Memorandum and Objective: The purpose of the memorandum is to provide a detailed review and analysis of the legal situation considering “Paslay, Bryan & Brooks, Barristers & Solicitors**” and…
Petitioner Graham was a diabetic that asked his friend to drive him to a convenience store to purchase orange juice to counteract the onset of an insulin reaction. On scene the respondent Connor (city police officer) made an investigative stop ordering them to wait until he found out what had happened in the convenience store. The respondents backup police officers decided to handcuff Graham and ignored/ and or rebuffed attempts to explain and treat Grahams condition. This case went to trial because Graham claimed that he sustained multiple injuries from the encounter and filed a law suit against this officer for violating his fourth amendment rights.…
Roommate.com, LLC is classified under 230 as an “information content provider” because the website made the questions, force users to answer them in order to use the website and posted them on their website. The court came to the conclusion; Immunity through section 230 of the CDA does not protect Roommate.com, LLC. The court rationalized that since Roommate, LLC required subscribers to answer questions about sex, sexual preference, and family status that makes Roommate.com responsible in part of the content for each profile page. There is no way to opt out which makes Roommate.com not protected under immunity in section 230 of CDA. Since, the…
Disability: employers are required to provide reasonable accommodations for disabled applicants, unless the needed accommodations would be too difficult or expensive (“undue hardship”). An employer may also, after an offer is extended, condition the offer on medical questions or a medical exam as long as all new employees are treated the same.…
This act applies to anyone that has some sort of disability. This act is in place to protect disabled people against discrimination both in employment and when using a service or facility. For example, anyone with a disability should have the same opportunities in work or learning places such as school, colleges or universities. In other places such as shops and banks, and to also make sure that they are treated fairly when they go somewhere to eat or drink, such as restaurants or pubs. Public transport services have to make sure trains; buses, etc. are accessible and have the right facilities for anyone with a disability. “The government has implemented the legislation in three phases. Phase 1 in 1996 made it illegal to treat disabled people less favourably because of their disability. Phase 2 in 1999 obliged businesses to make ‘reasonable adjustments’ for disabled staff, like providing support or equipment. They also have to start making changes to the way they provide their services to customers, for example providing bank statements in large print. Phase 3 from October 2004, businesses may have to make physical alterations to their premises to overcome access barriers. The example people most readily…
In addition, “The ADA prohibits discrimination in … job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities” (Affirm Able Action Associates, 2013, para. 4). The ADA also mandates organizations make reasonable accommodations that allow the disabled access to the aforementioned areas.…
35-1Discuss fully whether any of the following actions would constitute a violation of Title VII of the 1964 Civil Rights Act, as amended.…
The majority of property owners in the United States understand the importance of the regulations stated in the Americans With Disability Act of 1990, also known as the ADA. After all, these rules are about providing safe, identifiable and fair entrance and exit into and out of buildings, rooms or areas within said structures and even the parking lots for those who suffer from various types of disabilities. At present, not all property owners take steps to comply with these regulations, and this fact is quite evident here in California. Citizens in this state have the right to file a lawsuit against the public establishments when they do not offer the correct ADA signs or California Handicap Parking signs.…
The Act prohibits discrimination against disabled people in a range of circumstances, covering employment and occupation, education, transport, and the provision of goods, facilities, services, premises and the exercise of public functions. Only those individuals, who are defined as disabled in accordance with section 1 of the Act, and the associated schedules and Regulations made there under, will be entitled to the protection that the Act provides.…
The Equality Act also provides people with a disability from discrimination within the workplace. The Act requires employers to make reasonable adjustments to their work surroundings if they are inviting someone with a disability into their workplace for an interview or for employment. These adjustments can include lifts or wheelchair access for someone who is in a wheelchair or providing help for someone who has dyslexia with their reading and writing when it is required. Under the Equality Act 2010, someone is classed as disabled if they have a physical or mental impairment which has an effect on their ability to carry out normal day-to-day activities. Under the Equality Act it is unlawful to not provide reasonable adjustments to accommodate a disabled worker or to refuse to employ them because of their…
Next, there may be employees who do not celebrate certain holidays, in which some employers host parties to celebrate. Employees who request an exemption from attending due to religious beliefs should be accommodated without any adverse action being taken, and without publicizing their preferences. Instead of attending the event, they are allowed to continue working; however, if meals are provided they have all rights as other employees to participate in this portion of the event, even if it means taking the food back to their office area. In summary, understanding the law is key, and ensuring that extensive research is conducted prior to responding to a request can be the difference between a lawsuit and a satisfied employee. The objective of reasonable accommodations is to ensure that all people are treated equally, no matter the disability or religious…
Connie Spears, whom had with a history of blood clots, arrived at Christus Santa Rosa Hospital’s emergency room of Texas in 2010 with unbearable leg discomfort. She was diagnosed with something minor and went home only to find herself in agonizing pain few days later. Emergency personnel escorted her to another hospital and found a massive blood clot and tissue damage. The doctors surgically removed both legs in order to save her life.…
Disability Discrimination Act 1995 (DDA 1995)- The DDA states: “settings are required to make reasonable adjustments by either changing policy, providing alternative ways to access a provision, or by addressing physical features which make a service impossible or unreasonably difficult for disabled people to use.” (www.hse.gov.uk/disability/law.htm) This means that settings must make their provision more accessible. For example; by having downstairs toilets, wider doors and ramps to the front doors.…
The disability act provides guidelines for employers to follow, and sets up mandates which must be followed in order to provide reasonable accommodations for a disabled person. Some of these accommodations must include availability to handicap access points to buildings, and accommodations within a building for a disabled person to be able to be mobile within the organizations structures.…
1.Based on this scenario and the STABEN approach, I would start with addressing the family members concerns right away. The source of this conflict is the patient's family member. I feel that I would find a private area to address the family members concerns immediately. Usually I would give someone time to cool off, but in this particular scenario I feel that would only make the family member more infuriated since one of the concerns is staff ignoring the patient. After finding a private room, I would possibly start off by complementing what the family member is wearing. I feel in this scenario, the behavior would be the manner in which the family member approached me. I would explain that I felt disrespected. Overall, I would ask the family member to calmly and privately approach me regarding any further concerns.…