Restroom use is an essential function of job. A veteran who uses a wheelchair was hired as a telemarketer. He quickly discovered that the company restrooms were not wheelchair accessible, so he requested that they be made so. His request was denied, however, and he was told he would have to find another restroom in some other building. This resulted in the employee having to go home whenever he needed to use a restroom. The employee subsequently quit, claiming constructive discharge, and sued under the ADA. In Lerman v. Xentel, the company defended by claiming that restroom use is not in any job description and was not an essential function of the job, thus requiring no accommodation. But the court disagreed. Forcing an employee to leave work every time a restroom is needed interferes with the essential function of attendance and the ability to work one’s schedule (S.D. Florida, 2009).
Company’s training at hotel is a public accommodation. Title III of the ADA generally requires companies to provide “public accommodations”including restaurants, hotels, theaters and storesto be physically accessible for people with disabilities.In Jensen v. United First Financial, the court validated a Title III ADA suit of independent-contractor sales representatives with hearing impairments. The company held sales meetings in a hotel conference center, but it did not provide the auxiliary technology or services necessary for people with hearing impairments. As a result, the sales reps could not effectively participate. The ruling: Once a company rents meeting space and “takes control” of that room, it becomes a “public accommodation” as to the program and must meet the Title III public-accessibility requirements (D. Utah, 2010).
