QUESTION 51 Chapter 17 Disability Discrimination: Use the following facts for Question #5 5154. The Grinch was diagnosed with kidney failure which required him to be on dialysis two times a week. He was employed by The Whoville Gazette and worked as an advice columnist and editor for 3 years. He had a reputation as an insightful person with the ability to provide practical and effective advice that readers appreciated. Circulation was up by 22% during the 3 years of his employment. He had always received positive performance evaluations. The Grinch asked his supervisor, Cindy Lou Who (Cindy), for two (2) aemoons off each week to attend to his medical needs. He told Cindy that he was Willing to Work late on two other days to make up the time off and ensure his work did not suer. Cindy refused the requested time off saying it would be disruptive to other employees. The Grinch explained that he wanted to discuss a reasonable accommodation with ha, but Cindy told him it Was impossible to meet his demand. She said the law did not require her to implement his preferred accommodation. The Grinch was confused by Cindy's comments because only one year earlier, Cindy had approved a change of schedule for Max, The Grinch's coWorker, when he was undergoing radiation treatments. Despite Cindy's unwillingness to discuss the matter, the Grinch Ie work early to meet his next scheduled dialysis appointment. Max agreed to cover his workload during the absence. The Grinch Worked late the next day. When the Grinch Ie Work early the following Week for dialysis treatment, Cindy fired him. The Grinch seeks your legal advice regarding his rights under the Americans with Disabilities Act (ADA) and the 2008 Amendment to that law. Question #51: Which statement below is true? 7 A. The Grinch must have a physical or mental impairment that substantially limits a major life activity. 7 B. The Grinch can prove he is protected by the ADA because kidney dialysis results from kidney disease and disease is a recognized category of disability. ' C_ The Grinch's physical condition would also qualify as a disability under the 2008 amendment to the ADA because the amendment relaxed the requirement of "substantially" limits and expanded the denition of major life activity. The Grinch's ability to work is impaired due to the dialysis treatments. 7 D. All of the choices above. QUESTION 52 Using the facts in Question #51: Which statement best describes Cindy's treatment of Reasonable Accommodation for The Grinch? V A. Cindy was notified of The Grinch's disability and was under no obligation to discuss the matter if she reasonably believed The Grinch wanted her to implement his preferred accommodation. 7 B. Cindy was required to discuss reasonable accommodations for The Grinch and could object only if an accommodation would present an undue hardship to The Whoville Gazette. V C. Cindy can pick and choose which employees she offer accommodation to based on her perspective as a manager. ' D. Cindy's decision to offer a reasonable accommodation for Max but not for The Grinch was supported by evidence that The Grinch's accommodation would negatively impact the productivity of other employees. QUESTION 53 Using the facts in Question #51: Which statement best refutes the claim of undue hardship by Cindy? _ A. The Grinch offered to make up the time spent in dialysis by staying late on other days. ' B. The Grinch indicated his intention to ensure his work did not suffer and never requested that others cover his work during his absence. Max covered for him during one absence but The Grinch did not ask for his assistance for all absences. ' {3. Both choices Aand a. V D. Neither choice A nor B, QUESTION 54 Using the facts in Question #51: Do you believe The Grinch as a strong case of Disability Discrimination or Failure to Provide a Reasonable Accommodation? Failure to Provide a Reasonable Accommodation because Cindy has misunderstood the ADA. While a preferred accommodation is not an obligation of the employer, discussion about a reasonable accommodation is required and Cindy refused to have that discussion with The Grinch. _ Disability Discrimination because this case is similar to EEOC v. Ol'sfen Stafng Serivces Corp. The Grinch was red because he suffered from kidney disease. 7 Failure to Provide a Reasonable Accommodation. The Grinch sought a reasonable accommodation that would not have posed an undue hardship to The Whoville Gazette but Cindy failed to provide a reasonable accommodation. ' Both choices Aand c