John worked for Acme as a senior analyst. He suffered a heart attack and took medical leave from his job. Prior to the heart attack, his supervisor opened a locked drawer in his work desk and found prescription drugs that were not prescribed to John. The supervisor thought that John had been acting a bit strangely, but decided that he would confront him about it later. The supervisor did not confront John before the heart attack.
After six months, John returned to work on a part-time basis. John worked reduced hours for the next year. Acme was forced to reduce its workforce to cut costs. Acme conducted a performance appraisal of all managerial employees and discharged those with the lowest performance ratings. John, because of his part-time status, had one of the lowest performance ratings. The company did not look at performance pro-rata based on hours worked. John sued and alleged that he was wrongfully terminated in violation of the ADAAA. John alleged that his termination was a result of his disability.
Your task is to analyze, identify and discuss the major components of the American Disability Act ADAAA of 2008 as it applies to the above case study. You may use the Internet and the library database for your search. Identify and analyze the potential claims and defenses with in the case and determine if there were any violations with respect to the ADAAA Act of 2008. Utilize the content in the ADAAA Act to support your responses and conclusions.
You will prepare a 1000 to 1500 word paper both explaining and highlighting the specifics of the ADAAA Act of 2008 and how it relates to the case. Please identify which laws if any were broken. Please include a minimum of three references with your paper.
Your Week 5 Case Analysis Paper is worth 90 points. The points will be allocated as follows:
- Recitation of relevant facts: 10 points
- Defining Legal Issues: 15 points.
- Legal Analysis: 50 points, broken down as follows:
- Discussion of how 2008 Amendments changed 1990 ADA: 20 points
- Legal Analysis of ADA claim: 20 points
- Legal Analysis of Employer Defenses: 10 points
- References Page and Evidence of Research: 15 points.