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Many a museum has struggled with the requirements of the ADA.  Here's a
mirthful little holiday story to add to your knowledge on the topic.

Shop Talk
Even Rudolph would collect under the ADA

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   A seasonal message employers need to heed: Under the Americans with
   Disabilities Act, Santa would be liable to his reindeer, even for
   perceived disabilities.

   Based on ADA rulings from the 6th U.S. Circuit Court of Appeals, which
   covers Ohio, a Cincinnati law firm prepared the following case analysis
   based on the classic "Rudolph the Red-Nosed Reindeer."

   Kriss Kringle, also known as Santa Claus, runs a toy factory up north,
   which is determined to be in Alaska and therefore covered by American
   laws. Santa employs elves to make toys and reindeer to deliver them to
   children in Ohio and around the world.

   Santa's job description for the reindeer is that they must be able to
   eat magic corn and be skilled at flying.

   Rudolph, son of reindeer team member Dasher, wanted to emulate his
   father and help fly Santa's sleigh. But when Santa saw Rudolph's red,
   glowing nose, he mistakenly believed the young buck was incapable of
   doing the job and he told him so.

   Despite eating magic corn and flying as well or better than any of the
   other reindeer, Santa again told Rudolph he was disqualified from the
   delivery job. Rudolph's supervisor and co-workers crudely ridiculed his
   red nose during reindeer games and, upset, Rudolph flew away.

   Rudolph then sued Santa in U.S. district court, claiming he had been
   discriminated against because of his perceived impairment. The district
   court ruled Rudolph's case fell under one of the three types of
   situations in which ADA could apply: That the individual may have no
   impairment but is regarded by the employer as having a substantially
   limiting impairment.

   The court ordered Rudolph reinstated with back carrots and magic corn.
   Santa also had to pay Rudolph's attorneys' fees.

   The bottom line, according to employment law attorneys at Denlinger
   Rosenthal & Greenberg, is that courts have determined ADA also prohibits
   discrimination against individuals who are not disabled but are treated
   as such.

   Attorneys also point out that Santa's job description came back to haunt
   him once Rudolph demonstrated his ability to perform the description's
   essential functions.

   So the holidays, as it turns out, might be a good time to review
   employment policies and job descriptions and train supervisors on the
   requirements of ADA and other employment laws.

 Notable upcoming birthdays of Central Ohio executives

   Richard Ayish, owner, Ohio Capitol Policy Group: Dec. 8

   Laralyn Sasaki, program manager, Ohio State Bar Foundation: Dec. 8

   Tim Whipkey, financial planner, Steinhaus Financial Group: Dec. 8

   Bob Roach, president, Columbus Recreation & Parks Commission: Dec. 9

   Les Bostic, founder and director emeritus, Buckeye Ranch: Dec. 9

   Mac Ware, president, Renovators Inc.: Dec. 9

   Gordon Proctor, director, Ohio Department of Transportation: Dec. 10

   Mike McBride, CEO and co-founder, Strategic Resource Partners: Dec. 11

   David Rogers, club attorney, Dornoch Golf Club: Dec. 11

   William Weiss, owner, Fiber Seal & Fine Fabric Care: Dec. 11

   Mary Jo Green, vice president of public affairs, Time Warner
   Communications: Dec. 12

   Annie Gallagher, senior vice president, Opinion Strategies Inc.: Dec. 13

   J. Anthony (Tony) Kington, partner, Chester Willcox & Saxbe LLP: Dec. 13

   Bill Todd, health care practice partner, Squire Sanders & Dempsey LLP:
   Dec. 13

   Linda L. Thompson, executive director, Ohio State Bar Foundation: Dec.
   14

 George Karl's father, as always, knew best

   Because he has substantial investments in a growing number of
   Columbus-area businesses, we found ourselves chatting with Milwaukee
   Bucks head coach George Karl recently when the subject of the coach's
   record $7 million annual salary contract came up.

   Though the new two-year contract extension doesn't begin until next year
   (Karl is making only $5 million this season), the Bucks' management was
   pressuring him to sign the total $14 million extension last spring.

   But with a couple of decades in the NBA behind him, Karl acknowledged he
   was vacillating on the offer.

   "I was thinking, do I become a free agent, do I step back from the game
   for a while, try something else?" Karl said of his uncertainties.

   But it took Karl's 96-year-old, wheelchair-bound father, a
   long-since-retired blue-collar worker who didn't earn in a lifetime what
   Karl now makes in a fraction of a season, to talk some sense into his
   son.

   And Karl's father did so in a deliciously efficient way.

   "I told my father about all the concerns I was having about signing,"
   the coach said. "He just paused for a second and then said, `Sign the
   son of a bitch.' "



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