.” Do some research and describe, in your own words, what it means to be
“qualified.” What are “essential functions” of a job and who decides what is or is not “essential?”
Then, find a case involving the ADA where the central dispute was whether the applicant or
employee was “qualified.” Tell me what each side argued and how the court resolved the dispute.
Groups 3, 4, and 5 Members:
The ADA requires “reasonable accommodations.” First, in your own words, what does this mean?
What must an employer do? Then, imagine you are a hospitality manager in a large hotel. You
have a number of disabled employees. Identify at least four (4) different disabilities your
employees may have and for each disability identify a reasonable accommodation you may
provide. Finally, in your own words, when can you refuse to provide a reasonable accommodation
to an applicant or employee who requests one?Groups 4, 5, and 1 Members:
A hospitality facility may not be required to provide a reasonable accommodation if it would result
in an “undue hardship.” Do some research and find a case where a court ruled that a requested
accommodation was reasonable and did not result in an “undue hardship.” Tell me why the court
ruled in favor of the plaintiff. Then, find a case where a court ruled that an accommodation was
not reasonable because it resulted in an “undue hardship.” Again, tell me why the court ruled in
favor of the defendant. In both instances, I want you to share the most important facts that
“persuaded” the court.
Groups 5, 1, and 2 Members:
An important part of the ADA is an employer’s obligation to engage in the “interactive process.”
Do some research into that term and, in your own words, tell me what it means. Then, find a case
where the central dispute was whether or not a plaintiff or defendant properly engaged in the
“interactive process.” Tell me the major arguments made by each side and tell me how the court
ruled…and why.