There are a few categories of persons who may be considered to be “disabled” and protected by the ADA.
1. 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.
2. 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.
3. 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.
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