This topic contains a solution. Click here to go to the answer

Author Question: Discrimination Based on Disability. PGA Tour, Inc, sponsors professional golf tour-naments. A player ... (Read 91 times)

cnetterville

  • Hero Member
  • *****
  • Posts: 547
Discrimination Based on Disability. PGA Tour, Inc, sponsors professional golf tour-naments. A player may enter in several ways, but the most common method is to compete suc-cessfully in a three-stage qualifying tournament known as the Q-School. Anyone may enter the Q-School by submitting two letters of recommendation and paying 3,000 to cover greens fees and the cost of a golf cart, which is permitted during the first two stages, but is prohibited during the third stage. The rules governing the events include the Rules of Golf, which apply at all levels of amateur and professional golf and do not prohibit the use of golf carts, and the hard card, which applies specifically to the PGA tour and requires the players to walk the course during most of a tournament. Casey Martin is a talented golfer with a degenerative circulatory disorder that prevents him from walking golf courses. Martin entered the Q-School and asked for permission to use a cart during the third stage. PGA refused. Martin filed a suit in a federal district court against PGA, alleging a violation of the Americans with Disabilities Act. Is a golf cart in these circumstances a reasonable accommodation under the ADA? Why or why not?

Question 2

Express or actual authority may only be created by written instruction or written contract.
 a. True
  b. False
  Indicate whether the statement is true or false



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

nixon_s

  • Sr. Member
  • ****
  • Posts: 359
Answer to Question 1

Discrimination based on disability
The court ordered PGA to permit Martin to use a cart. PGA appealed to the U.S. Court of Appeals for the Ninth Circuit, which affirmed the order of the lower court. PGA appealed to the United States Supreme Court, which affirmed the lower court's decision, ruling that a golf cart is a reasonable accommodation for a disabled athlete. PGA argued that making an exception to its walking rule would fundamentally alter the sport of golf. The Supreme Court disagreed, stating that the se of a cart is not inconsistent with the fundamental character of the game of golf, PGA's tours, or the third stage of the Q-School. Golf is defined by shot-making, not by walking. The Court explained that the ADA is applied case by case. In other words, the needs of a disabled person is evaluated on an individual basis. Thus, in this cases, even if petitioner's factual predicate is accepted, its legal position is fatally flawed because its refusal to consider Martin's personal circumstances in deciding whether to accommodate his disability runs counter to the ADA's requirement that an individualized inquiry be conducted.

Answer to Question 2

FALSE




cnetterville

  • Member
  • Posts: 547
Reply 2 on: Jun 24, 2018
Wow, this really help


amandalm

  • Member
  • Posts: 306
Reply 3 on: Yesterday
Excellent

 

Did you know?

Computer programs are available that crosscheck a new drug's possible trade name with all other trade names currently available. These programs detect dangerous similarities between names and alert the manufacturer of the drug.

Did you know?

Only one in 10 cancer deaths is caused by the primary tumor. The vast majority of cancer mortality is caused by cells breaking away from the main tumor and metastasizing to other parts of the body, such as the brain, bones, or liver.

Did you know?

According to the American College of Allergy, Asthma & Immunology, more than 50 million Americans have some kind of food allergy. Food allergies affect between 4 and 6% of children, and 4% of adults, according to the CDC. The most common food allergies include shellfish, peanuts, walnuts, fish, eggs, milk, and soy.

Did you know?

Drug abusers experience the following scenario: The pleasure given by their drug (or drugs) of choice is so strong that it is difficult to eradicate even after years of staying away from the substances involved. Certain triggers may cause a drug abuser to relapse. Research shows that long-term drug abuse results in significant changes in brain function that persist long after an individual stops using drugs. It is most important to realize that the same is true of not just illegal substances but alcohol and tobacco as well.

Did you know?

Certain rare plants containing cyanide include apricot pits and a type of potato called cassava. Fortunately, only chronic or massive ingestion of any of these plants can lead to serious poisoning.

For a complete list of videos, visit our video library