What Is the Major Judicial Scenario in the ADA

Question

Examlex · Accepted Answer

The Answer is Gutman et al 2010 stated that the most common claim made by plaintiffs is a failure to reasonably accommodate In such an instance, the plaintiff must prove they are disabled and qualified, as defined by the ADA Likewise, the plaintiff will have to make a facial showing that the requested accommodation would actually enable them to perform the essential job functions As a result, employers have several defensesThere are two statutory defenses, direct threat ie, the impairment endangers the plaintiff or others in the workplace and undue hardship ie, the requested accommodation imposes undue organizational difficulty or financial expense; usually used as a last-resort defenseThere are four common defenses in addition to the statutory defenses The first is that the plaintiff is not disabled within the bounds of the ADA Second is that a requested accommodation is unreasonable as a matter of law Third is that the plaintiff did not flexibly interact with the employer in order to attempt to discover a reasonable accommodation A final defense is that the plaintiff cannot perform one of the essential job functions even with accommodations ie, insurmountable barrier Under the McDonnell-Burdine scenario, the employer would have to show that the adverse employment decision was not causally connected to the disability

What Is the Major Judicial Scenario in the ADA

Essay

Correct Answer:
Verified

What Is the Major Judicial Scenario in the ADA

Essay

Correct Answer:VerifiedShow Answer

Correct Answer:
Verified