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Kroll v. White Lake Ambulance Authority  Case Question S1.What was the legal issue in this case? What did the appeals court decide? 2.What  factors  does  the  EEOC  use  to  determine  whether a procedure constitutes a “medical ex-amination” under the ADA? How does the appeals court apply these factors in this case? 3.Why does it matter whether the “psychological counseling” that the plaintiff was ordered to undergo was a medical examination? On remand, do you think that the counseling will be found to be job-related and consistent with business necessity? Why or why not? 4.What is Justice Sutton’s argument in his dissenting opinion? Are you more persuaded by the majority opinion or the dissenting opinion? Why? 5.What are some practical implications of this decision for employers dealing with employees who appear to be having emotional or behavioral problems? Breiner v. Nevada Department of Corrections610 F.3d 1202 (9th cir. 2010) case Question 1.What were the legal issues in this case? What did the court decide? 2.Why did the court reject the NDOC’s “de minimis” argument? 3.What criteria for establishing a BFOQ are discussed in this case? 4.Why was the NDOC’s BFOQ defense not successful? How is this case different from other corrections cases in which the BFOQ defense was established? 5.Do you agree with the court’s decision? Why or why not?

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