HRM 1133 February 26 2014 VIII. Defenses to ADA- Mrs. Murphy’so Small hotel with 5 rooms or less where manager lives on site- Nondiscriminatory reasono Allowed to file suit if nondiscriminatory - Private clubo Potentially have defense against an ADA claim- Safety o Dejavu—elevator for handicap - Financial defenses such as “Not Readily Achievable” and “Undue burden” o When businesses are asked to make some sort of accommodations—if it’s not affordable or safe, it falls under the category - Casey Martin v PGA tour-------Would it fundamentally alter the nature of theservice, etc?o Asked PGA to wave the walking rule because he had disability that made it hard for him to walk—that would fundamentally change whatpro golfing is Examples of specific ADA situations- Obesityo ADA is silent on this issue o All they mention is physical or mental impairment o One set of courts says obesity isn’t a disability o A second line of courts says obesity can be a disability if the situation involves morbid obesity (% of weight over standard body weight) and if it is biological, then it could be considered a disability (has yet been settled) - Aids/Restaurant workerso AIDS/HIV+ is a disability o Find out kitchen employee has AIDS, can you remove/reassign a kitchen employee? o There’s a federal agency that determines diseases that are considered to be transmitted through food handlers—AIDS and HIV+ are not considered- Swimming pools and wheelchair bound guestso All public pools/hotels had to have lifts by March 15 this yearo Then they extended it to Mayo Then finally extended it to January 31 of 2013- Drive through lanes and deaf customerso Culver’s is the only restaurant that currently has a device that allows deaf customers to order from windowo A couple restaurants have gotten in trouble for not having a plan for how to serve deaf drive-through customerso Restaurants do not have to have this device, but if you’re not going to provide a device like that, you have to modify process so that deaf customers can order - Braille menuso Fairly cheap to makeo Can buy them in bulk - Service animalso Animal a disabled person has with them to help them feel more comfortableo ADA recognizes distinction between ‘service’ animal and ‘comfort’ animalo Service animal: Dogs and small horses (have unlimited rights of action)o Comfort animals have limited rights of action o If you deny someone with a service animal, you are violating ADA o Legal question you can ask: “Is that a service animal?” o Cannot ask someone to prove or identify disability o If service animal damages facility, owner is responsible for any costs - Tourette’s syndromeo If acting out on another customer, would be reasonable to use there conduct to remove them from premiseso Cannot remove someone with disabilities because another customer feels uncomfortable- Website access for the blind o ADA not only applies to the physical access, but also web related access under the