18.07.2022 - 06:39

Kay, a person with a disability, is an employee of Midstate Transport Company. When the firm’s elevator is taken out of service, Kay cannot get to her office. Midstate discharges Kay, who then sues th

Question:

Kay, a person with a disability, is an employee of Midstate Transport Company. When the firm’s elevator is taken out of service, Kay cannot get to her office. Midstate discharges Kay, who then sues the firm on the ground of disability-based discrimination. To prevail under the Americans with Disabilities Act, Kay must show that :

A. It would be ‘significantly expensive’ to put the elevator back in service

B. Kay can compete effectively against others with disabilities

C. Midstate refused to make a reasonable accommodation for Kay

D. All of the above

Answers (1)
  • Amanda
    April 9, 2023 в 03:44
    The correct answer is C. Midstate refused to make a reasonable accommodation for Kay. Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to individuals with disabilities to enable them to perform the essential functions of their job, unless it would cause undue hardship on the employer. In this scenario, the elevator being out of service prevented Kay from accessing her office and performing essential job functions. This would qualify as a reasonable accommodation that Midstate should have provided. Therefore, Kay would need to show that Midstate refused to make a reasonable accommodation for her in order to prevail in her disability-based discrimination lawsuit. Option A, It would be 'significantly expensive' to put the elevator back in service, and option B, Kay can compete effectively against others with disabilities, are not relevant to the required showing under the ADA for reasonable accommodations.
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