Mr. Damien is a teacher at the Wabash Academy, a private boarding school. He has a twenty-one-year— old son, Dave, with bipolar affective disorder, formerly called manic depression, a mood disorder.
Textbook. Apply IRAC to the following hypothetical: Mr. Damien is a teacher at the Wabash Academy, a private boarding school. He has a twenty-one-year— old son, Dave, with bipolar affective disorder, formerly called manic depression, a mood disorder. While visiting Mr. Damien, Dave has repeatedly threatened members of the school community. On one occasion, Dave abducted the principal’s sixteen—year—old daughter and attempted to have her admitted to a psychiatric hospital. Dave also made threatening phone calls to the principal. In one call, he claimed to have drained several quarts of his own blood from his body because he was not permitted to communicate with the principal’s daughter. Mr. and Mrs. Damien refuse to prevent their son from visiting their home on the school’s campus. As a result, the school has fired Mr. Damien. He claims that the termination of his employment violates the Americans with Disabilities Act (ADA) of 1990. The ADA prohibits an employer from discriminating against a person because he or she is related to a person with disabilities. Under case law interpreting the ADA, however, employment is not protected if a disabled relative poses a direct threat to the health and safety of others. Label your assignment IRAC Discussion. Use the following format: Issue: This issue is . . . Rule: The governing law is (explain). Under the ADA (describe the requirements of the law) Application: Apply the law to facts. Explain how the elements of the law apply to the facts of this case. Conclusion: Because. .. [This should be your conclusion based on the law and the facts].
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