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LEB Test 3: Americans with Disabilities Act
Terms in this set (6)
Americans with Disabilities Act of 1990
- Prohibits discrimination against individuals with disabilities by private employers
- Requires employer to provide "reasonable accommodations"
- Physical or mental impairment that substantially limits one or more major life activities (seeing, hearing, walking, caring for oneself)
Ex: visual or hearing impairments, missing limbs, mental illness or retardation, HIV infection, seizure disorders, cancer, heart disease
- ADA protects those who:
1. Have a disability
2. Have a "record" of a disability
3. Are "regarded as" having a disability
- Current users of drugs or alcohol
- "Behavioral" conditions such as homosexuality, bisexuality, compulsive gambling, pyromania
- Person must be "qualified" to do the job (i.e., able to perform the essential functions) with OR without "reasonable accommodation"
- Employer must provide reasonable accommodations if necessary for worker to do the job
- Requires case-by-case assessment
- Does not require employer to incur "undue hardship"
= exempt a person or organization from performance of a legal obligation so as to avoid an unreasonable or disproportionate burden or obstacle
American Disabilities Act of 2008
- GOAL: Broaden scope of ADA after courts narrowed it
1. Intermittent/remission = still a disability
2. Mitigating measures = don't consider
2. Includes list of "easy" conditions to identify
4. Makes "substantially limited" easier to meet
5. Lists bodily functions and other things as MLAs
6. Makes "regarded as" easier to claim/prove
BIG PICTURE: IF have disability = get accommodated!!
EEOC Regulatory Guidance
- Adverse treatment (failure to hire, fire, promote, etc.)
- Must engage in interactive process about what accommodation might be necessary
- No questions about disability, BUT
- Can ensure that can perform EJF.
- Can require med exam after extend offer (to all employees).
- Can NOT exclude for med criteria not consistent with business necessity
- Can investigate "direct threat" defense
- Where the appropriate reasonable accommodation is obvious, the employer should provide the accommodation
- If the applicant was responsible for the breakdown of the interactive process, the employer can NOT be found to have denied the applicant reasonable accommodation
- When an employer's failure to engage in the interactive process in good faith leads to a failure to reasonably accommodate an applicant = employer violates the Americans with Disabilities Act
Employer violates the Americans with Disabilities Act = applicant could reasonably conclude, based on an employer's conduct, that it would be futile to continue with the interactive process
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