Question
Blake works for Big Box Warehouse, a store which sells items that come in big boxes, including appliances. Blake is a commissioned employee who works
Blake works for Big Box Warehouse, a store which sells items that come in big boxes, including appliances. Blake is a commissioned employee who works in the appliance area of the store and is just learning the trade. Blake is a well-groomed, bright and articulate, and eager employee. Blake has a medical condition which causes visible involuntary facial tics or twitches from time to time. Blake experiences facial tics just a few times during any shift, but they become more frequent and more severe when Blake engages in anything strenuous, like moving big boxes of products, as is sometimes required of employees at Big Box Warehouse. Blake's supervisor is concerned that Blake's condition may turn off customers, and so Blake's supervisor is diverting Blake to answering phones when new customers come to the store. Blake's co-workers, as commissioned employees, rush to meet new customers when they enter the store to shop. After several weeks of being diverted to phones and beaten to new customers, Blake has earned very little in commissions. Blake asks the general manager of Big Box Warehouse to be moved to another shift or another department, sharing the belief that both the supervisors and the co-workers are engaging in discriminatory conduct due to Blake's medical condition. Blake's general manager has counseled the supervisor to treat Blake as any other appliance department employee is treated, but has declined to move Blake to another Department, citing problems with scheduling. Does the American's with Disabilities Act protect Blake in this situation? If so, what protections would Blake be entitled to? Fully explain your position.
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