[ADA Arguments] Jolene, ABC Corporation's Human Resources Manager, was encountering a rush of requests under the Americans with Disabilities Act. Cindy, a receptionist, was having a birthday and turning 50. She told Jolene that, while she had not been to see a physician, she had "the blues" and needed to take every Friday off for the next few weeks to recuperate. Cindy said that while she was able to engage in her normal activities, her energy level was down. Jolene promptly denied her request on the basis that the act only applies to physical disabilities. Another employee, Zeke, asked for a private office. Jolene asked him why he needed a private office. Zeke, who had been significantly burned, replied that while nothing was physically wrong with him, he was tired of everyone treating him as if he had a disability. He said that the treatment he received from coworkers interfered with his everyday life and work activities. Jolene denied his request explaining to him that he needed an actual documented physical disability before being covered by the act. Finally, Keanu, who had undergone knee surgery, asked that Jolene put in another elevator near his workstation. Jolene explained that workstation could be moved nearer to the existing elevator, but Keanu told her that under the Americans with Disabilities Act, she did not have the right to dictate his workstation location to him. Nevertheless, Jolene denied his request for a second elevator, noting that no other employees needed a second elevator. Cindy, Zeke, and Keanu got together and decided to go directly to federal court and sue ABC Corporation under the Americans with Disabilities Act to challenge Jolene's decisions.
-Will Cindy, Zeke, and Keanu be able to go directly to federal court with claims against ABC Corporation?
A) Yes, they will be able to do so.
B) Zeke and Keanu will be able to go straight to court; but plaintiffs alleging coverage based on a mental disability, such as Cindy, must first file a charge with the EEOC or an appropriate state agency.
C) Cindy will be able to go straight to court, but Zeke and Keanu will have to first file a charge with the EEOC or an appropriate state agency because only plaintiffs alleging coverage under the act based on a mental disability may go straight to court.
D) Only Keanu must first file a charge with the EEOC or an appropriate state agency because his claim is the only claim that would involve a substantial amount of money.
E) No, Cindy, Zeke, and Keanu must all first file a charge with the EEOC or with an appropriate state agency, and they will not be allowed to proceed in federal court without doing so.
Correct Answer:
Verified
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