[ADA Arguments] Jolene, ABC Corporation's Human Resources Manager, Was Encountering

question 9

Multiple Choice

[ADA Arguments] Jolene, ABC Corporation's Human Resources Manager, was encountering a rush of requests under the Americans with Disabilities Act. Cindy, a receptionist, was having a birthday and turning 50. She told Jolene that, while she had not been to see a physician, she had "the blues" and needed to take every Friday off for the next few weeks to recuperate. Cindy said that while she was able to engage in her normal activities, her energy level was down. Jolene promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Zeke, asked for a private office. Jolene asked him why he needed a private office. Zeke, who had been significantly burned, replied that while nothing was physically wrong with him, he was tired of everyone treating him as if he had a disability. He said that the treatment he received from coworkers interfered with his everyday life and work activities. Jolene denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, Keanu, who had undergone knee surgery, asked that Jolene put in another elevator near his workstation. Jolene explained that workstation could be moved nearer to the existing elevator, but Keanu told her that under the Americans with Disabilities Act, she did not have the right to dictate his workstation location to him. Nevertheless, Jolene denied his request for a second elevator, noting that no other employees needed a second elevator. Cindy, Zeke, and Keanu got together and decided to go directly to federal court and sue ABC Corporation under the Americans with Disabilities Act to challenge Jolene's decisions.
-Is Zeke covered under the Americans with Disabilities Act?

• A) No, Zeke is not covered under the act because, by his own admission, he has no actual physical disability.
• B) No, Zeke will not be covered under the act because he cannot establish that he has a documented mental disability.
• C) Yes, Zeke would likely be covered under the act because he is regarded as having an impairment so long as he can establish that he is substantially limited in performing a major life activity.
• D) No, Zeke would not be covered under the act unless he can establish an actual physical disability within the previous one year because that is required to come within the section of the act pertaining to perceptions of disability.
• E) No, Zeke would not be covered under the act unless he can establish an actual physical disability within the previous six months because that is required to come within the section of the act pertaining to perceptions of disability.

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Definitions:

Dorsiflexion

The movement that brings the top of the foot toward the shin, decreasing the angle between them.

Abduction

The movement of a limb or other part away from the midline of the body, or from another part.

Condyle

A round prominence at the end of a bone, typically part of a joint where it articulates with another bone.

Tuberosity

A large rounded projection on a bone, typically for the attachment of muscles or ligaments.