Business Law Simulation Exercise for Managers 2 Employment Discrimination John Falstaff v Revere Furniture Company Business Law Simulation Exercise for Managers Employment Discrimination YOU MUST ADVOCATE (DEFEND) either Falstaff or Revere Compose an essay format memorandum that focuses on issue of Revere's potential liability under the ADA and ADAAA Look to the rubric on what issues you are to cover Your memorandum should contain 1) a summary of relevant facts of the dispute 2) an explanation of each legal issue in the analysis with an application of legal rules or doctrines governing the dispute 3) a list of all remedies that your side is entitled to 4) a tenable solution to resolve the dispute in a non judicial forum Your memorandum should articulate arguments that support your side of the case by citing directly from the statute, case points of law and opinion excerpts (use a simple parenthetical citation format with the first name of case and point excerpt number such as Grindle at Point 2 , or Adams at Excerpt b1 or ADAAA Section 2 2 ) You must also use two update sources (published no earlier than 1 1 2018) I suggest using lexology com which stores commentary written by law firms on current cases that pertain to business They must be worked into the paper Wikipedia is not a source Be sure to explain why you cited a particular point Start with your strongest argument and give an analysis as to the likelihood of success of each theory In determining a tenable solution, carefully consider the objectives of each party (e g , For Revere, compliance with the ADA and a productive employee for Falstaff, his former position as a floor manager with reasonable accommodations) The Stipulated Facts are designed to have some facts that favor Falstaff's position and some that cut towards Revere's position Neither side has an advantage You should not only articulate your own arguments, but also to anticipate alternative arguments using the same facts and cases You will need to discuss them as part of a persuasive argument This paper is focused Falstaff's claim that his impairment qualifies for protection under the ADA and not on the issues in the fact pattern that could arise regarding issues that are unrelated such as pretext Students sometimes are confused how to use points and facts in their arguments Students should also be encouraged to factually distinguish any cases that do not support their arguments That is, tell the reader why one case or the other can't be applied because it is factually different from the Falstaff v Revere Furniture Company case Issue Questions to ponder when considering what needs to be covered Disparate treatment under the McDonnell Douglass standard To Falstaff What theory of discrimination are you alleging under the ADA What is the applicable test used in this circuit for an ADA disparate treatment case Prong 1 Why is Revere covered by the ADA Prong 2 Is Falstaff's condition a qualified disability (See below) Prong 3 Assuming that Falstaff meets prong 2, in what way could Revere have performed the job (what accommodations could Revere have possibly made Prong 4 Isn't there a record of poor performance that led to the discharge Isn't that the actual reason why he was terminated To Revere Assuming that the McDonnell Douglass prongs are met What is your legitimate and non discriminatory reason for the termination Could you have accommodated Falstaff by providing breaks and having another employee designated to lift heavy items Qualified disability To Falstaff The 14 th circuit court has specifically held that obesity is not a qualified disability Why is this case different In what way does the Adams case support your position In what way does the impairment substantially limit a major life activity To Revere Doesn't the ADAAA cover Falstaff's disability because his obesity interferes with the life activity described in the Act How does the fact that Falstaff's obesity may be related to an actual injury (lower back sprain) impact Revere's liability under the ADA Regarded as test To Falstaff If it is determined that you are not covered as disabled under the Act, do you have an alternative theory for coverage To Revere Isn't there some indication in the Stipulated Facts that Revere supervisors believed that Falstaff could not perform his job tasks even with accommodation Ither ways to look at the analysis Theory of discrimination What theory of discrimination under the ADA is Falstaff alleging McDonnell Douglass test What is necessary to make out an ADA claim under McDonnell Douglass Does Falstaff meet all four prongs of the test Qualified disability Under the current case law in the 14 th circuit, is Falstaff's condition a qualified disability How does the Adams case support Falstaff's claims How is the Adams case different from Falstaff's How does the fact that Falstaff's obesity may be related to his lower back injury impact your analysis In what way does Falstaff's disability interfere with the life activity requirements as described in the ADA ADAAA How does the passage of the ADAAA impact Revere's liability under the ADA for Falstaff's disability What parts of the statute are applicable to the Falstaff v Revere matter Reasonable accommodations Did Revere take steps to accommodate Falstaff If not, what accommodations would be reasonable Regarded as test Is there some indication in the Stipulated Facts that Revere supervisors believed that Falstaff could not perform his job tasks even with accommodation How does the ADAAA impact the regarded as analysis

The Answer is in the image, click to view ...

Answered step by step

Verified Expert Solution

Link Copied!

Question

1 Approved Answer

Posted on Jun 23, 2024

Business Law Simulation Exercise for Managers #2: Employment Discrimination John Falstaff v. Revere Furniture Company Business Law Simulation Exercise for Managers: Employment Discrimination YOU MUST

Business Law Simulation Exercise for Managers #2: Employment Discrimination

John Falstaff v. Revere Furniture Company Business Law Simulation Exercise for Managers: Employment Discrimination

YOU MUST ADVOCATE (DEFEND) either Falstaff or Revere..
Compose an essay format memorandum that focuses on issue of Revere's potential liability under the ADA and ADAAA. Look to the rubric on what issues you are to cover. Your memorandum should contain:

1) a summary of relevant facts of the dispute;

2) an explanation of each legal issue in the analysis with an application of legal rules or doctrines governing the dispute;

3) a list of all remedies that your side is entitled to;

4) a tenable solution to resolve the dispute in a non-judicial forum.

Your memorandum should articulate arguments that support your side of the case by citing directly from the statute, case points of law and opinion excerpts (use a simple parenthetical citation format with the first name of case and point/excerpt number such as Grindleat Point 2, or Adamsat Excerpt b1 or ADAAA Section 2-2).

You must also use two update sources (published no earlier than 1-1-2018). I suggest using lexology.com which stores commentary written by law firms on current cases that pertain to business. They must be worked into the paper. Wikipedia is not a source.
Be sure to explain why you cited a particular point. Start with your strongest argument and give an analysis as to the likelihood of success of each theory.
In determining a tenable solution, carefully consider the objectives of each party (e.g., For Revere, compliance with the ADA and a productive employee; for Falstaff, his former position as a floor manager with reasonable accommodations).

The Stipulated Facts are designed to have some facts that favor Falstaff's position and some that cut towards Revere's position. Neither side has an advantage. You should not only articulate your own arguments, but also to anticipate alternative arguments using the same facts and cases. You will need to discuss them as part of a persuasive argument.

This paper is focused Falstaff's claim that his impairment qualifies for protection under the ADA and not on the issues in the fact pattern that could arise regarding issues that are unrelated such as pretext.
Students sometimes are confused how to use points and facts in their arguments. Students should also be encouraged to factually distinguish any cases that do not support their arguments. That is, tell the reader why one case or the other can't be applied because it is factually different from the Falstaff v. Revere Furniture Company case.

Issue	Questions to ponder when considering what needs to be covered
Disparate treatment under the McDonnell Douglass standard	To Falstaff: What theory of discrimination are you alleging under the ADA? What is the applicable test used in this circuit for an ADA disparate treatment case? Prong 1: Why is Revere covered by the ADA? Prong 2: Is Falstaff's condition a qualified disability? (See below) Prong 3: Assuming that Falstaff meets prong 2, in what way could Revere have performed the job (what accommodations could Revere have possibly made? Prong 4: Isn't there a record of poor performance that led to the discharge? Isn't that the actual reason why he was terminated? To Revere: Assuming that the McDonnell Douglass prongs are met. What is your legitimate and non-discriminatory reason for the termination? Could you have accommodated Falstaff by providing breaks and having another employee designated to lift heavy items?
Qualified disability	To Falstaff: The 14^th circuit court has specifically held that obesity is not a qualified disability. Why is this case different? In what way does the Adamscase support your position? In what way does the impairment substantially limit a major life activity? To Revere: Doesn't the ADAAA cover Falstaff's disability because his obesity interferes with the life activity described in the Act? How does the fact that Falstaff's obesity may be related to an actual injury (lower back sprain) impact Revere's liability under the ADA?
Regarded as test	To Falstaff: If it is determined that you are not covered as disabled under the Act, do you have an alternative theory for coverage? To Revere: Isn't there some indication in the Stipulated Facts that Revere supervisors believed that Falstaff could not perform his job tasks even with accommodation?

Ither ways to look at the analysis

Theory of discrimination: What theory of discrimination under the ADA is Falstaff alleging?

McDonnell-Douglass test: What is necessary to make out an ADA claim under McDonnell-Douglass? Does Falstaff meet all four prongs of the test?
Qualified disability: Under the current case law in the 14^th circuit, is Falstaff's condition a qualified disability? How does theAdams case support Falstaff's claims? How is theAdams case different from Falstaff's? How does the fact that Falstaff's obesity may be related to his lower back injury impact your analysis? In what way does Falstaff's disability interfere with the life activity requirements as described in the ADA?
ADAAA: How does the passage of the ADAAA impact Revere's liability under the ADA for Falstaff's disability? What parts of the statute are applicable to the Falstaff v. Revere matter?
Reasonable accommodations. Did Revere take steps to accommodate Falstaff? If not, what accommodations would be reasonable?
"Regarded as" test: Is there some indication in the Stipulated Facts that Revere supervisors believed that Falstaff could not perform his job tasks even with accommodation? How does the ADAAA impact the "regarded as" analysis.