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Imaginary Apartments Case Summary

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In the case where Cheri Crawford, the property manager of Imaginary Apartments terminates Able Joseph for lying about his application raises the question whether an employee should disclose a disability to a potential employer and risk being denied the job opportunity. Further, the case raises the question whether the employer had a right to dismiss the employee after finding out that he suffered from non-epileptic seizures.
The facts for the case were; indefinite dismissal for failure to disclose a disability. Able, while applying for the job, stated that he was not disabled and thus required reasonable rather than special accommodation to perform his functions as a secretary. However, one day, Able brought a service dog to work to alert him in case of a seizure. Able explained that he suffered from non-epileptic seizures but was on regular medication to control the condition and thus had not though the issue was a factor in the job application.
Crawford gave Able the rest of the day off …show more content…
Further, by allowing Able the two days off to return to work on Monday was a reasonable accommodation under ADA. In Hanson v. Lucky Stores, Inc., (1999) the court held that a finite leave can be a reasonable accommodation, provided it is likely that at the end of the leave the employee would be able to perform his or her duties.
Further, in Jensen v. Wells Fargo Bank, (2000) where the court held that holding a job open for a disabled employee who needs time to recuperate or heal is in itself a form of reasonable accommodation where it appears likely that the employee will be able to return to an existing position at some time in the foreseeable future. Therefore, there was no reason to deny Able the opportunity to carry on with his job since it was apparent that he could still perform his

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