Simulation Exercise TwoAssignment Instructions

Review Chapters 11 and 12 in your textbook.

Study the Business Law Simulation Exercise 2 found in your textbook on pages 432-439.

NOTE:In case you have an older edition of this book, I have copied pages 432-439.These copies can be found under the "Simulation Exercises" tab along the left side of your screen in Blackboard.

Be prepared to answer the following questions in the Simulation Two Assignment.

1) 12 points/Coverage: Is Revere within the jurisdiction of the ADA? Why?

2)11 points/Theory of discrimination: What theory of discrimination under the ADA is Falstaff alleging?

3)11 points/McDonnell-Douglass test: What is necessary to make out an ADA claim under McDonnell-Douglass? Does Falstaff meet all four prongs of the test?

4)11 points/Qualified disability: Under the current case law in the 14^thcircuit, is Falstaff's condition a qualified disability? How does theAdamscase support Falstaff's claims? How is theAdamscase 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?

5)11 points/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 theFalstaff v. Reverematter?

6)11 points/Reasonable accommodations. Did Revere take steps to accommodate Falstaff? If not, what accommodations would be reasonable?

7)11 points/"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.

8)11 points/Pretext: Is there any indication that Revere's reasons for terminating Falstaff were pre-textual? Is Falstaff's misconduct at issue?

9) 11 points/Business necessity: What business necessity defense could Revere articulate for requirements related to Falstaff's position?

Each question above could be answered in favor of either party.You will be graded based upon your ability to:

ouse the relevant facts from the simulation pattern,

odemonstrate an understanding of the legal concept(s) inquired about in the question,

ouse the fictional case law to support your points,

opresent your responses in direct, clear, and grammatically correct sentences.

The Simulation Two Assignment must be completed by 11:59PM on Sunday, 10/14/18.