Case Problem:
Katharine Richardson was hired by Friendly’s Ice Cream Corporation (Friendly’s) as an assistant manager of its Ellsworth, Maine, store in 2000. Between 2000 and 2006, Richardson performed both administrative and manual tasks as a part of her job. In January of 2006, Richardson began to experience severe pain in her right shoulder. The pain was caused by the manual tasks that she had been performing at work. The company sent Richardson to see a physician, who diagnosed Richardson with shoulder impingement syndrome. The physician recommended that Richardson stop doing the manual tasks she had been doing at Friendly’s. Richardson continued to work until September of 2006, when she took a leave of absence to undergo shoulder surgery. After the surgery, physicians indicated that Richardson would still be unable to perform manual tasks at Friendly’s. When Richardson did not recover as quickly as anticipated, the company terminated her employment, explaining that she was disabled and had exceeded the leave guaranteed her by the Family and Medical Leave Act. Friendly’s moved for and won summary judgment after the close of discovery. Richardson appealed, arguing that she was discharged because of her disability. Friendly’s argued that Richardson was no longer qualified for the position because she could not perform the essential functions of the position with or without reasonable accommodation. What was the essential function of Richardson’s position? How do you think the appellate court ruled?
Your answer must be, typed, double-spaced, Times New Roman font (size 12), one-inch margins on all sides, APA format and also include references.