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Cindy Is Thirty-Six Years Old,and She Works as a Sales

Question 124

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Cindy is thirty-six years old,and she works as a sales representative for a small manufacturer.Cindy and her husband have been married for twelve years.They have no children,because initially they wanted to establish their careers before taking on the obligations of raising a family.Cindy has been trying to get pregnant for approximately two years,without success.Cindy feels that she needs to reduce her working hours in order to reduce her stress level,and thereby increase her ability to get pregnant.Cindy currently works about sixty hours per week,and she wants to reduce her hours to about forty hours per week.Cindy's employer refuses to change her responsibilities,but her employer will allow her to work fewer hours per week,provided that she completes all of her work.Cindy tries to accomplish her work in fewer hours per week,and has some success,reducing her average workweek to approximately fifty hours.However,she still does not get pregnant,and she becomes depressed as a result.She tells a co-worker about the depression,and news of this reaches Cindy's supervisor.Her supervisor quits,but does tells the personnel manager about Cindy's depression before he leaves.Cindy is eligible for promotion to her supervisor's position.The personnel manager does not promote Cindy,because he believes that all depressed persons are incapable of working.In fact,Cindy began taking medication that is addressing her depression favorably to the point that it is not affecting her work at all.Cindy brings a claim under the Americans with Disabilities Act on the grounds that her inability to get pregnant is a covered disability.She also sues over being denied the promotion.Discuss the strengths and weaknesses of Cindy's case.

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