Reference no: EM132161588

AB Distribution, Inc., employed QY, Inc., to run its tire mounting and distribution operation in Mount Valley, Ohio. Robert Chase worked for QY as a second-shift supervisor at Titan. He suffered a heart attack in 2000 and underwent heart bypass surgery in 2001. He also had arthritis. In July 2006, AB Distribution decided to terminate QY. Chase applied to work at AB Distribution, Inc. On his application, he described himself as having a disability. After a physical exam, AB’s doctor concluded that Chase could work in his current capacity, and he was notified that he would be hired. Despite the notice, Natalia Baron, an AB employee, wrote “not pass px” at the top of Chase’s application, and he was not hired. He took a job with APCO Systems, a parking ramp management company. This work involved walking up to five miles a day and lifting more weight than he had at AB. In September 2008, AB eliminated its second shift. Chase filed a suit in a federal district court against AB, in part, under the Americans with Disabilities Act (ADA). AB Distribution argued that the reason it had not hired Chase was not that he did not pass the physical, but no one—including Baron—could explain why she had written “not pass px” on his application. Later, AB claimed that Chase was not hired because the entire second shift was going to be eliminated

A. What must Chase establish to make his case under the ADA? Can he meet these requirements? Explain.

B. In employment-discrimination cases, punitive damages can be appropriate when an employer acts with malice or reckless indifference to an employee’s protected rights. Would an award of punitive damages to Chase be appropriate in this case? Discuss.