Legal Research Paper Fact Situaion

So I have to write this two page, double-spaced, paper that contains a little story on why my company is getting sued. I had a little help with some real life situations and I think I came up with a pretty good little story... Enjoy!

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MMC Corporation hired Al Jordan as an accountant into a five-people team two years ago when he was 39. Al is obviously handicapped because he has to walk around with crutches. Nobody knows the extent of his condition because it is against company policy to ask that when they were considering his candidacy. The hiring coordinator was informed that he had to resign from his last job because of medical issues and was otherwise very competent at his job.

After a valid and reliable competency test plus three rounds of interviews, Al was selected out of the final pool of five candidates. Very little accommodation had to be made. His cubical was close to the elevator on the second floor and was slightly bigger to have enough room for him to store his crutches when he was working in his cube. His desk was equipped with a telephone, a computer with in-house email and messaging service, an adjustable chair with wheels, and filing cabinets that were very easy for him to reach without standing up. Al had consistently received good ratings on his performance appraisal from his supervisor Janis Franklin.

The other team members’ age range from 25 to 45 of both gender and various ethnic background. All is active in the company softball team. The four members tried to make Al comfortable and regularly invited him to join them for lunch. Al is the touchy feely type. He tends to put his arm around their shoulder, rub their back and arm, lean close, etc. He often violates other people’s personal bubble. Although the company has a robust policy to handle sexual harassment, the team members never reported his behavior because it wasn’t serious, he did it to everyone, and could be tolerated. Everyone were courteous to Al, but never became real friends with him because he was considered to be a little creepy. About 10 months ago during lunch, while Beatrice Landis was unawares, Al leaned in and kissed her on the cheek in front of everybody. She pulled away and the whole group was immediately uncomfortable with the situation. During a softball game that afternoon the group figured Al most likely meant well and was a great business partner aside from his creepiness. They agreed it wasn’t serious enough to report to Janis, but they should put a little distance between Al and them. The members stopped inviting him to lunch and kept their contacts with him to minimal. They only contacted him when there was a business necessity.

As it turned out, Al didn’t have any friends other then the nice people who invited him out to lunch because of the way he behaved. He didn’t understand why his friendly behavior was not welcomed by others since he had no friends to speak of that would tell him. He was upset that other people seemed to be avoiding him. His performance suffered because he was emotionally distressed. This was reflected on the most recent performance appraisal. Janis asked Al if she could help in any way to boost his performance and were there any issues or concerns regarding the team. Al was too embarrassed to tell her his performance suffered because he didn’t have friends and that the team was nicer than other people he had worked with.

Al’s performance continued to decline and he resigned two weeks ago on an at-will basis. He is now suing MMC Corporation for constructive discharge because of the way he was treated by the other team members, ADA accommodation because there were no company sponsored recreational activity he could have joined with the other team members, and age discrimination because he turned 41 and most of the other members were younger than him.