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BILINSKY V. AMERICAN AIRLINES 928 F.3d 565 (7th Cir. 2019) American Airlines employed Kimberly Bilinsky for more than two decades. That employment continued without issue
BILINSKY V. AMERICAN AIRLINES 928 F.3d 565 (7th Cir. 2019) American Airlines employed Kimberly Bilinsky for more than two decades. That employment continued without issue after Bilinsky contracted multiple sclerosis ("M5") in the late 1990=. American provided a "Work from Home Arrangement\" ("WFHA"), which permitted Bilinsky to do her job from her home in Chicageo, even though her colleagues operated out of the company headquarters in Dallas. But after 3 2013 merger, American restructured its operations and informally repurposed Bilinsky's department. 5o the company rescinded the arrangement and demanded that Bilinsky relocates to Texas to work face-to-face. Once negotiations collapsed, American terminated Bilinsky. The district court granted summary judgment to American, finding that Bilinsky was no longer qualified for the position in light of the changes in her responsibilities. The appeals court affirmed because Bilinsky's evidence does not counter that assertion. Critical Thinking Questions: 1. What was the legal issue in this case? What did the appeals court decide? 2. What does it mean for an employee to be a "qualified individual\" with a disability? Why does the court conclude that Bilinsky is not a qualified individual with a disability? 3. What is the nature of the job that had been held by Belinsky? What was the evidence that being full-time on-site in Dallas was necessary in order to perform the essential functions of that job? What was the evidence to the contrary? 4, Does the court give too much weight to a manager's (Adler) preference for on-site work, particularly since a written description for Bilinsky's position does not even exist? Why or why not? Besides the different outcomes, how does this decision compare to the Hostettler v. College of Wooster case excerpted earlier in this chapter? 5. When should permitting employees' to work from home be required as an accommedation for disabled employees? Do you think that the majority of jobs can be performed entirely or mostly remotely these days? Why or why not? 6. Do you agree with the court's decision in this case? Why or why not? Your submission should be a minimum of two pages of content in length. Please type the question as well as your answer. Cite any sources utilized in APA format
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