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Final Examination - Essay Example

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In the court case Perez vs. Pavex Corporation, the Prima Facie was established to determine if the plaintiff had been ethically discriminated against. The plaintiff must prove: (1) deliberate or reckless infliction of mental suffering;…
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Final Examination
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Download file to see previous pages They wanted her to give in by putting pressure on her. They also threatened to tell other employees of what she had done. If this happened, then she knew that she would lose her job. For the second requirement, management showed outrageous conduct by terminating Kayte’s contract for following established laws. For the third requirement, management was the complainant. For the fourth requirement, her suffering was severe because she knew that she was going to lose her job for what she had done.
The American Disabilities Act defines disabilities as “affecting a major life activity,” The areas of coverage are: vision, mental, motor skills, the ability to care for one’s self, and to commute to employment. Kayte has problems with her vision. For Kayte to prove disability discrimination, she must first prove that she has a disability. The definition of a disability is “a physical or mental impairment that substantially limits one or more of the major life activates of such an individual and a record of such impairment, or being regarded as having such impairment.” Kayte is physically impaired by her vision and it affects her major life activities.
3. If an inference of discrimination is met, the employer must show that the rejection was not a hidden pretext for discrimination (This allows clients to get evidence behind the scenes, but cannot be done before this point)
This is the rule that applies to the McDonnell Douglas vs. Green case: “such a complaint must state and contain a short and plain statement of the claim showing that the pleader is entitled to relief.” The standard of proof in Green’s case is an evidentiary requirement and not one of correct pleading techniques.
The Sutton vs. United Airlines case helps define how a visual disability should be treated. Kayte was discriminated against previously because she was able to perform her job excellently, but the company was not willing to accommodate her and allow her the ...Download file to see next pagesRead More
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