hmd 401 law

Introduction

Like the FMLA, the ADA is a complicated federal law that must be understood by every hospitality leader. Failure to satisfy the ADA’s requirements can mean big trouble.

Learning Objectives

When this module is completed students will be able to, among other things:

1. Identify which employers are obligated to comply with the ADA.
2. Identify the various categories of persons who may be considered “disabled”
3. Identify what a “reasonable accommodation” is and when an employer must provide a reasonable accomodation.
4. Describe the limited circumstances when an employer may avoid providing a reasonable accommodation and explain why.

MODULE 16 Writing Assignment:

This is an individual assignment. The class is broken down into five “Groups” each containing

twelve members. The assignment depends on what group you are in.

You must do your own work and use Turnitin. I will not accept any paper that has 25% or more

“similarity.” See Syllabus. I will also not accept papers that fail to properly cite to sources.

Like all papers you’ll submit, formatting is: 1” margins all around, double-spaced, Times New

Roman, 12-point font. No headers, extra spaces between paragraphs – none of the little tricks that

take up space.

This time, you answer 3 of 5 questions. There is a 1 page minimum per answer…which equates

to an “average” score. As always, if you want a better score…do more than the minimum work

required. I can tell when a student has done the work and when they have waited until the last

minute to throw something together. Don’t be in that latter group.

Group 3 Members:

There are a few categories of persons who may be considered to be “disabled” and protected by

the ADA. First, in your own words, identify those categories. Also, tell me which persons are not

protected by the ADA. Then, find a case where an employer disputed that an applicant or employee

was actually “disabled” under the law and describe the dispute (what were the Plaintiff’s and

Defendant’s basic arguments?) as well as the court’s decision and reasoning.

Group 3 Members:

A person is not entitled to protection under the ADA unless they are 1) “disabled” and as long as

they are 2) “qualified.” Do some research and describe, in your own words, what it means to be

“qualified.” What are “essential functions” of a job and who decides what is or is not “essential?”

Then, find a case involving the ADA where the central dispute was whether the applicant or

employee was “qualified.” Tell me what each side argued and how the court resolved the dispute.

Group 3 Members:

The ADA requires “reasonable accommodations.” First, in your own words, what does this mean?

What must an employer do? Then, imagine you are a hospitality manager in a large hotel. You

have a number of disabled employees. Identify at least four (4) different disabilities your

employees may have and for each disability identify a reasonable accommodation you may

provide. Finally, in your own words, when can you refuse to provide a reasonable accommodation

to an applicant or employee who requests one?