Discrimination Law

David and Amy are brother-and-sister and live in Boca Raton, Florida. David is a writer, working on his first book. He had been employed as a police officer in Delray Beach, but left the force after being shot in the line of duty. As a result of the shooting, David is paralyzed from his waist down, and now uses a wheelchair.

Amy is an event planner, having earned her degree in Event Management from Lynn University. She worked for Boca’s Best Party Planners, Inc. for two years, but lost her job when the company went bankrupt. She has an interview set up on Friday with Big Haas Country Club for their open event manager position.

On Friday, David and Amy go their ways – David heads to the new Italian Yummy restaurant to meet a friend, Amy goes to her interview.

When David arrives at Italian Yummy, he is shocked to see that all of the tables are high, bar-top tables. He asks Jerry Jerk, the manager, if there is a low table that he can use, accounting for his wheelchair. “Sorry, pal,” Jerk responds, “we feel badly about it, but we just don’t have any low tables. Don’t get many guys in wheelchairs in here, ya know, so we don’t really bother.”

Amy’s interview actually goes worse than Adam’s attempt at lunch. Amy thinks that her interview with Barry Bigot is going quite well, as she determines that she is clearly well-qualified for this job. Suddenly, Bigot looks up from Amy’s resume and says, “Oh, wait, you went to Solomon Schechter Hebrew High School. You’re Jewish? Sorry, but we don’t hire any Jews. Thanks for coming in.”

David and Amy each file lawsuits – David against Italian Yummy, Amy against Big Haas Country Club.

Write a report giving the following for each of these cases:

1) Providing a complete overview of ADA and Civil Rights Act, including research, using scholarly journals to assist in the full presentation of the laws;

2) Providing full research (Lexis/Nexis will be useful to you, as discussed in class) into at least three cases similar to cases at hand, critically evaluating and selecting only the three most relevant cases;

3) Specifying each of the legal elements of discrimination; and

4) Specifically applying elements of the discrimination to the facts of the case at hand, providing specific consideration to the issue of bias as we discussed in class, and offering your opinion as to how each case should be decided.

The report shall be submitted in 12-point typed, double-spaced form. A report that does not follow this form will be deducted per the grading rubric. The report requires citations to the three cases found in research as well as no fewer than three additional scholarly journals (law review articles are considered scholarly journals; “self-help” and other general web-based articles are not considered scholarly journals).

 

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