Please review the memo below and follow the legal memorandum format that can be found in the syllabus and pasted at the bottom of this description. Please be sure to reference the cases provided. Thank you.
MEMO:
COMMUNITY HEALTH INC. 222 BRIDGE STREET SUGARTOWN, NY 13363
TO: COUNSEL’S OFFICE FROM: James Sugarman, Human Resources
RE: ACCOMMODATING A PERSON WITH DIABETES
Dear __________:(student name)
I recently received a request from an employee who suffers from Type 1 diabetes. She presently works in the cafeteria as the Director of Dietary. She has asked us to accommodate her both in her office job, as well as, when she is working in the cafeteria serving meals. She complains that it is difficult for her to stand for long periods of time and has difficulty balancing reading text and the computer screen due to diabetic retinopathy. She is asking for us to accommodate her under Title 1 of the ADA.
Questions Presented:
1-Is she a person with a disability as defined under Title 1 of the ADA? (Community Health Inc. employs more than 15 employees)
2-If so, what kind of accommodations would be appropriate for her and do not pose an undue hardship on Community Health Inc.?
Please read the case and brief attached below so you have an understanding of the ADA historical background. Please also review the ADA amendment excerpt and the link to the American Diabetes Association link to current caselaw paste below.
Sample Memo-
https://www.law.cuny.edu/legal-writing/students/memorandum/memorandum-3/
Job Accommodation Network (JAN)-
https://askjan.org/disabilities/Diabetes.cfm
EEOC-
www.eeoc.gov -search for diabetes
*Murphy caselaw and brief (prior to amendment to ADA) attached below for review.
*American Diabetes Association-Important current Diabetes caselaw-
https://diabetes.org/tools-support/know-your-rights/attorney-materials/employment-materials/litigation-materials-from-diabetes-discrimination-cases
*ADA Amendment Update:
Notice Concerning The Americans With Disabilities Act (ADA) Amendments Act of 2008
On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 (“ADA Amendments Act” or “Act”). The Act emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis.
The Act makes important changes to the definition of the term “disability” by rejecting the holdings in several Supreme Court decisions and portions of EEOC’s ADA regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.
The Act retains the ADA’s basic definition of “disability” as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, it changes the way that these statutory terms should be interpreted in several ways. Most significantly, the Act:
directs EEOC to revise that portion of its regulations defining the term “substantially limits”;
expands the definition of “major life activities” by including two non-exhaustive lists:
the first list includes many activities that the EEOC has recognized (e.g., walking) as well as activities that EEOC has not specifically recognized (e.g., reading, bending, and communicating);
the second list includes major bodily functions (e.g., “functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions”);
states that mitigating measures other than “ordinary eyeglasses or contact lenses” shall not be considered in assessing whether an individual has a disability;
clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active;
changes the definition of “regarded as” so that it no longer requires a showing that the employer perceived the individual to be substantially limited in a major life activity, and instead says that an applicant or employee is “regarded as” disabled if he or she is subject to an action prohibited by the ADA (e.g., failure to hire or termination) based on an impairment that is not transitory and minor;
provides that individuals covered only under the “regarded as” prong are not entitled to reasonable accommodation.
EEOC will be evaluating the impact of these changes on its enforcement guidances and other publications addressing the ADA.
Effective Date:
The ADA Amendments Act is effective as of January 1, 2009. EEOC’s regulations to implement the equal employment provisions of the ADA Amendments Act are effective as of March 25, 2011.
**Syllabus-Assignment Description**
Written Assignment-Legal Memorandum (25 %) (7 to 10 pages, footnotes or endnotes-paste & attach):
Content of memorandum:
Spelling, grammar, possessive v. plurals, run-on sentences, content (up-to-date & accurate), etc. are all factored into the paper grade. Plagiarism will not be tolerated – a 0 for the paper will be assigned and the College may elect to take further action (see below *). The paper must be 7-10 pages in length, well organized, must be typed (don’t forget to run spell and grammar check), double-spaced, and must include footnotes or endnotes [the student may choose the format]. Citations in your Legal Memos must be complete (case citation, date, website address, if applicable, etc.). This is true for citing Internet sources as well – if you can’t provide this information, do not use the source. For example, Doe v. Smit, 41 F. 3d 323 (N.D.N.Y. 2004).
Required Format:
The legal memo of 7 to 10 pages is to be prepared on a case to be distributed. Paper must be double-spaced, Times New Roman font (12 point). Please paste and attach your paper. The paper will be graded upon thoroughness of research, strength of analysis, and overall effectiveness. Spelling, grammar and style will also be factored into the grade of each paper. The legal memo will be structured using the following outline:
a. Table of Contents
b. Questions Presented
c. Facts
d. Legal Standard/Rule of Law
e. Analysis
f. Conclusion
