Define disability and essential function and how the two interact according to the law.
What will be an ideal response?
As a general rule, the ADA prohibits an employer from discriminating against a “qualified individual with a disability.” A “qualified individual” is one who is able to perform the “essential” (i.e., primary) functions of a job with or without accommodation. An employer’s written job description is key to determining essential functions (Danaher, 2013). The ADA Amendments Act of 2008 prohibits consideration of mitigating measures in determining whether an individual has a disability, with the exception of ordinary eyeglasses and contact lenses (Brennan, 2009). A “disability” is a physical or mental impairment that substantially limits one or more major life activities, such as walking, talking, seeing, hearing, or learning. Persons are protected if they currently have an impairment, if they have a record of such an impairment, or if the employer thinks they have an impairment (e.g., a person with diabetes under control) (EEOC, 2017d).
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In divorce cases, there are three types of jurisdictional issues that are relevant to divorce cases. They do not generally include:
a. Subject matter jurisdiction. b. In personam jurisdiction. c. In rem jurisdiction. d. Quasi in rem jurisdiction.
When a second probate proceeding must be started in another jurisdiction, that probate is known a small estate settlement
a. True b. False
Judie and Ben are getting divorced after thirty years of marriage. They have a limited number of assets: the home which they bought together but put in Ben's name for estate planning purposes; a stock portfolio that they built together that Judie managed and increased in value beginning with stocks initially selected by Ben: and a sailboat for which Ben paid the down payment and Judie paid the
mortgage. Ben receives a substantial social security check each month and Judie a much smaller one. Which of the following would courts in most states be LEAST likely to consider marital property subject to division upon Judie and Ben's divorce? A) the marital residence B) appreciation in the value of the stock portfolio C) the parties' social security benefits D) the sailboat
The legal way to make changes to an existing will is through a[n]:
A) Change order. B) Amendment. C) Codicil. D) Power of attorney.