Exam (elaborations) LAW MISC

John worked for Acme as a senior analyst. He suffered a heart attack and took medical leave from his job. Prior to the heart attack, his supervisor opened a locked drawer in his work desk and found prescription drugs that were not prescribed to John. The supervisor thought that John had been acting a bit strangely, but decided that he would confront him about it later. The supervisor did not confront John before the heart attack. After six months, John returned to work on a part-time basis. John worked reduced hours for the next year. Acme was forced to reduce its workforce to cut costs. Acme conducted a performance appraisal of all managerial employees and discharged those with the lowest performance ratings. John, because of his part-time status, had one of the lowest performance ratings. The company did not look at performance pro-rata based on hours worked. John sued and alleged that he was wrongfully terminated in violation of the ADA. John alleged that his termination was a result of his disability. Your task is to analyze, identify and discuss the major components of the American Disability Act ADA of 1990 as it applies to the above case study. You may use the Internet and the library database for your search. Identify and analyze the potential claims and defenses with in the case and determine if there were any violations with respect to the ADA Act of 1990. Utilize the content in the ADA Act to support your responses and conclusions. Deliverable You will prepare a 1000 to 1500 word paper both explaining and highlighting the specifics of the ADA Act of 1990 and how it relates to the case. Please identify which laws if any were broken. Please include a minimum of three references with your paper. ADA and Rehabilitation Act protection means that, generally, as long as the applicant or employee is otherwise qualified for the position, with or without reasonable accommodation, the employer is prohibited from making any adverse employment decision solely on the basis of the disability. (Bennet-Alexander & Hartman, 2012, p.568) To prove his Prima Facie case John must establish that 1) he is disabled, 2) he is qualified for the position he works 3) His accommodations were reasonable; reduced work hours 4) he suffered an adverse employment decision, in his case termination. In John’s case, he can establish all of the above and sue ACME alleging wrongful termination under the ADA. In their defense, ACME can quote Legal Non-Discriminatory Reason for John’s termination. ACME must establish that the employment action was taken for a reason other than disability discrimination. LNDRs might include the employee’s poor performance or economic necessity. (Bennet 590) In the given scenario, both of these reasons are applicable .........................................CONTINUED....................................................