Helen Baker suffers from a condition that causes her to have periodic severe headaches. There is no cure for the condition and her pain is managed with medication that makes her sleep until the episode is over. When Helen has a headache, it could last anywhere from 1 day to 10 days. When Helen is not bedridden because of a headache, she is active and productive. She has been trained as a medical secretary and would like to continue to work. She has asked her employer to allow her to work flex time to accommodate her condition. Her employer, City Hospital, has denied her request because it would be impossible to prepare a schedule for her department, never knowing if she will be able to work or not.
A) City Hospital is liable under the ADA for refusing to accommodate Helen's disability.
B) City Hospital is not liable because Helen is not otherwise qualified for the job because of her inability to be present at work on a regular basis.
C) Helen will not prevail on her claim under the ADA because she is not disabled everyday.
D) None of the choices are correct.
Correct Answer:
Verified
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