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QUESTION

DS 2

Post by Day 3 a 2- to 3-paragraph (at least 200 words) description and judgment of the case you selected. In your description include the key facts of the case, the equal opportunity laws that apply to the case and why those laws apply, and the decision the court must make in the case. Provide an explanation of how you would decide the case if you were the judge and the reason for your decision.

Case #25 states that Herbert Fox worked as a furniture salesman for 25 years with the same company.  He took a medical leave of absence (MLOA) due to clinical depression.  Fox was then scheduled to return at a certain date and could not, so the company and Fox came up with an agreement for another return to work date.  Before his second return date, he requested a later start time or to work part-time due to the side effects of his medication.  Fox was denied this request and was expected to be at work on the agreed date and was expected to perform at 110% capacity.  He did not report to work on the agreed-upon date and filed for disability benefits.  Then company then terminated him, and Fox filed a “discrimination suit against the company alleging that the requirements attached to his return to work caused a relapse of his depression.” (Nkomo, Fottler, & McAfee, 2011, p. 59)

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