David is recycling collector at your company. The position requires that David use a cart to collect items from recycling bins on all floors of the building and deposit them in the main recycling dumpsters in the basement. David works slowly and requires frequent breaks, but has been successfully performing these duties for five years.
David has an IQ of 73 and is able to live independently, but only with assistance in paying bills, shopping, cooking, and cleaning. David also suffers from a number of other ailments, including epilepsy (Despite his medications, he experiences seizures at a rate of once per month, sometimes triggered by physical exertion or emotional distress. His co-workers fear that he may someday experience a seizure while walking down the company's large, open staircase), and an anxiety disorder that is exacerbated by work deadlines or feeling rushed on the job.
David now has a new supervisor, Dale, who does not believe that David's job responsibilities require more than 20 hours per week to complete, and Dale has just informed David that his hours and pay will be reduced by 50 percent. Dale also told David that if he is not able to complete all of the recycling collection in that time, he will lose his job.
No other comparable full-time jobs at the company are vacant at this time. Dale does have another part-time office-clerk position available. As described in the job advertisement, that position includes 10 hours of copying, 8 hours of shredding and 2 hours of recording checks received in the company ledgers per week.
David's parents are now suing for discrimination based on David's disabilities.
Prepare a brief (1-2 page) outline of David's case:
Identify all necessary elements of a disability-discrimination case
Provide a brief description of why David meets or does not meet each of those necessary elements (Where you do not feel you have adequate information to determine whether David's case fulfills a particular element, note what additional information is necessary and why.)
Include a description of at least 3 possible accommodation requests.
NOTE: In 2004, the EECO released additional ADA guidance for employers in response to the growing number of intellectually disabled individuals in the work place. That guidance may be found at on the EEOC web site: http://www.eeoc.gov/laws/types/intellectual_disabilities.cfm
Notice Concerning The Americans With Disabilities Act (ADA) Amendments Act of 2008: http://www.eeoc.gov/ada/amendments_notice/html
Sample Solution