Under the ADA the qualifications of an individual with a disability Ms.

Arney met the

requirements with a physiological impairment of cerebral palsy. This does not mean that the
employee cannot perform the same duties as a non-disabled employee. The individual just may
need an accommodation such as a chair to sit in while being able to perform the duties required.
The employer will need to accommodate unless it can be proven that the request or
accommodation will have an undue hardship. An undue hardship would be categoried as added
cost or an additional financial resource !"heesman# $%&'(. )n this particular instance there was
not an additional cost and the request of a chair to rest her legs would not cause and undue
hardship on *al-Mart.
The +qual +mployment ,pportunity "ommission !++,"( is a federal agency that is in
charge of enforcing anti-discrimination laws. The ++," panel is empowered with the duties to
investigate and can bring lawsuits against employers to uphold the laws. The ++," has the
mandate to investigate any charges of discrimination that fall in ordinance with race# color#
religion# origin# age# gender# disability or genetic information !"heesman# $%&'(.
)n any wor-place setting a person may file a complaint with the ++," if the individual
feels any discrimination. This will not lead to an immediate lawsuit however the problem or
issue may be resolved through mediation with both parties involved. )n spite of this potential
resolution there will be times that mediation will not bring closure to the issue and at this time
the ++," can further the investigation and bring charges against the employer. There are two
scenarios that can evolve into a lawsuit one being if the ++," decides to sue. the complainant
may not bring separate charges as the ++," will be representing the individual. Although if the
commission decides not to file suit a letter of right to sue will be sent to the complainant so that
the individual may file a lawsuit !U./. +qual +mployment ,pportunity "ommission# n.d.(.
Depending on the state of residence there is an alternative to filing a complaint with the
++,"# there is another entity the 0air +mployment 1ractices Agency !0+1A(. Most li-ely if an
individual files a complaint with the 0+1A rather than then ++," then there may be a particular
state law that protects the individual from discrimination under the federal laws !"heesman#
$%&'(. *ith these avenues readily available an employee has access of protection for an equal
opportunity to wor- just li-e any other individual.
2eferences
"heeseman# 3. 2. !$%&'(. 4usiness 5aw6 5egal +nvironment# ,nline "ommerce# 4usiness
+thics# and )nternational )ssues. 2etrieved from
http677www.coursesmart.com789:%&'$;:8%<'<
U./. +qual +mployment ,pportunity "ommission. !n.d.(. Filing a Charge of Discrimiation.
2etrieved from http677www.eeoc.gov7employees7charge.cfm