HR Management Ch 9

Americans with Disabilities Act of 1990 (ADA)

The federal law making it illegal to discriminate against a qualified person with a disability in private sector and state and local government employment and outlawing retaliation in response to discrimination claims; employers must reasonably accommodate known physical or mental limitations of an otherwise qualified disabled individual unless doing so would impose undue hardship on the employer's business

impairment

a condition that substantially limits a person in the performance of one or more life activities when compared to an average person in the general population. The determination is made without regard to the use of mitigating measures, such as medication. If the person's condition would qualify without such aids, the person has a protected disability. Impairments do not include conditions requiring eyeglasses and contacts.

substantially limits a major life activity

a factual finding regarding an impairment's nature and severity, duration or expectation of duration, and permanence or long-term impact or expected impact on a person

reasonable accommodation (disability)

a modification or adjustment to a job or work environment enabling a qualified applicant or employee with a recognized disability to pursue employment or perform the essential job functions. There are three categories of reasonable accommodation: job application changes (accommodation in the form or method of applying for the job); changes to the work environment or the manner of performing the work; and changes that enable an employee with a disability to enjoy equal benefits and privileges of employment (such as access to training)

An individual with a disability who is qualified

a person with a disability who meets the legitimate level of skills, experience, education, or other requirements for a position and who can perform the essential functions of the job with our without reasonable accommodation

Disability

a recognized physical or mental impairment that substantially limits one or more of the major life activities of the affected individual

regarded as having such impairment - with regard to substantially limiting impairment

a situation in which an applicant or employer is subject to an action prohibited by the ADA (ex: failure to hire or termination) because the employer perceives the person to have a nontransitory and nonminor impairment

major life activity

an expansive definition used in disability cases for the variety of tasks important in most people's daily lives

physical or mental impairment

any disorder, condition, disfigurement, or anatomical loss that affects a major body system or mental or psychological state; the ADAAA requires expansive interpretation and application of the term in favor of individuals

record of impairment

having a history of a disability or perceived disability

major bodily functions

operation of a major bodily organ, function, or system

undue hardship (disability)

the determination that accommodation of a person's disability would be too difficult or too expensive to provide, in light of the employer's size, financial resources, and the needs of the business. An employer may not refuse an accommodation simply on the basis of cost. An employer need not provide the exact accommodation desired by the disabled individual, but may choose among satisfactory alternatives

Americans with Disabilities Act Amendments Act of 2008 (ADAAA)

the federal law intended to overturn a series of Supreme Court decisions that interpreted the ADA so narrowly as to make it difficult to prove an impairment was a covered disability

essential functions of a job

the functions that an individual must be able to perform unaided or with the assistance of a reasonable accommodation; this determination is made based on the functions to be performed, the skills required to perform them, and the time necessary for and criticality of the tasks

disability discrimination

the less favorable treatment by a covered employer or entity of an applicant or employee because the person has a history of a disability or is believed to have a physical or mental impairment expected to last six months or longer

disability harassment

unwelcome behavior toward a person with a disability or perceived disability, including frequent or severe behavior that creates a hostile or offensive work environment or results in an adverse employment action