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All Jurisprudence based

0 tracked cards Labor and Social Legislation

Global Freight Co., a private logistics company with 900 employees, posts a vacancy for a Fleet Maintenance Supervisor. The job requires occasional driving to remote sites and lifting up to 60 pounds. Maria, 31, uses a wheelchair due to a spinal cord injury, applies for the position and is interviewed. During the interview, HR states that the driving and lifting requirements would render her disability incompatible and adds that accommodating her would be costly and impractical. The company declines to hire Maria and refuses any accommodation. Maria sues under RA 7277. (a) Identify the central doctrine governing RA 7277 and the controlling standard for evaluating employment discrimination against persons with disabilities. (b) Explain how RA 7277's duty of reasonable accommodation interacts with the employer's defenses of undue hardship or essential job functions. (c) Apply to the facts: has Global Freight discriminated against Maria? What remedies are available?

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RA 7277 creates private rights of action only for harassment; it does not address hiring decisions or accommodations, and monetary damages are not available for discriminatory hiring decisions. RA 7277 prohibits employment discrimination against persons with disabilities and imposes a duty to provide reasonable accommodation to enable performance of essential job functions, unless such accommodation would impose an undue hardship; on these facts, Global Freight discriminated, and remedies include reinstatement or hire, back wages, and damages for discrimination. Under RA 7277, an employer may always require the same physical standards for all workers and decline to hire a disabled applicant if the job’s essential functions cannot be performed even with accommodation; remedies are limited to reimbursement of any accommodation costs. The central doctrine is that disability status is a protected class, but RA 7277 does not require accommodations in private employment; the remedy for discriminatory hiring is only a declaration of rights without reinstatement or back pay.

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