Did you know that an employer's discrimination of an employee based on what the employer perceive to be a disability (whether it's true or not) is still discrimination. Watch this.
Thank you Empowerment Lawyer Lucinda! This analysis provides a great understanding of how an aspect of Federal law is applied to its original "Intent" when it seems indirectly related at first glance. This will help many people to recognize and stand-up for their rights when employers who we are suppose to trust act reckless with our livelihoods...while they benefit. If ones labor/intellect is their property; does Trespass to Chattel also apply as a tort claim in addition to 42 U.S.C. SS 12112?
Yes, trespass to chattels is a common-law tort. It is an intentional interference with another person's lawful possession of personal property (tangible), and it has it's distinct prima facie elements that the plaintiff must establish. Intellectual property would be intangible. Whereas , 42 U.S.C. 12112 prohibits discrimination against a qualified individual on the basis of disability in regards to the job application procedures. It too, has it separate prima facie elements. Thank you for sharing your thoughts.
Hi Lucinda, I have filed my response to the defenses (HCPSS) motion for Summary Judgement. They keep arguing that I did not need an aide to perform the essential functions of the job, as I returned in November 2019 from FMLA for Major Depression and Knee Quad Tendon rupture repair, and was forced to push a cart to 4 different classrooms on two floors to teach 130 students despite surgeon and therapist request for assistance. It is my understanding that you must be able to perform the essential functions of the job with or without accommodations, correct?
One, read the following article: "Essential Functions of a Job and Reasonable Accommodations." Apply it to your facts. Here's the link: circaworks.com/blog/essential-functions-reasonable-accommodations/#:~:text=Essential%20job%20functions%20are%20the,is%20qualified%20for%20the%20job. Two, counter-argue defendant's claim that you did not need an aide. Support your argument with facts and evidence.
