Monday, May 17, 2021 6:01:05 PM
For ADA to be applicable there are three prongs that must be met to establish a prima facie case of discrimination regarding a disability.
#1 The person is in protected class. In this case PT would need to establish a disability (or perception of a disability). A disability is a physical or mental impairment that substantially limits a life activity. Being 80+ years old is not a disability. Having a cold or flu does not meet the standard of a disability. Ergo PT does not have a disability and is not in a protected class related to ADA. What say the judge to Perry Mason? "Case dismissed"! However, for the sake of discussion we'll take the advice of Ernie Banks and "Let's play two".
#2 The person suffered an adverse action based on the discriminatory action. Did PT lose his job? Get demoted? Lose any financial gain or suffer any reputation loss? Nope. Let's check with our judge again, Mr. Mason. Ruling - "Case Dismissed."
Sorry - No ADA claim. Just like the gold, nothing to see here keep moving along.
But keep up with the Red Herring distractions. Again.... I refer to the test mining blabber. Whatever it takes to keep the focus off the fact that no gold and no progress has occurred.
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