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Question
Agnes, a waitress at a restaurant, suffers severe anxiety attacks when things get really busy at her job. As a result, she is a very ineffective waitress when the restaurant is crowded. For this reason, she is fired. Maybe her employer could have assigned Agnes to shifts when the restaurant is not busy, but this would have irritated the other waitresses, caused significant scheduling difficulties, and appreciably increased expenses. If Agnes sues the restaurant under the Americans with Disabilities Act (ADA), the restaurant's best argument would be:
A. that Agnes's anxiety attacks are not a disability under the ADA.
B. that the ADA doesn't require employers to accommodate such disabilities.
C. that accommodating Agnes would cause the restaurant undue hardship.
D. that the ability to handle stress is a BFOQ for the job of being a waitress.
Answer
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