Court Rules That MDA Did Not Violate Law
Following accusations of violating the Americans with Disabilities Act, a court has ruled that the Muscular Dystrophy Association (MDA) did not actually violate this law following the organizations refusal to allow two volunteers with muscular dystrophy to work at one of its camps. The 10th Circuit US Court of Appeals stated that the two volunteers did not meet the necessary criteria in terms of being able to lift and care for a camper.The two volunteers, Gina Bauer and Suzanne Stolz, sued for violation of the ADA in 2003. The two had attended camp as campers for a number of years up until 1994. They then began attending as volunteer counselors.
However, after the policy was enforced in 2002 with regards to being able to lift and care for a camper, the two were told by the camp director that they would be unable to return the following year.
The District Court that originally heard the case ruled in favor of the MDA, but the two plaintiffs appealed. However, the court of Appeals also ruled in favor of the MDA. A statement from the court read: “Title I of the ADA does not require an employer to create a new position or even modify an essential function of an existing position in order to accommodate a disabled worker.”
Topic Added January 3rd, 2006
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Following accusations of violating the Americans with Disabilities Act, a court has ruled that the Muscular Dystrophy Association (MDA) did not actually violate this law following the organizations refusal to allow two volunteers with muscular dystrophy to work at one of its camps.
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