The Legal Issues Report
One of the most pressing legal issues that the Florida School for the Deaf and the Blind is facing is issues pertaining to employee hiring, firing and management. Within this area of employment law, the Florida School for the Deaf and the Blind has faced several discrimination claims filed against them by employees. The majority of these discrimination claims were based on a claim that an employment decision was based on the employee's disability. Because the Florida School for the Deaf and the Blind is a publicly funded entity, it is considered a body of the government and is thus held to a specific standard for determining whether or not they acted in a discriminatory fashion. The Florida School for the Deaf and the Blind claims that they had an important need for the so-called discrimination in that the employee's disabilities prevented them from being able to carry out the important functions required of working with a deaf and blind population. For example, Kevin Nealey, a dormitory instructor, claimed that he was demoted to the stat
Nealey claims he is able to perform all the required functions of the job. In the case at hand, the question is whether or not the Florida School for the Deaf and the Blind's interest in having seeing capable individuals monitor the students in the dormitories is a legitimate interest. If a person can show that their employer is applying the employment practice with a discriminatory purpose, the practice will be invalidated. Because this case specifically involves discrimination based on disability, which the court considers an intermediate class, intermediate scrutiny must be used. Instead, intent can be shown in one of three ways: facial discrimination, discriminatory application or discriminatory motive. This determination is made using an Equal Protection determination. Further, the court must consider whether less burdensome means of accomplishing the employment goal are available. Facial discrimination is simply that the employment is discriminatory on its face as it makes explicit distinctions between classes of persons. The Florida School for the Deaf and the Blind states that a dormitory employee requires the greatest monitoring of children at all times. However, discriminatory effect and discriminatory intent are not two separate factors. A qualified individual is an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.
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