Legal Issue - Essay Example

Extract of sample
Legal Issue

In turn, a disability is (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; or (B) a record of such impairment; or (C) being regarded as having such an impairment.[5] The EEOC defines "a mental impairment" as "any mental or psychological disorder, such as mental retardation, organic brain syndrome, Bi-Polar Disorder II, emotional or mental illness, and specific learning disabilities,"[6] for purposes of the ADA.[7]
Thus, the question becomes whether this impairment substantially limits a major life activity.[8] Interacting with others is a major life activity under the ADA Interacting with others is indisputably an activity of central importance to daily life, and the EEOC has recognized it as a major life activity in its compliance manual.[9] Additionally, interacting with others is considered a major life activity under the Rehabilitation Act, and such recognition under the ADA would serve the legislative purpose of rectifying stereotypes about the mentally disabled.[10] Neither the Supreme Court nor the Second Circuit have addressed the issue ...
Download paper


To be entitled to such protection a person must: (i) be employed by an entity covered by the ADA, (ii) be disabled within the meaning of the ADA, (iii) be otherwise qualified to perform the essential functions of her job, with or without reasonable accommodation, and (iv) have an adverse employment action taken against her on the basis of her disability…
Author : spadberg
Download 1

Related Essays

contemporary recreation, sports, or tourism legal issue
The amount of lawsuit and the diversity of cases in the sports fraternity have been on a surge as more people rely on the courts to solve disputes. The laws have the required expertise to enable the smooth running of the sports. There exists variation as to the way the law is defined, one school of thought hold the view that a law is a congregation of regulations and rules that govern a particular action....
4 pages (1004 words) Essay
Analysing legal issue on Gun Control in Canada
2 An audit by the Auditor General of Canada in 2002 further showed that the Department of Justice estimated the cost of the gun registry program would rise significantly by 2004-2005, costing more than $1 billion while gun registration fees amounted to about $140 million in fees, 2 though no significant benefit of the gun control program is recognized. According to John Lott and Eli Lehrer since the start of the new gun control program, crime rate in Canada has increased.3 The Canadian government also recently admitted it could not identify a single violent crime that had been solved through...
2 pages (502 words) Essay
Legal Issue Analysis Essay
Fortunately for Sanders, her credentials seem quite good; she is former collage basketball star from northwestern, married mother of three a one of the very few Afro American women in high rank place in sport. Apart from her good credibility, legally also her case seems strong as she got fired just a few months after getting bonus of $ 76,000, Isiah has the reputation of using his hands freely with ladies and this franchisee is not be most profitable in professional basketball. The defendants claimed that they kept her on payroll while she looked for other jobs. This is highly unbelievable....
2 pages (502 words) Essay
Organizational Ethics Issue Resolution
However, in today's world, where the scientific world has come of age in its standing vis-vis organization ethics and prevention, subsidiary issues have emerged that are considered to be of prime importance in the realm of ethics. The changes in society and life all around the world have brought about considerable changes in the lifestyles of people. Similarly, the provision of norms has seen its development through the ages, and many additional factors like ethical, legal and professional concerns need to be understood better....
6 pages (1506 words) Essay
Iraq has seen different periods of government rule and the human rights in Iraq have been different in the different periods of rule. The human rights in Iraq can be divided into three distinct periods, the pre-Saddam period, the period of Saddam Hussein, and the post war period....
6 pages (1506 words) Essay
Issue Analysis
Though there is no definite law protecting bisexual, lesbian, and gay employees from discrimination at work, there are possible amendments to existing laws that could benefit bisexual, lesbian, and gay employees, dependent on the jurisdiction the employee is in and the type of employment the employee holds....
5 pages (1255 words) Essay
Got a tricky question? Receive an answer from students like you! Try us!