Abc Case Study
LEGAL MEMORANDUM
October 5, 2013
To: ABC Board of Directors
From: Andrea F. Bass, Corporate Counsel
RE: Claim 1 from Jason who claims his manager discriminated against him because of his disability and failed to make reasonable accommodations for him to return to work after a serious motor vehicle accident.
Issue: Will Jason prevail in a lawsuit against ABC Corporation for discriminating against Jason due to his physical disability and failing to meet his need for reasonable accommodation due to his use of a wheel chair?
Brief Answer: Yes, Jason will prevail in a discrimination lawsuit against ABC Corporation due to ABCs denial to make reasonable accommodations for Jason and his use a wheelchair. By denying Jason’s request …show more content…
Daugherty did not agree with the City’s decision and stated he was capable of performing the essential functions of his position as captain. Daugherty also pointed out that he was “encouraged to take disability retirement in order to avoid termination” (231 S.W.3d 814, 2007). Daugherty believed he was discriminated against because of his disability, in violation of the MHRA, so Daugherty filed suit with the City. However, the City was granted summary judgment by the Circuit Court on both the age and disability discrimination claims because Daugherty had “failed to establish a prima facie case for both age and disability discrimination” (231 S.W.3d 814, 2007). Daugherty appealed the decision because he felt the City’s consideration of his age and disability had contributed to his unfair treatment, which was sufficient evidence for the appellate court to show “genuine issues of material fact as to what were the essential functions of the captain’s job,” which in turn demonstrated an inappropriate determination for summary judgment being granted in the City’s favor (231 S.W.3d 814,
October 5, 2013
To: ABC Board of Directors
From: Andrea F. Bass, Corporate Counsel
RE: Claim 1 from Jason who claims his manager discriminated against him because of his disability and failed to make reasonable accommodations for him to return to work after a serious motor vehicle accident.
Issue: Will Jason prevail in a lawsuit against ABC Corporation for discriminating against Jason due to his physical disability and failing to meet his need for reasonable accommodation due to his use of a wheel chair?
Brief Answer: Yes, Jason will prevail in a discrimination lawsuit against ABC Corporation due to ABCs denial to make reasonable accommodations for Jason and his use a wheelchair. By denying Jason’s request …show more content…
Daugherty did not agree with the City’s decision and stated he was capable of performing the essential functions of his position as captain. Daugherty also pointed out that he was “encouraged to take disability retirement in order to avoid termination” (231 S.W.3d 814, 2007). Daugherty believed he was discriminated against because of his disability, in violation of the MHRA, so Daugherty filed suit with the City. However, the City was granted summary judgment by the Circuit Court on both the age and disability discrimination claims because Daugherty had “failed to establish a prima facie case for both age and disability discrimination” (231 S.W.3d 814, 2007). Daugherty appealed the decision because he felt the City’s consideration of his age and disability had contributed to his unfair treatment, which was sufficient evidence for the appellate court to show “genuine issues of material fact as to what were the essential functions of the captain’s job,” which in turn demonstrated an inappropriate determination for summary judgment being granted in the City’s favor (231 S.W.3d 814,