"3" Reflation essays
IEZ_2017_sf
TheADAAA.pptxADAAA
The Americans With Disabilities Act As Amended
The Americans with Disabilities Act (ADA), which became effective in 1992, is an uncompromising proclamation of this country’s commitment to equal opportunity for the disabled.
The ADA is enforced by the EEOC
The act specifically provides that the procedures and remedies under Title VII of the Civil Rights Act of 1964 shall be those used or available under the ADA
Remedies available include
Injunctions
Hiring or reinstatement order (with or without back pay)
Attorney fees
The Civil Rights Act of 1991 amended 42 U.S.C. Section 1981A to allow suits for compensatory and punitive damages against parties accused of intentional discrimination in violation of the ADA
A disability is defined as a physical or mental impairment that substantially limits a person’s ability to walk, see, hear, perform manual tasks, learn, work, or care for him/herself.
Under the ADA, disability is broadly defined as:
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
To qualify for ADA protection the disability must be long term (generally longer than six months) or permanent.
Individuals can establish that they are “regarded as having such an impairment” if they show that they have been subjected to discriminatory treatment because of an actual or perceived physical or mental impairment, whether or not the impairment limits or is perceived to limit a major life activity
Essential functions are the core responsibilities of a job as distinguished from marginal or incidental assignments.
The ADA applies to employers with a minimum of 15 employees.
Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability.
Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment).
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer ("undue hardship").
The law also protects people from discrimination based on their relationship with a person with a disability (even if they do not themselves have a disability). For example, it is illegal to discriminate against an employee because her husband has a disability.
The ADA encourages would-be plaintiffs to resolve their complaints through mediation rather than litigation
The potential liability a defendant faces in a lawsuit is significant and includes the following:
Compensatory damages, including emotional pain and suffering, mental anguish, and loss of enjoyment of life
Punitive damages
Attorney’s fee
Expert witness fees
Reinstatement where an employee was wrongly terminated
Back pay
An employer is not required to hire a person with a disability who is not capable of performing the duties – essential functions - of the job
Employees who use illegal drugs are not protected by the ADA, nor are alcoholics who use alcohol at the workplace or who are under the influence of alcohol at the workplace
The act’s protection does not apply to an individual who is a transvestite, nor are homosexuality, bisexuality, or sexual behavior disorders (such as exhibitionism or trans-sexualism) considered disabilities
The ADA limits the ability of an employer to test for or inquire into the disabilities of job applicants and employees
Employers are prohibited from asking about the existence, nature, or severity of a disability
An employer may ask about the individual’s ability to perform the essential functions and requirements of the job
Employers are likewise not permitted to require preemployment medical examinations of applicants
Once an offer of a job has been extended to an applicant, employers can require a medical exam, provided that such an exam is required of all entering employees
Current employees are similarly protected from inquiries or exams, unless those requirements can be shown to be “job-related and consistent with business necessity”
The definition of a “qualified individual with a disability” includes the individual who is capable of performing the essential functions of a job with reasonable accommodation on the part of the employer
The ADA imposes on employers the obligation to make reasonable accommodations for such individuals or employees, unless the accommodation would impose an undue hardship on the employer
Failure to make such reasonable accommodation or failure to hire an individual because of the need to make a reasonable accommodation for that individual, is included in the definition of illegal discrimination
Undue Hardship: An accommodation that requires significant difficulty or expense for the employer
An employer is not required to make an accommodation for an individual if that accommodation would impose “undue hardship on the operation of the business of the covered entity”
The ADA provides a complex definition of what constitutes an undue hardship, including a list of factors to be considered in determining the impact of the accommodation on the employer
Direct Threat to the Safety or Health of Others
Employers may refuse to hire or accommodate an individual if that individual’s condition poses a “direct threat” to the health or safety of others in the workplace
Direct threat is defined as a “significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation”
Job-Related Criteria
Employers may hire, select, or promote individuals based on tests, standards, or criteria that are job related or are consistent with business necessity
Employers could refuse to hire or promote individuals with a disability who are unable to meet such standards, tests, or criteria or when performance of the job cannot be accomplished by reasonable accommodation
Religious Entities
Title I of the ADA does not prohibit a religious corporation, association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities
The courts have consistently held that persons who are HIV-positive suffering from AIDS or AIDS-related conditions are individuals with a disability under the Rehabilitation Act and the ADA
Employers are required to make reasonable accommodation for employees with AIDS or related conditions, as long as the employees are capable of performing the essential functions of the job and do not present a direct threat to the health or safety of others
All fifty states have laws that prohibit discrimination against individuals with disabilities
The coverage of such laws varies
The provisions of such laws generally parallel those of the ADA but in some instances go beyond the ADA protections
The California Fair Employment and Housing Act requires only that physical and mental disabilities place a “limitation” on a major life activity, rather than the “substantial limitation” required under the ADA
• The ADA is enforced by the EEOC • The act specifically provides that the procedures and remedies under Title VII of the Civil Rights Act of 1964 shall be those used or available under the ADA • Remedies available include
• Injunctions • Hiring or reinstatement order (with or without back pay) • Attorney fees
• The Civil Rights Act of 1991 amended 42 U.S.C. Section 1981A to allow suits for compensatory and punitive damages against parties accused of intentional discrimination in violation of the ADA
