Chapter 10 Discrimination based on Disability
Definition of disability
A physical or mental impairment that substantially limits one or more of the major life activities of such individual A record of such an impairment; or Being regarded as having such an impairment
Employer defenses: Regulations require employers to make
"reasonable accommodation" to the disabilities of a person
Qualified individuals with a disability:
An individual with a disability who is able to perform, with reasonable accommodation, the requirements of the job in question, despite the disability The individual claiming to be qualified has the burden of demonstrating his or her ability to meet all physical requirements legitimately necessary for the performance of duties
ADA DOES NOT apply to most
Federal government employers American Indian tribes Bona fide private membership clubs
Provisions: Retaliation
against any individual because the individual has filed a charge or participated in any manner in a proceeding under the ADA is prohibited
Provisions: Retaliation
against any individual because the individual has opposed any act or practice unlawful under the ADA is prohibited
Provisions: Coercion, intimidation or threats
against, or interference with an individual's exercise of or enjoyment of any rights granted under the act is prohibited
ADA applies to...
both private and public sector employers with fifteen or more employees
Provisions: covered employers
cannot discriminate in any aspect of employment because of disability against an otherwise qualified individual with a disability
Employer defenses: the court or the EEOC
considers the employer's judgement as to what is essential
Title I of ADA
prohibits discrimination against individuals who are otherwise qualified for employment
American Disabilities Act
prohibits discrimination in employment because of disability
ADA in 2009
the act was amended by the Americans with Disabilities Act Amendment Act, which broadened the definition of covered disabilities to include a wide range of life activities that previously had been declared outside the ADA by a series of Supreme Court decisions, which the ADAAA in effect overruled
What to the ADA and Rehabilitation Act impose?
they impose obligations not to discriminate against an otherwise qualified individual with a disability
An employer is not required to hire a person
with a disability who is not capable of performing the duties of the job