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Impairment
physical or mental; some are unseen but exist
substantially limits
refers to both degrees of impairment; duration of impairment (permanent or temporary)
major life activity
functions that are significant to an individual's daily life, (e.g., walking, speaking, breathing) that must be substantially limited by a condition for the condition to constitute a disability for the purposes of the ada
1) Hospitality-structural access 2)Capacity against employer
Federal law according to American Disabilities Act (ADA)
hose with disabilities
Who is protected by the ADA?
disability
any physical or mental impairment that substantially limits a major life activity
Those with a past record of disability and those who are Associates of the disabled
What others are covered by the ADA?
places of public accommodation and those who own and operate them
Who is also covered by the ADA?
15
Employees of __ or more are also covered by ADA
1) Access & Employment (cannot screen) 2) Drivers license as sole form of ID 3) No surcharge on disabled 4) No special requirements on disable 5) Cannot require them to identify a disability
What is prohibited by the ADA?
1) Auxiliary aids/services and/or modifications of policies and procedures unless undue burden or would fundamentally alter the nature of the services provided (Casey Martin case) 2) Barrier removal (Deja Vu case) 3) Strict guidelines for new construction
What is required by the ADA?
Braille menus (required unless you have someone to read the menu) Assistive technology for deaf at drive-thrus.
Examples of auxiliary aids
-golfer at Stanford w/ Tiger Woods -unable to walk long distances -walking rule on golf course -argument: golf is about shots -Supreme Court rules for him, said that golf is a game about shots & walking was 2nd)
Casey Martin case
No elevator for wheelchairs Supplementing would make cost go beyond available means Result: put closed-circuit TV feed so people could watch If not available: must find alternative measures
Deja Vu example
-distance -width rules -buildings started from scratch or modifications on existing buildings
Guidelines for new construction
No
Do you have to file a claim before a suit under the ADA?
EEOC
Who handles complaints under the ADA?
Yes
Is exhaustion required for the EEOC complaint?
Access: 2 years Employment: 180/180/90. 180 days to file a complaint; 180 days for agency to investigate; 90 days to file a suit if you don't like what they have to say
Limitation period for EEOC complaint
"Drive-by plaintiff"
someone who sues for ADA access who never tried to get into the establishment Example: man in wheelchair who sued in Cali. who had not attempted to get into the restaurant
does not require notice before a suit; can only get injunctive relief & attorney fees
Current law on filing complaints with the EEOC
A bill that requires a private plaintiff to give 90-120 days notice before filing a suit (must include nature of violations & how to gain accommodation)
What is the ADA Notification Act?
-there is pattern and practice -case is of general public interest and importance -Money damages are available in this case
Attorney General can file as plaintiff if... (ADA)
Mrs. Murpheys: exempt if a small B&B has 5 rooms or less Private Club Safety: if it is not safe (Deja Vu and elevator case) Financial defenses (not readily achievable or undue burden Casey Martin case: if it would fundamentally alter the nature of the service
Defenses to ADA
-not specifically addressed -definition of disability -find reason for obesity: biologically medical condition they can't control or lifestyle choices? -no clear decision yet
ADA provisions for obesity
-AIDS & HIV are disabilities -manager cannot terminate them -AIDS is not transmitted through food handling -can be sued for adverse action
ADA provisions on AIDS/restaurant workers
any pool/hotel must have a lift
ADA provisions for swimming pools and wheelchair bound guests
Culver's installed device to assist their deaf customers -not to accommodate them is a violation of the ADA
ADA provisions for drive-thru lanes and deaf customers
-if the restaurant doesn't have them, they must have an employee present to read the entire menu to them, but it's cheaper to have Braille menus
ADA provisions for Braille menus
dogs, small horses -veterans/ deaf/ blind/ mental disabilities -cannot charge guests extra unless the animal causes damage -can only reject them if it's disruptive -"No pet policy" does not apply
ADA provisions for service animals
-physical disability -entitled to have access, not a democracy
ADA provisions for Tourette's Syndrome
ADA applies to both internet and physical establishments
ADA provisions for websites for the blind
changes under the smoking policy for those with athsma
Smoking at the ADA--how does it apply?
-tobacco companies: people hooked, telling lies, killing people -attorney generals suing: Medicaid costs, injuring people, public enemy #1 -similar to obesity suits (getting people hooked)
Dangerous product litigation against the tobacco industry
main provision: cannot penalize people for having pre-existing conditions -surcharge on those with a history of tobacco use
New Federal smoking rules under healthcare
-how aggressive states are -MO state law: designated smoking areas; cities can set their own policies; too permissive with cigarettes & alcohol -Grade: D or F
State/local laws on smoking
1) Who is covered? (indiv/business) 2) How directive? 3) What is the penalty? 4) Who is exempt? 5) Who is penalized
5 Factors to conisder
Designated smoking areas
DSAs
191-765
defines bar: 90% sales volume from alcohol sales -Black and Gold defines restaurant: a structure where food can be eaten on site
191-767
-persons shall not smoke unless in DSA (set by those who have custody) -30% of entire space designated to smking -does not have to have a DSA nonsmoking area must be in an area where you do not have to walk through smoking area
191-769
-areas not considered public places -Examples: room halls, limos, taxis, performers on stage -place where 50% is involved with sale of tobacco or bars that seat less than 50 people, private residences, enclosed indoor areas
191-771
who gets penalized? -2 possible individuals: owner of facility or person who is smoking where they are not supposed to (infraction: must pay a fine)
Yes - gov. employee discounts
Are different prices/rates/payment legal for different guests for hotels?
race, color, religion, national origin
Statutory restrictions on pricing
can discriminate based on age
Civil rights according to hotel policies
max amount a hotel can charge for a room; guilty of a misdemeanor if it exceeds
Hotel rack rate laws?
free to pass smoking bans can go further than state law
local law on smoking
Oct. 2006 passed, 90-days implement period
City of Columbia ordinance-history?
city ordinance: provision on proximity to entrance (20 ft) -no smoking in restaurants & bars unless the bar has a patio -private club built prior to exemption date is exempt (Eagles Club)
How is it different from state law?
-can help/hurt businesses -improves public health
Legal & economic issues with smoking bans: public vs. property rights
-better public health -treats all businesses equal -promotes employee health
Pros to a smoking ban
-attendance & revenue effect -goes against American principle of market control (entrepreneurship) -takes sale tax revenue away from Columbia
Cons of a smoking ban
-challenge to municipal ordinance -rest/bar sued because KC smoking ban violated the state Constitution -court said that cities can make own laws regardless of state laws
Kansas City vs. Carlson (smoking case)
law that restricts employers from using legal substances away from workplace (cannot discriminate) -allows employers to have different medical rates
MO law 290-145, smoking and employment
-worker safety and secondhand smoke -lingering smoke -high standard, hard to violate
Smoking and OSHA-permissible exposure levels and ETS
-good to restrict smoking because worker's compensation laws can be filed
Worker's compensation and smoking
Yes
Is it legal to allow cigarettes but not cigars?
Yes
can a business price differentiate b/w customers?
race, color, religion, national origin
Statutory restrictions on pricing (4)
yes
Can hotels discriminate based on age?
What are hotel rack rate laws?
max amt a hotel can charge for a room; must be posted
must post & cannot exceed
hotels 419-040
guilty of misdemeanor if it exceeds
hotels 419-050
-regulate unfair competition -federal laws -illegal to agree with a competitor to set prices
Anti-trust laws
-disaster zones (declared by pres or gov) -essential commodities -charging an excessive price (exceeds standard by 25%) -fine of $1000/incident
MO law on price gauging
cash discount
-costs $ every time a card is used -swipe fee -legal but may violate CC servicing agreement
CC minimum transaction policy?
same as CD policy -may violate CC servicing agreement
apartment, car, syllabus, car, house, cell phone
common business and personal contracts
state law, uniformity between states
How are contracts formed?
1)legality 2)capacity 3)mutuality 4)consideration 5)forms
Elements of a valid contract
-illegal -court cannot validate -deals with issues -examples: gambling, prostitution
Void K
-deals with individual -made by someone who lack capacity -can be enforced at choice of party who lacks capacity -deals with age and mental state
Voidable K
offer & acceptance
Mutuality includes
consideration
something in exchange for something else
1)tangible 2)performance 3)Forbearancce
Consideration includes 3 things
real estate, marriage long term contracts
Statue of frauds-what contracts are required to be in writing?
parol evidence rule
prevents prior or contemporaneous statements from being introduced to modify terms of a written contract
1)requirement of showing 2)foreseeabilitiy 3)certainty 4)mitigation
remedies for breach of contract
foreseeability
opportunity loss; must show that the opportunity was forseeable
certainty
lost profits becaue of advertising
mitigation
"reduce" -example: moving out early on lease; landlord must prove damanges
1) liquidated 2) compensatory 3) consequential 4) punitive
Types of damages
liquidity damages
specifically stated in terms of the contract, set amt. of money
compensatory damage
-put plaintiff in same position economically if B did what they said they would do
consequential damages
lost opportunity, unique to different contracts
punitive damages
rarely available in contract cases, such as overbooking a hotel room (120%)
1) specific performance-court requires party to do what they said they would do 2) reformation-court can reform contract to what they agreed to 3) cancellation-certain situations (natural disasters)
Equitable remedies in contract litigation
1)Fraud-misrepresentation 2)Mistake-mutual mistake 3)Duress-someone forced you to enter 4)Impossibility-natural disasters 5)Unconstitutionality-term of contract is grossly unfair
Defenses in contract cases
1)trade usage 2)course of dealing 3)construction against the draftsman (example: chickens)
Examples of ambiguity
ESGICA
Electronic signatures in Global and interstate Commerce Act -E-sig is valid
UETA
Uniform Electronic Transaction Act
civil easier to win for initiating party (BOP, evidence, convince less people)
Differences between civil and criminal cases
-police search for subject in an armed robbery, Stoner beame suspect, asked desk clerk to let them in, linked to robbery, illegal search -if gov violates 4th amendment (search and seizure), evidence is excluded
Exclusionary rule example in criminal cases (Stoner vs. California)
1)permission 2)search 3)emergency situation
3 ways to enter property
"guilty act" ex: breaking and entering
Actus reus
guilty mind" -purposely, knowingly, negligently
Mens rea
murder
intentional, premeditated
manslaughter
lesser, reckless behavior, criminally negligent
Luby's
restaurant shooter, 20+ deaths
McDonalds
Huberty, 125 shots fired, 21 people dead
Concealed carry laws-Suzanna Hupp
"national champion" of concealed carry laws MO laws: bar can restrict, private busineses can make own laws
"no guns" policy
-restaurant of 50+ people have a right to restrict guns -crime to possess firearm while intoxicated -illegal to point gun in threatening manner
manslaughter example
NY nightclub, pyrotechnics
Rhode Island incident-Station Night Club
-disregarded a substantial risk -100 counts of manslaughter (owner & manager)
Burglary
unlawful entry into another's property with intent to commit a crime Example: inexperienced housekeepers, people walking in, considered burglarly
Stealing
-property or services -$500 or more considered a felony Example: AC units from a hotel -taking without permission -usually a misdemeanor
Robbery
-stealing by force (use or force of) -more serious than stealing -felony
Arson
-setting fires or creating explosions -difficult to prove -Herford house (class B felony)
extortion
a criminal offense in which a person obtains money, property, and/or services from another by wrongfully threatening or inflicting harm to his or her person, property, or reputation. Also called blackmail
forgery
1)altering terms of a document 2)present a document saying that it's something it isn't 3)signing someone else's name to a document w/ an intent to defraud them
identity theft
device storing CC #s stolen over $500=felony
Passing bad checks
1)NSF (Not sufficient funds) 2)Closed Account Check 3)no account check (most serious)
Counterfeit money
passing it is a federal offense secret service is involved
prostitution
crime in 49 states
human trafficking
young women sold into it
controlled substance activity
if you allow it, they will suspend your liquor license
strong odor, 1000 meth labs recently, most serious controlled substance, requires HAZMAT
How can you recognize a meth lab?
1) personnel 2) structural design-CPTED programs (reduce likelihood of crime) 3) technology 4) programs-local polic programs
Crime prevention (4)
1)crime statistics 2)annual written report 3)must notify students on crime
Crime on College campuses-Clery act requirements
required to have fire escapes -Atlanta, GA 1946 hotel didn't have fire escapes
Fire safety at hotels
1)Federal Hotel Motel Fire Safety Act-requires hotels with 3+ stories to have a sprinkler system & smoke detectors 2)State & Local fire codes-capacity limits, specify equipment (fire extinguisher, escape route, sprinkler systems, smoke detectors)
Fire at MGM Grand--what changes resulted?

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