Sam Sforza is an assembly-line worker who has been diagnosed with obses- sive-compulsive disorder (OCD), a mental health disorder in which an individual is consumed with a cycle of obsessive thoughts and compulsive behaviors. While Sam works to manage his OCD with therapy sessions and medication, he is still affected by symptoms regularly. Several times a week, he has intrusive thoughts while at work that cause him a great deal of distress and cause him to engage in behaviors in an attempt to control the thoughts. For example, one of his obsessive patterns involves the fear that he is going to cause something bad to hap- pen to those around him, which leads him to repeat routine tasks multiple times to be "safe." Sam's doctor has recommended that, when he is trapped in a cycle of obsessive thoughts, he immediately stop what he is doing, go to a quiet place, and engage in some of the behavioral techniques that help reduce his compul- sions, including writing down his thoughts to counteract them and doingbreathing exercises. Assembly-line workers operate on a very rigid schedule. Sam wants to seek accommodations from his employer to allow him to slow down and work more carefully or take short breaks as needed when he experiences the onset of OCD symptoms. Is Sam an individual with adisability under the ADA as amended?

What is the issue? What is the rule? What is the analysis? What is the prima facie case? What is the employer's response? What is the employee's rebuttal? What is the conclusion?

Serum alpha-1 antitrypsin (SAT) is a serum protein that protects the lungs from proteolytic enzymes. Approximately 80 percent ofindividuals who inherit an SAT deficiency from both parents develop chronic obstructive pulmonary disease (COPD). Individuals whoinherit the deficiency from only one parent have a much lower risk, but nevertheless have a higher risk than the general population of devel- oping COPD (1 in 10), especially if they smoke or work in dusty environments. Tuan Pham, who inherited SAT deficiency from both of hisparents, does not yet suffer from any symptoms of COPD. Is Tuan impaired? Is he substantially limited with respect to a major life activityand, therefore, disabled under the ADA, either as orig- inally enacted or as amended? Whether or not he is an individual with a disability within the meaning of the ADA, would he be entitled to the protections of GINA?

What is the issue? What is the rule? What is the analysis? What is the prima facie case? What is the employer's response? What is the employee's rebuttal? What is the conclusion?

 

Cesar Ceballos has a hearing impairment. He has applied for an administra- tive job that includes answering phones. He asserts that he can performall aspects of the job, except for answering the phone, without any accommodation. With respect to answering the phone, he has proposed twoalternative accommodations:

(1) eliminating the phone responsibilities, or (2) providing a telecommunications device (TDD) that would allow him to answer the phone. Is Cesarqualified for this job? What arguments can he make? What arguments can the employer make? Do you need any additional information to answer these questions?

What is the issue? What is the rule? What is the analysis? What is the prima facie case? What is the employer's response? What is the employee's rebuttal? What is the conclusion?

 

Jane Wozniak works as a supervisor for Acme Products, a small manufacturing company. She suffers from Tourette's syndrome, a neurodevelopmental disorder that causes individuals to engage in repetitive tics or sounds that they cannot con- trol. Some people with Tourette's compulsively burst out with obscene or extremely offensive remarks. Jane's outbursts usually take the form of racial epithets. Fifty percent of AcmeProducts' employees are Black. Several of these employees have complained to the EEO officer at Acme about Jane's outbursts. Acme has consulted you for advice. What advice would you give?

What is the issue? What is the rule? What is the analysis? What is the prima facie case? What is the employer's response? What is the employee's rebuttal? What is the conclusion?