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Blake works for Big Box Warehouse, a store which sells items that come in big boxes, including appliances. Blake is a co

Posted: Sun May 08, 2022 8:02 pm
by answerhappygod
Blake works for Big Box Warehouse, a store which sells items
that come in big boxes, including appliances. Blake is a
commissioned employee who works in the appliance area of the store
and is just learning the trade. Blake is a well-groomed, bright and
articulate, and eager employee. Blake has a medical condition which
causes visible involuntary facial tics or twitches from time to
time. Blake experiences facial tics just a few times during any
shift, but they become more frequent and more severe when Blake
engages in anything strenuous, like moving big boxes of products,
as is sometimes required of employees at Big Box Warehouse. Blake's
supervisor is concerned that Blake's condition may turn off
customers, and so Blake's supervisor is diverting Blake to
answering phones when new customers come to the store. Blake's
co-workers, as commissioned employees, rush to meet new customers
when they enter the store to shop. After several weeks of being
diverted to phones and beaten to new customers, Blake has earned
very little in commissions. Blake asks the general manager of Big
Box Warehouse to be moved to another shift or another department,
sharing the belief that both the supervisors and the co-workers are
engaging in discriminatory conduct due to Blake's medical
condition. Blake's general manager has counseled the supervisor to
treat Blake as any other appliance department employee is treated,
but has declined to move Blake to another Department, citing
problems with scheduling. Does the American’s with Disabilities Act
protect Blake in this situation? If so, what protections would
Blake be entitled to? Fully explain your position.