1) This case involves a lawsuit filed by Thomas Miller based on events arising out of his time as a recruit at the Maryland Department of Natural Resources (the “DNR”) Police Academy. During Miller’s Police Academy training, he sustained a neck injury on May 23, 2016, which resulted in herniated discs. What did Miller do immediately after his injury, and how did his DNR supervisors respond (at least initially)? 2) Prior to his injury, had Miller been successful at the Police Academy? 3) On June 30, 2016, Miller saw a specialist who ordered that he be placed on restricted upper body training for 30 days at the Police Academy. How, according to Miller, did DNR supervisors respond to this news? 4) Why was Miller placed on disciplinary probation for the last three weeks of August? Does this decision by the DNR seem like a pretext, or a convenient excuse, to punish Miller (by eventually terminating him) for conduct that was not very severe and would have been acceptable from other cadets? Why or why not? 5) On appeal, the Fourth Circuit Court of Appeals first reviewed the district court’s decision dismissing Miller’s failure to accommodate and unlawful termination claim based on an alleged “actual disability.” How did the Fourth Circuit resolve that claim? Be specific in your answer by stating the Fourth Circuit’s precise reasoning on this claim. 6) Next, the Fourth Circuit analyzed Miller’s claim based on a perceived disability under the “regarded as” definition of “disability.” How did the Fourth Circuit resolve that claim on de novo review? Be specific in your answer by stating the Fourth Circuit’s precise reasoning on this claim. 7) Read the Fourth Circuit’s analysis of Miller’s retaliation claim. Even though this appeal involves only a Motion to Dismiss, and thus does not generate a final conclusion to Miller’s lawsuit, the Fourth Circuit’s analysis of Miller’s retaliation claim shows how a jury might eventually view this case. What does the Fourth Circuit’s analysis of Miller’s retaliation claim teach employers and human resources professionals about how to properly deal with an injured employee?
write the questions above answer them 1-7