assignment help 9945.
Create a 6 pages page paper that discusses the applicable law is the american disability act. “The general policy implemented by ADA and the Rehabilitation Act is that as long as the employee or applicant is qualified for the position, with or without reasonable accommodation, the acts prohibit any adverse employment decision that is made solely on the basis of disability. An employee may be able to claim discrimination on the basis of her or his disability if such employee can prove the following:
Based on the foregoing facts, the case of Miss Clark complied with all the requisites to justify her claim against her employer. Employers must bear in mind that both the state laws and the federal laws protect employees from any form of discrimination which shall entitle them to file claims for damages, such as disability discrimination. Hence, Miss Clark can file a claim against her employer based on this ground when the company refused to promote her as Senior Vice-President, despite her competency to manage the position for the sole reason that she was blind.
According to John Moran, this is in accordance with the principle of “disparate treatment enunciated in the case of Raytheon Vs. Hernandez (540 U.S. 44 (2003) .298 F.3d 1030), where the Supreme Court held that in addition that disparate impact claims are also available to workers based on facially neutral policies that impact qualified.