The topic of sexual harassment has been brought front row and center by the overwhelming surge of public allegations against celebrities, elite athletes, and politicians, including, but not limited to, Producer Harvey Weinstein, PBS and CBS Host Charlie Rose, NBC Today Anchor Matt Lauer, Congressman Anthony Weiner, U.S. Senator Al Franken, Former Eagles Quarterback Donovan McNab, Actors Kevin Spacey, Bill Cosby, and most recently Chris North, and filmmaker James Toback. It is said that just an accusation of sexual harassment or sexual misconduct conveys the presumption of guilt, and as such, can ruin a career regardless of whether the accusation is proven untrue.

Some accused perpetrators of sexual misconduct whose employment has been terminated have tried to claim that their behavior is an illness that should be a covered disability under the Americans with Disabilities Act. They claim that if they enroll in rehab, like a drug addict or alcoholic attending counseling, they too would be entitled to ADA benefits which may include reinstatement of their job. Is sexual misconduct a disability under the ADA? Would an employer have to reinstate the perpetrator and provide reasonable accommodation e.g., time off for attendance at counseling.

The answer should be concisely stated, fully and logically developed, and researched, citing to give credit as appropriate, and respond to every question posed for the topic. Answers should demonstrate comprehension of the readings, ability to apply legal concepts and theories, a working knowledge of relevant laws, applicable legal cases and rulings, incorporation of relevant rules and regulations, and include a discussion of related ethical issues using ethical terminology (ethical principles and theories) applied appropriately to the facts as given. Ethical discussion should consider relevant stakeholders and how ethics relates to the legal facts and decisions.