Case Law Study Example | Topics and Well Written Essays - 1500 words

Law - Case Study Example American Disability Act (ADA) â€Å"applies to disabilities that affect a major life activity, and those areas of coverage are vision, mental and motor skills, ability to care for one’s self and commute to employment†. In the case of Miss Clark, the fact that she is blind has been known to the company for a long time, as she holds the Vice-President position. Even though she is suffering from visual impairment, it did not prevent her from fulfilling her duties and responsibilities as the Vice-President of the company. However, due to her physical disability, the company refused to promote her to the position of Senior Vice-President because they think that she is not capable enough to carry-out the functions of an SVP. In spite of this physical defect, she has remained loyal to the company and worked for them in several years. Without a doubt, there is a clear violation of the law when the employer prevented the career advancement of Miss Clark by denying her of the pos ition of the Senior Vice-President. It bears stressing that she has surpassed the qualifications for the position of the SVP as seen in her work performance, professionalism and competencies in the execution of her duties and responsibilities in the company. This has been further bolstered by the good working relationship she shares with her colleagues and subordinates. To illustrate the reasonableness of her promotion, ADA provides steps or guidelines for the victim-employee to prove disability discrimination in order to file a valid claim against the employer. The following requisites are: First: A physical or mental impairment that substantially limits one or more of the major life activities of such individual; Second: A record of such impairment, or being regarded as having such impairment; and Third: Accordingly, to fall within this definition, one must have an actual disability, have a record of disability or be regarded of having one. Verily, in the light of the justifications provided