Doe allowing him to retain a position within the company. His claim under the ADA appears to be very strong and supported by the facts. An adverse decision could be damaging to the company, not only financially, but also from the standpoint of bad publicity. However, any financial burden imposed on the company by a jury under the ADA could be dwarfed by an award under the ADEA. Juries have a tendency to emphasize more with older plaintiffs where they may not with plaintiffs suing under sex or disability discrimination. Settlement would be the best outcome. By all accounts Mr. Doe was a valuable employee and there should be a place for him within this company.
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Americans with Disabilities Act. U.S. Department of Justice. (n.d.). Retrieved April 18, 2005 at http://www.usdoj.gov/crt/ada/adahom1.htm.
The Americans with Disabilities Act Questions and Answers. Consumer Law Page. (n.d.). Retrieved April 18, 2005 at http://consumerlawpage.com/brochure/disab.shtml.
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