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The ADA Case Study

Decent Essays
The ADA has three requirements for a disability, and employee if covered under the ADA if they meet just one of the requirements;
1. A physical or mental impairment that substantially limits one of more major life actives
2. A record of such an impairment
3. Being regarded as having such an impairment
Even with this broad definition, pregnancy simply isn’t a disability and a pregnant employee wouldn’t be guaranteed protection. In 2008 the ADAAA was introduced which made it easier for pregnant women who suffered pregnancy related disabilities to establish they do have disabilities and are entitled to reasonable accommodations under the ADA (Eeoc.gov, 2017). These accommodations would cover Abby’s need to have a 10lb lifting restriction as
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It goes on to state that it is the burden of the employer to demonstrate a reason they cannot reasonably accommodate an employee’s beliefs and practices without undue hardships (Walsh, 2014).
Gunther would first need to establish prima facie of failure to reasonably accommodate religion.
1. The existence of a sincere religious belief or practice that conflicts with an employment requirement
2. The employer was informed of the conflicting belief or practice
3. The employee or applicant suffered an adverse employment outcome because of adhering to the religious belief or practice
Once Gunther established prima facie, Central Perk would have to show the following:
1. A reasonable accommodation was offered but not accepted
2. No reasonable accommodation without undue hardship was available” (Walsh, 2014)
The existence of a sincere religious belief or practice that conflicts with an employment requirement
Even though Kemet is not a widely known religion, Gunther has demonstrated the sincere religious belief required by the EEOC. The tattoos he has are required by his religion and any concealment of the tattoos runs contrary to its belief system.
The employer was informed of the conflicting belief or practice
Gunther’s tattoos have never been discussed with his current manager, which indicates he never informed Central Perk of the possible conflict. Employees are required to
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