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Evaluate Employment Laws Affecting.docx
1. [From 10$/Pg] Evaluate Employment Laws Affecting
[From 10$/Pg] Evaluate Employment Laws AffectingCO4: Apply legal concepts to business
scenariosCO9: Evaluate employment laws affecting business.CO10: Define the ethical
environment that is applicable to the business world.Title I of the Americans With
Disabilities Act, 42 U.S.C. §§ 12112(a), requires employers to provide reasonable
accommodation to otherwise qualified persons with a disability to enable them to
work. The federal government has a similar requirement under Section 504 of the
Rehabilitation Act of 1973, 29 U.S.C. § 794. A “reasonable” accommodation a determination
to be made on the facts by the employer on a case-by-case basis. Ultimately, the decision an
employer makes could be reviewed by the Equal Employment Opportunity Commission
(EEOC) (or an equivalent state agency) or a court if the employer’s action is challenged by
an applicant or employee.PROMPT: CASE STUDYAdele, a fully qualified specialized
registered nurse, is deaf. She relies upon an American Sign Language (ASL) interpreter to
communicate with hearing individuals in the workplace. Adele applied for a job with
Marigold Mercy Receiving and Trauma Center (“MMRTC”), a large medical center that, with
all its hubs and subsidiaries, grossed $1.3 billion annually. Adele received a job offer,
conditioned upon a health screening and clearance by MMRTC’s occupational health
department. She was in fact cleared, but she notified MMRTC that she needed an ASL
interpreter as an accommodation for her hearing impairment. The annual salary, including
benefits, for her position was approximately $75,000. Upon investigation, MMRTC
calculated that the annual cost to MMRTC for the ASL interpreter accommodation would be
$120,000; there was the need for a full time interpreter for Adele, plus several situations
where two ASL interpreters would be required. In considering Adele’s request for
accommodation, the hiring supervisor wrote in an email that the department’s annual
budget allocation could not absorb the “excessive cost of the additional personnel” of ASL
qualified interpreters “for this one nurse.” MMRTC determined the additional salary and
overhead for the interpreters would be an “undue hardship,” making the accommodation
unreasonable. Therefore, MMRTC did not hire Adele. Did MMRTC violate ADA?DISCUSS: 1.
Was MMRTC within its legal rights to refuse the accommodation and thus not hire Adele on
the basis of undue hardship? In considering this case, you should review: (a) what is
considered a “reasonable” accommodation under ADA; (b) sample accommodations
listed by ADA (42 U.S.C. § 12111(9) (2018)) and the EEOC (www.eeoc.gov); and (c) the
definition and standard for “undue hardship” (42 U.S.C. § 12111(10)(a) (2018));
and (d) any case law – what do the courts consider undue hardship?2. Are there ethical
2. considerations involved in this case beyond what is required by the “letter of the law” and if
so what are they?Please support your thoughts and conclusions with reasoned analysis and
your research.