HSP_MGMT 1133 1st Edition Lecture 13Outline of Last Lecture I. ADA- American’s with Disabilities Acta. Who’s protected?b. What is a disability defined as?c. Who’s targeted?d. What’s prohibited?e. What’s required?f. EmploymentOutline of Current Lecture II. Remediesa. Private PlaintifIII. Defenses to ADAa. Mrs. Murphy’s Boarding Houseb. Private clubc. Safetyd. Financial defensese. Nondiscriminatory reasonIV. Examples of specific ADA situationsCurrent LectureVII. RemediesThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.- Private plaintiff- required to give notice?o Can’t get monetary damages but can request that the business changes something for them; ie) suing a company for having mirrors to high so people in wheelchairs cant see them, person in wheelchair (plaintiff) can’t get monetary damages but can make the business fix their mirrorso ADA Notification Act- bill in congress requiring plaintiff to give the defendant 90 days notice to fix the issue before they press charges on themo US Attorney General as plaintiff- can collect money damages VIII. Defenses to ADA- Mrs. Murphy’s boarding house- small hotel with 5 rooms or less (like a bed and breakfast)- Private club- can choose to make them selves accessible or not- Safety- Ex: unsafe to take out the stairway and put in a ramp- Financial defenses such as “Not Readily Achievable” and “Undue burden”- couldn’t fix the issue without it being super difficult and resulting in hardships - Nondiscriminatory reason- they weren’t intending to violate anyone’s rights under ADA, they had some other reasonExamples of specific ADA situations:Obesity- one set of courts say obesity is not a disability; one set of court says it can be a disability as long as you are 100% overweight for your height; one set of courts says it can be a disability provided that the person meets a these standards:- To be considered “morbidly obese”: weighing 100% more than the standard table for your height says that you should weigh; must be some biological or medical reason for the disabilityAids/Restaurant workers- if an employee openly has HIV/AIDS- AIDS is considered a disability under the ADA- What action can a manager take? Restaurant wise- You can’t legally do anything because HIV isn’t transferrable through food handling and this would be considered discriminationSwimming pools and wheelchair bound guests- Hotels are supposed to have lifts for pools- government will start inspecting this
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