Memorandum international management associated essay

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Memorandum international management associated essay

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Daniels will be able to make out a prima facie case of ADA discrimination if he can overcome two hurdles. Daniels must successfully argue that he is an otherwise qualified individual and withstand the challenge by the defendants that he is a direct threat and therefore not qualified under the meaning of the ADA.

He suffers from a drug resistant strain of tuberculosis "TB" most likely acquired during incarceration in a Russian jail and was determined to require quarantine Comp.

Daniels filed a complaint in May of with the District Court of Arizona challenging the conditions of his confinement pursuant to federal and state equal protection, due process, and statutory law.

The named defendants are: The Center has been used in the past to house civilly confined persons under quarantine despite allegations that it was known that the treatment, specifically the punitive conditions of confinement, were the same for both those criminally incarcerated seeking medical treatment and those civilly committed due to illness.

Sheriff Arpaio, specifically, stated that he would not differentiate between an inmate and person with a contagious disease; he would treat them in the same manner and they would be housed under the same conditions. Despite the conditions of his confinement, the medical reality is that he is probably better off under some type of medical isolation than he would have been had he not been confined.

This conduct will likely be raised by the defendants as the district court weighs his ADA claim. Daniels will be successful in his ADA claim 7.

It is unclear at this point whether Mr. If his health has not improved than the question may be whether the conditions of his confinement contributed to any deterioration in his health.

Daniels being subjected to unreasonable searches and handling by jail guards, could have exposed other people in the Center community to TB, i.

A jail is a particularly risky setting in which to have a person with this serious a type of TB precisely because the inmate population can be high-risk, i. Beyond asking whether the legal rights afforded to the inmates under both the ADA and Eighth Amendment are being violated, 9 there is an argument that by placing Mr.

Daniels in this setting the Maricopa County officials actually created or allowed a greater public health risk to exist than if they had committed Mr.

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Daniels to a more traditional hospital ward. Title II of the ADA provides broad protection from discrimination by public entities i against disabled persons on the basis of their disabilities.

Section states that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.

The plaintiff can argue that denial of a public benefit is discriminatory under the ADA because it is discriminatory on its face, amounts to intentional discrimination, and constitutes disparate treatment of disabled persons. It is very likely that Mr. Daniels will be able to allege that some of the conditions of his confinement, such as having the lights on 24 hours a day, not having access to a shower or outdoors for long periods of time, being deprived of any contact with family members and outside events, are violations of Title II of the ADA.

Based on the factual allegations raised in the complaint, he should have little difficulty in establishing the first and last elements — that his TB is a disability covered by the ADA and that he was intentionally discriminated against because he has TB.

The two biggest challenges to the plaintiff here will be 1 meeting the second element by ensuring that he is an otherwise qualified individual, which means showing that he is not a direct threat and 2 meeting the third element and providing sufficient legal reasoning as to why as a civilly confined person he is entitled to at least the same baseline protection as those who are criminally incarcerated.

Daniels will successfully establish the first element; his drug resistant strain of TB is an ADA protected disability. The ADA uses a three-prong test to define "disability.

A disability is defined as " A a physical or mental impairment that substantially limits one or more of the major life activities of such individual; B a record of such an impairment; or C being regarded as having such an impairment.

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Federal regulations identify TB, specifically, as a physical impairment that substantially limits one or more major life function. Daniels will be able to establish that his drug resistant strain of TB is a disability within the meaning of the ADA. Daniels meets the disability definition under subsection one.

Breathing is an enumerated major life activity, 28 C. As a result of the TB, Mr. Daniels is unable to breathe properly, which has substantially limited a major life activity. Additionally, the severity of his particular TB has necessitated substantial medical treatment, thereby creating a vast record of his impairment.

Lastly, his civil confinement and isolation indicate that the state of Arizona and its agents regard him as having such impairment.Official Journal of IACM | Published by Wiley Blackwell Our Mission The International Association for Conflict Management was founded to encourage scholars to develop and disseminate theory, research, and experience that is useful for understanding and improving conflict management in family, organizational, societal, and international settings.

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Memorandum international management associated essay

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