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Inez got a job working in a warehouse. There are plenty of jobs that need to be done, from scanning incoming and outgoing orders to hauling 20kg boxes. Inez complains that carrying the heavy boxes is aggravating her shoulder disability that is making it increasingly painful and difficult for her to work. Her supervisor tells her, "If you don't want to do heavy lifting then you shouldn't be in this job." Inez keeps being assigned to hauling heavy boxes, even though there are plenty of other less labour intensive tasks she could do around the warehouse.

1) Assess whether Inez's employer is liable for discrimination. Do any defences apply?

User Choma
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Final answer:

Inez's employer may be liable for discrimination if they fail to make reasonable accommodations for her shoulder disability. The employer could raise defenses such as the business necessity defense. Evaluating the specific circumstances of the case is necessary to determine liability.

Step-by-step explanation:

According to the information provided, Inez complains that carrying heavy boxes aggravates her shoulder disability and makes it difficult for her to work. Her supervisor tells her that if she doesn't want to do heavy lifting, she shouldn't be in the job. In assessing whether Inez's employer is liable for discrimination, the employer may be liable if they fail to make reasonable accommodations for Inez's disability. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to employees with disabilities, unless doing so would cause undue hardship to the employer.

In this case, if Inez's employer is aware of her shoulder disability and continues to assign her to tasks that worsen her condition, this could constitute discrimination under the ADA. However, there may be defenses that the employer can raise. One possible defense is the business necessity defense, which means the employer can argue that the heavy lifting is necessary for the job and there are no reasonable accommodations that could be made for Inez. If the employer can prove that lifting heavy boxes is an essential part of the job and accommodating Inez would create a significant difficulty or expense, they may be able to avoid liability.

It is important to note that the specific circumstances of the case would need to be evaluated to determine liability for discrimination, and consulting with an employment law expert would provide the most accurate and tailored advice.

User Joon Kyoung
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