CLASS ACTIVITY: ADA Flashcards
scenario 1) after a month of being off work for surgery, Lisa returns with documentation from her doc stating that she has permanent restrictions of no lifting over 20lbs. Lisa is an admin assistant which involves typing. But Lisa must occasionally lift the boxes of copy paper when the copier needs additional paper. Lisa typically has to lift the boxes once a day and these boxes weight 50 lbs.
Sally comes to you, the owner, complaining that Lisa never picks up the box of copying paper and makes her do it all the time. Sally says Lisa is just lazy. Sally is tired of doing that and refuses to pick up any more boxes. What do you do?
FMLA - “after a month of being off work from surgery
ADA - work but need help with medical condition
employer’s legal obligations:
- EF: yes, only lifts boxes once a day
- RA: have someone else pick up
- UB: no because another employee can do it
what if: Sally complains about Lisa:
as owner can make them do whatever you want –> fire if she does not want to do it
class activity layout
what law applies - ADA
what employers are obligated to follow this law - 15 or over
where would an employee have to file a claim - EEOC
how long to file -
what are the employer’s legal obligations:
EF:
RA:
UB:
scenario 2) Danielle is the owner of a daycare center knows that one of her teachers has diabetes and that she once had an insulin reaction at work when she skipped lunch. When Danielle sees the teacher eat a piece of cake at a child’s bday party, she becomes concerned that the teacher may have an insulin reaction. The owner tells the employee in front of everyone else that she cannot eat sugar while she is at work anymore and she must only eat healthy lunches
what advice would you give to Danielle about her action?
How should have Danielle handle the situation?
cannot tell someone they cannot eat something or tell them in front of others
RA: allowing her to eat cake
UB: dropping kids and hurting them in an insulin reaction
what advice would you give to Danielle about her reaction?
- have a private conversation with Danielle
how should have Danielle handled this issue?
3) USA Telemarketing Inc, a large company, has a policy that employees cannot eat at their desk since are on the phone all day. All employees work well together and if one employee is stuck on a call, other employees jump in to answer it. Jane is a new employee and has diabetes. Her doc provides documentation that she must eat ocassionally to regulate glucose. You decide to allow her to eat it but it causes great tension in the telemarketing room. other employees complain about her special treatment and refuse to help Jane if she is stuck on a call
what is the employers legal obligation?
How would you handle this situation
EF - Jane can perform functions
RA - let her eat ocasionally to regulate her glucose
UB -
what is the employer’s legal obligation?
how would you handle this situation?
- let everyone eat at their desk
- you can reduce what they eat - maybe not crunchy (potato chips)
- talk to employee - maybe giving Coca Cola with sugar in it
- or tell employees to live with it
- give everyone a 5min break every 60min
- make sure have employee sign off and agree and feel like she has RA
4) Sally a cashier at Dollar General Store is an insulin dependent diabetic. Sally told her supervisor she was a diabetic and requested on several occasions that her supervisor allow her to keep juice near the register to prevent a hypoglymeic attack. Sally’s supervisor told her that Discount Store Inc. does not allow employees to keep food/drink near the register. One day, Sally, felt like she was becoming hypoglymecemic. Since Sally was alone in the store with customers, she drank orange juice near the register in violation of discount store inc’s policy. Later dsitrict manager reviewed the stores video cameras which showed her drinking the juice. district mangager fired Sally.
what are the employers legal obligations
what should they have done
- 2 employees were stealing - fired - employees were fired and told on Sally about drinking juice
- change the policy
- only allow Sally to drink by register
- RA: let her drink
