Disable

Christina Arecy, Ashly Campbell, Robert Rodriguez

During a visit to her dentist's office, Sidney Abbott disclosed that although she did not manifest any obvious symptoms she carried HIV. When her dentist, Randon Brandon, refused to treat her in his office, offering to conduct any necessary work at a hospital for no extra charge other than use of the facilities, Abbott challenged his policy as discriminatory. The Court concluded that although the ADA does not force care-givers to treat any persons with the dieses. The Court then reasoned that since HIV "substantially limits" major life activities, such as reproduction, the infection is a "disability" that entitles its victims to ADA protections. The court also decided that care-givers can determine if treating an HIV- positive individual would constitute a "direct threat" to themselves or others

this has helped HIV patient received equal medication help or obtain a job like any regular person or any person with a disability.

BRAGDON v. ABBOTT ( 1997)

Vaughn Murphy was hired by United Parcel Service (UPS) to a mechanics position that required him to drive commercial trucks. Vaughn Murphy was misdiagnosed as meeting Department of Transportation health guidelines. When UPS discovered that his blood pressure exceeded DOT requirements, they fired him. he challenged his dismissal as a form of discrimination prohibited under Title I of the 1990 Americans with Disabilities Act (ADA).

The Court did not find Murphy disabled because he could function normally with the help of blood pressure medication.

This case has helped people not be discriminated against because of high Blood pressure . Also it has help the country rule out that high blood pressure is not a disability because it doesn’t enable a person from doing more than one task.

Murphy v. United Parcel Service( 1999)

Background: George Lane and Beverly Jones put a law

suit against Tennessee because it was not providing the necessary public services. Claiming it violated the

American with Disabilities Act (ADA).

Ruling: The court split 5-4 favoring Lane. Saying that the

state of Tennessee denied the rights of the disabled. Saying

that the states are not being asked for alot

Tennessee vs. Lane(May 17, 2004)

Background: NFB(National Federation of the Blind ) put

a law suit against target because there was not accessible to people with disabilities using screen access technology. Claiming that it violated the Americans With Disabilities Act.

Ruling: • By Feb 28, 2009 Target.com will be fully accessible to blind

people • Made it able for the legally blind to purchase products, redeem gift cards, find Target stores. • Also gave 20,000 funding to California Center for the Blind, a rehabilitation and training center for blind individuals.

NFB Vs. Target ( 2009)

Cheryl Perich filed a lawsuit against the Hosanna-Tabor Evangelical Lutheran Church and School in Redford,  for allegedly violating the Americans with Disabilities Act .  

Perich filed complaint with the Equal Employment Opportunity Commission , because she was fired after she became sick , and became disable.

However  argued that their action were protected by their  "ministerial exception" rights under their first amendment. 

The lower appellate court concluded that the teacher did not qualify as a “minister” and that the exception therefore provided no defense against the teacher’s lawsuit.

Ministerial exception are exception  that gives religious institutions certain rights to control employment matters without interference from the courts

Question: Does the ministerial exception, apply to a teacher at a religious elementary school who teaches the full secular curriculum, but also teaches daily religion classes, is a commissioned minister, and regularly leads students in prayer and worship?

9 votes for the school.  The SCOTUS reverse the decision that the school had their right of their ministerial

exception and that the church has the right to choose whoever they want to employ.  Perish did qualify as a minister and that the “ministerial exception” barred her suit

challenging the church’s decision to terminate her employment , which makes its difficult for the government to get " church or Religion" affairs. 

HOSANNA-TABOR EVANGELICAL LUTHERAN CHURCH AND SCHOOL v. EEOC (2011) 

Timeline

1990 American With Disabilities Right Act passed

1997 BRAGDON v. ABBOTT

2004 Tennessee vs. Lane

2009NFB Vs. Target

1999Murphy v. United Parcel Service

2011HOSANNA-TABOR EVANGELICAL LUTHERAN CHURCH AND SCHOOL v. EEOC (2011

1999Supreme court redefine the American with Disability Act