In this instance, Lawyer Smart thinks it is unlikely that Mr. Ganizer
could win a suit against the public university in question under the
Americans with Disabilities Act because although the terms of the act
requires employers to make reasonable accommodates to individuals with
medical disabilities, the individual in question must be able to perform
the essential functions of the job with or without reasonable
accommodations. What this means is that employers are not obligated to hire
an individual if he or she cannot perform the skills needed to do the main
parts of the job. Furthermore, the university is a public as well as a
private institution, complicating the legal ramifications of the act.
But a recent amendment, called Section 508, to the Rehabilitation Act
of 1973 requires that electronic and information technology developed,
procured, maintained, or used by the Federal government be accessible to
people with disabilities. This is one reason, besides the fact that the
university receives federal funding, that lawyer Smart may think there is
hope for winning a suite against the university under the Federal
Rehabilitations Act of 1973. In this particular instance, no efforts were
made by the registrar to make it easier for Mr. Ganizer to perform his
actions necessary for the job through the use of technology.
Given the 1973 law's recent change in 1998, it is likely that Mr.
Ganizer's suite under the Federal Rehabilitations Act of 1973 will enable
lawyer Smart to gain restitution for his client. Firstly, Ganizer's
supervisors were made aware, early on, of his disability. Although Mr.
Ganizer made a good faith effort to inform his employers of his disability,
they did nothing to make it easier for him to perform his job to the best
of his ability using informational technology available to the registrar.
...