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Mizzou HSP_MGMT 1133 - Exam 2 Study Guide
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HSP MGMT 1133 1st EditionExam # 2 Study Guide Lectures: 11-19Lecture 11American’s with Disabilities Act- ADA:What is the American’s with Disabilities Act? Who is protected? What is a disability defined as? Who’s targeted? What’s prohibited? What’s required? How does it relate to employment?What is significant about the Casey Martin case?ADA- federal law that protects people with disabilities against discriminating effectsDisability- defined as “any physical or mental impairment that substantially limits a major life activity”- An impairment can be physical or mental, and seen or unseen- Substantially limits- how serious is the impairment and how long does it last- Major life activity- walking, reading, writing, traveling, workingWho’s protected?- those regarded by others as being disabled or with a past record of a disability are covered and associates of the disabled are coveredWho’s targeted under ADA?- places of public accommodation, and those who own the place of public accommodationWhat is prohibited?- No discrimination because of a disability- No screening criteria; ex: cannot use a drivers license as sole from of ID because many disabled persons do not have a valid drivers license due to being unable to drive- No surcharge on disabled people- No special requirements- Cannot require a person to identify his or her disability for any reasonWhat is required?- Businesses must offer auxiliary aids/services and or modification of policies and procedures unless its an undue burden or it would fundamentally alter the nature of the services providedCasey Martin Case*- Casey Martin is a pro golfer with a disability that requires him to use a golf cart to get to each and every hole on the course. He wanted to get his “PGA Tour Card” but PGA requires that you walk each hole when attempting to attain this card. PGA also said that they cannot waive this rule because “that’s what pro golf is”. The court ruled in favor of Casey Martin and the PGA tour had to waive the walking rule to allow him to play with a golf cartEmployment and disabilities- Employers can use screening tests IF it is a job related duty- Barrier removal- businesses must remove any barriers that could potentially keep out any disabled person (i.e., in a wheelchair) if it is “readily achievable”; if it is not readily achievable then alternate measures must be taken to ensure increases access for individuals with disabilitieso Readily achievable means they can do it without it being a huge burden physically or financiallyo Example: Déjà vu comedy club- comedy was done upstairs with only a stairway entrance, but they couldn’t take out the stairway without it being a burden, so they started recording the comedy upstairs and playing it on a TV downstairs for disabled customers in wheelchairs to watchLecture 12 American’s with Disabilities Act- ContinuedWhat are the remedies for ADA cases? Define the Mrs. Murphy’s Boarding House defense. What are other defenses to the American’s with Disabilities Act? Remedies- Private plaintiff- injunctive relief o Can’t get monetary damages but can request that the business changes something for them Ex: Plaintiff sues a company for having mirrors too high so people in wheelchairs can’t see them; person in the wheelchair (plaintiff) can’t get monetary damages but can make the business fix their mirrors to be lower ADA Notification Act- bill in congress that requires the plaintiff to give thedefendant 90 days notice to fix the issue before they press charges on them US Attorney general as plaintiff- can collect money damages Defenses to ADA- Mrs. Murphy’s boarding house- small hotel with 5 rooms or less (like a bed and breakfast) CAN discriminate if they need to- Private club- since it is a private club, they can chose who they want to let in and if they want to make themselves accessible or not- Safety- if it is unsafe to make a certain change in order to accommodate the disabled, then a business does not have to do it- Financial defenses such as “not readily achievable” or “undue burden”- this means that the business couldn’t fix the issue without it being extremely difficult or resulting in physical or financial hardships- Nondiscriminatory reason- says that the business was not intending to violate anyone’s rights under ADA, but they had some other reasonExamples of specific ADA situations:- Obesity- obesity as a disability is viewed differently by the different court systems:o One court system says obesity is NOT a disabilityo One court system says obesity can be a disability as long as you are 100% overweight for your specific heighto One court system says it can be a disability if you meet these standards: Must weigh 100% more than the standard table for your height says that you should weight Must be some biological or medical reason for the disability- AIDS/Restaurant workers- if an employee openly has HIV/AIDS o AIDS is considered a disability under the ADAo What action can a manager take? Restaurant wise a manager can’t legally do anything because HIV is not transferrable through food handling and this would be considered discrimination- Swimming pools and wheelchair bound guestso Hotels are supposed to have lifts for pools for this reason- the government will start inspecting this soonLecture 13: ADA continuedHow must targeted businesses handle certain situations regarded persons with disabilities?Specific ADA Situations (continued)Drive through lanes and deaf customers- must have some accommodations that allow the deaf driver to be able to use the drive throughBraille menus- restaurants either have to have Braille menus for blind customers or ADA says if you do not have a Braille menu then you have to have a staff member read the entire menu to the blind customer Service animals- - A dog or a small horse that helps someone perform a day to day life function- A “comfort animal” just makes someone feel more at ease, but does not necessarily helpthem perform a life function- Managers/staff members can only ask “is this animal a service animal” but cannot ask what it does or what disability it is for- Cannot ask if it is certified or if they have their papers with them to prove it is certified- Cannot impose a surcharge on the animal- Can only ask the animal to leave if it is threatening a customer or being abnormally loud- ADA trumps a “no pets” rule, and also trumps the rule that says


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Mizzou HSP_MGMT 1133 - Exam 2 Study Guide

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