Cengage Advantage Books: Business Law Today, The Essentials 10th Edition by Roger LeRoy Miller

تمرين 11

A Question of Ethics-Discrimination Based on Disability. Titan Distribution, Inc., employed Quintak, Inc., to run its tire mounting and distribution operation. Robert Chalfant worked for Quintak as a second- shift supervisor at Titan. He suffered a heart attack in 1992 and underwent heart bypass surgery in 1997. He also had arthritis. In July 2002, Titan decided to terminate its relationship with Quintak. Chalfant applied to work at Titan. On his application, he described himself as having a disibility. After a physical exam, Titan's doctor concluded that Chalfant could work in his current capacity, and he was notified that he would be hired. Nevertheless, a Titan employee, wrote "not pass px" at the top of Chalfant's application, and he was not hired. He took a job with another company that involved walking up to five miles a day and lifting more weight than he had at Titan. In September, Titan eliminated its second shift. Chalfant filed a suit against Titan under the Americans with Disabilities Act (ADA). Titan argued that its failure to hire Chalfant was not based on the impression that he had not passed the physical, but could not explain why "not pass px" was written on his application. Later, Titan claimed that Chalfant was not hired because the entire second shift was going to be eliminated. [Chalfant v. Titan Distribution, Inc., 475 F.3d 982 (8th Cir. 2007)] (See pages 541-542.)
1. What must Chalfant establish to make his case under the ADA? Can he meet these requirements? Explain.
2. Punitive damages can be appropriate when an employer acts with malice or reckless indifference to an employee's protected rights. Would punitive damages be appropriate in this case? Discuss.