ESSAY

APPLICATION OF LEGAL PRINCIPLES Wendy Nahome is a recent graduate of a prestigious university in the state of Georgia and has been extended an offer of employment from three, highly reputable engineering firms. Wendy is a naturalized American who immigrated from her native Addis Ababa (Finfinne), Ethiopia when she was two years old. She has an outgoing and vivacious personality and enjoys outdoor recreational activities like hiking, kayaking, and horseback riding, for which she has won numerous dressage competitions. Wendy does suffer, however, from recurring episodes of chronic obstructive pulmonary disease (COPD), which she manages with medication and select environmental concerns. During negotiations and interviews, Wendy informed her prospective employers about her condition and the need for a workspace with a controlled temperature and select humidifiers. Wendy ultimately accepted a position with Recrem Labs, LLC. Her employment contract contained a provision that Wendy would be provided with "work conditions suitable to maintain a room temperature of at least seventy degrees (70) and a relative humidity level of at least forty percent (40%)." In addition, Wendy's employment contract included a provision that prohibited her from accepting employment with or own an interest in a company that provided substantially the same services as Recrem for at least two (years) after her employment or attempt to do business with any of Recrem customers. The provision listed the names of the Recrem clients and customers. Two years after her employment with Recrem, the company merged with another engineering firm called The Stetson-Hatcher Group. The new company name is Recrem-Stetson, Inc. Two of the new employees, who worked for the Stetson-Hatcher Group, have similar respiratory issues as does Wendy, but they never brought it to the attention of the company. However, after joining Recrem-Stetson, the employees were told that it would not be possible to provide them with the same type of work environment that Wendy has. After this denial, the two employees filed a complaint alleging discrimination based on the Americans with Disabilities Act, and they listed Wendy as a witness in their charge. After participating in an interview with the official investigating the claim, the office that Wendy had used for two years was designated as a workspace for company and client executives visiting from out-of-state. Three weeks later, Wendy resigned her position with Recrem-Stetson and gained employment with another of the engineering firms that had extended her an offer after her graduation. 22. Based on the above facts, what defense(s), if any, could Recrem-Stetson assert to convince a court that it did not wrongfully discriminate against the two employees? 23. What employment claim or claims, if any, does Wendy have against Recrem-Stetson? 24. Describe the procedure(s) required for Wendy to pursue any claims she may have against Recrem-Stetson 25. What would make enforceable the provision prohibiting Wendy from accepting employment with another company that provides the same services as Recrem?