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