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A Cleaning Crew Works in an Office Building

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A cleaning crew works in an office building.Mike is a member of the crew.He wears a prosthetic leg which enables him to walk very well,but climbing steps is painful and difficult for him.Although he can perform his essential functions without problems,he cannot perform the marginal function of sweeping the steps located throughout the building.The marginal functions of a second crew member include cleaning the small kitchen in the employee's lounge,which is something that Mike can perform.Mike requests his employer to allow him to clean the kitchen rather than sweep the steps.His employer refuses to act on Mike's request.Is the employer legally right in doing so?


Definitions:

Developmental Processes

Refer to the series of changes or growth that occur in organisms or social organizations over time, often following a predictable pattern.

Scienter

A legal term that refers to the knowledge of the wrongful nature of one's actions, especially in fraud cases.

Rule 10b-5

A regulation under the Securities Exchange Act of 1934 that prohibits fraud, misrepresentation, and deceit in the trading of securities.

Civilly Liable

A term referring to the responsibility of a person to compensate for losses or damages caused by their actions in a civil lawsuit.

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