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

question 29

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[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.
-Will Cindy, Zeke, and Keanu be able to go directly to federal court with claims against ABC Corporation?

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Definitions:

Passive-Voice Verbs

A grammatical voice where the subject of the sentence is acted upon by the verb.

Refusal Letter

Written communication used to explicitly inform someone that a request, proposal, or offer has been declined.

Required Experience

The set of skills, knowledge, and background deemed necessary for a particular job or task.

Final Slate

The ultimate list or lineup of candidates, options, or choices that have been selected for final consideration or voting.

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