1.   Hank Smith worked for Acme Construction Co. for 32 years. He was terminated at age 67 and replaced by a much younger employee. His only evidence of age discrimination is an email from the manager of his department stating that he (the manager) understood how long Hank had worked for Acme, but that Hank was not as effective doing his job as in the past. Does Hank have valid grounds for an age discrimination claim? Explain.

 

2.   Alice Jones was a nurse who had suffered three back surgeries over a seven-year period while lifting patients in her work. She was placed on light duty, followed by an administrative leave. Following the leave period, he doctor imposed a lifting restriction of 25-30 pounds, so the hospital offered her a job as a clinical case manager. Alice declined the case manager position and was subsequently fired. Alice sued the hospital under the ADA for failing to accommodate her disability. The hospital claimed that she was not disabled because she could still perform a large number of other jobs, both within and outside the hospital, even with the same restriction. Does Alice have a case? Explain