ADA Flashcards
What is the statutory language in Title I of the ADA’s anti-discrimination provision?
Under Title I of the ADA [the employment provision], “[n]o covered entity shall discriminate against a quali-fied individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.” 42 U.S.C. § 12112(a).
Who can bring a claim under the ADA?
A “qualified individual” 42 U.S.C. § 12112(a).
What’s the definition of a “qualified individual” under the ADA?
an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. 42 U.S.C. § 12111(8)
Which defendants are covered by the ADA?
The ADA applies to a “covered entity.” 42 U.S.C. § 12112(a).
How is “covered entity” defined under the ADA?
Under the ADA, the term “covered entity” means an employer, employment agency, labor organization, or joint labor-management committee. 42 U.S.C.A. § 12111; 29 C.F.R. § 1630.2(b).
How is “employer” defined under the ADA?
An “employer” means “a person engaged in an indus-try affecting interstate commerce who has 15 or more employees for each working day in 20 or more calen-dar weeks in the current or preceding calendar year, and any agent of such person…” 42 U.S.C. § 12111(5).
Which entities are not covered by the ADA?
the ADA applies to all private, state, and local gov-ernment employers with 15 or more employees, except if the employer:
* is not engaged in an industry affecting interstate commerce;
* has a workforce that fluctuated between the 15 employee threshold during the current or pre-ceding calendar year;
* is the US government (covered under the Reha-bilitation Act instead);
* is any corporation wholly owned by the US gov-ernment;
* is an Indian tribe; or
* is a certain tax-exempt private membership club.
Does the McDonnell Douglas burden-shifting framework apply to ADA disparate treatment claims?
Yes. See Walton v. Mental Health Ass’n of Southeastern Pa., 168 F.3d 661, 667–68 (3d Cir.1999); Krouse, 126 F.3d at 500–01; Newman v. GHS Osteopathic, Inc., 60 F.3d 153, 156–58 (3d Cir.1995).
Does the McDonnell Douglas burden-shifting framework apply to ADA retaliation claims?
Yes. See Walton v. Mental Health Ass’n of Southeastern Pa., 168 F.3d 661, 667–68 (3d Cir.1999); Krouse, 126 F.3d at 500–01; Newman v. GHS Osteopathic, Inc., 60 F.3d 153, 156–58 (3d Cir.1995).
What’s required to establish a prima facie case of discrimination under the ADA under a disparate treatment theory?
In order for a plaintiff to establish a prima facie case of discrimination under the ADA, the plaintiff must show: “(1) he is a disabled person within the meaning of the ADA; (2) he is otherwise qualified to perform the essential functions of the job, with or without rea-sonable accommodations by the employer; and (3) he has suffered an otherwise adverse employment deci-sion as a result of discrimination.” Gaul v. Lucent Technologies, 134 F.3d 576, 580 (3d Cir. 1998) (citing Shiring v. Runyon, 90 F.3d 827, 831 (3d Cir. 1996)); Shaner v. Synthes, 204 F.3d 494 (3d Cir. 2000).
Can a plaintiff bring a disparate impact claim under the ADA?
Yes. Disparate impact claims are cognizable under the ADA. Ray-theon Co. v. Hernandez, 540 U.S. 44, 50 (2003) (“Both dispar-ate-treatment and disparate-impact claims are cognizable un-der the ADA.”). See 42 U.S.C. § 12112(b) (defining “dis-criminate” to include “utilizing standards, criteria, or methods of administration . . . that have the effect of discrimination on the basis of disability” and “using qualification standards, em-ployment tests or other selection criteria that screen out or tend to screen out an individual with a disability”).
Under the ADA, does the plaintiff have a right to a jury trial on a disparate impact claim?
No.
What affirmative defenses are available under the ADA?
- Standard/test is job related and consistent with business necessity: It may be a defense to a charge of discrimination un-der this chapter (i.e., 42 U.S.C. Chapter 126 – which is the ADA), that an alleged application of qualifica-tion standards , tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability has been shown to be job-related and consistent with business necessity, and such performance cannot be accom-plished by reasonable accommodation, as required un-der this subchapter (i.e., 42 U.S.C. Subchapter I – the employment provisions of the ADA). 42 U.S.C.A. § 12113(a); see also 29 C.F.R. § 1630.15(b)
- Direct threat: The term “qualification standards” may include a re-quirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace. 42 U.S.C.A. § 12113(b); see also 29 C.F.R. § 1630.15(b)(2) (“The term ‘‘qualification stand-ard’’ may include a requirement that an individual shall not pose a direct threat to the health or safety of the individual or others in the workplace.”).
- Religious entities can give preference to individ-uals of a particular religion: This subchapter (i.e., Title I of the ADA) shall not pro-hibit a religious corporation, association, educational institution, or society from giving preference in em-ployment to individuals of a particular religion to per-form work connected with the carrying on by such corporation, association, educational institution, or so-ciety of its activities.…Under this subchapter, a reli-gious organization may require that all applicants and employees conform to the religious tenets of such or-ganization. 42 U.S.C. § 12113(d).
- Action justified by legitimate, nondiscriminatory reason: Disparate treatment charges. It may be a defense to a charge of disparate treatment … that the challenged action is justified by a legitimate, nondiscriminatory reason. 29 C.F.R. § 1630.15(a).
- Undue hardship: It may be a defense to a charge of discrimination, as described in [29 C.F.R.] §1630.9 (i.e., failure to make reasonable accommodation), that a requested or nec-essary accommodation would impose an undue hard-ship on the operation of the covered entity’s business. 29 C.F.R. § 1630.15(d).
- Conflict with other federal laws: It may be a defense to a charge of discrimination un-der this part [29 C.F.R. Part 1630] that a challenged action is required or necessitated by another Federal law or regulation, or that another Federal law or regu-lation prohibits an action (including the provision of a particular reasonable accommodation) that would oth-erwise be required by this part. 29 C.F.R. § 1630.15(e).
- Claims based on transitory and minor impair-ments under the “regarded as” prong: It may be a defense to a charge of discrimination by an individual claiming coverage under the ‘‘regarded as’’ prong of the definition of disability that the im-pairment is (in the case of an actual impairment) or would be (in the case of a perceived impairment) ‘‘transitory and minor.’’
What’s required to establish that an impairment is “transitory and minor?”
To establish this defense, a covered entity must demonstrate that the impairment is both ‘‘transitory’’ and ‘‘minor.’’ Whether the impairment at issue is or would be ‘‘transitory and minor’’ is to be determined objectively. A covered entity may not defeat ‘‘regarded as’’ coverage of an individual simply by demonstrating that it subjectively believed the impairment was tran-sitory and minor; rather, the covered entity must demonstrate that the impairment is (in the case of an actual impairment) or would be (in the case of a per-ceived impairment) both transitory and minor. For purposes of this section, ‘‘transitory’’ is defined as last-ing or expected to last six months or less. 29 C.F.R. § 1630.15(f).
What damages are available in ADA claims?
Relief under the ADA is largely the same as relief available under Title VII (42 U.S.C. §§ 1981a and 12117(a)).
* Front pay
* Back pay (capped at two years prior to filing of complaint…or the charge of discrimination?)
* Compensatory (i.e., emotional pain and suffer-ing/other non-pecuniary losses) and punitive damages (subject to caps based on number of employees, as set forth in Civil Rights Act of 1991 – 42 U.S.C. § 1981(a)).
o 15-100 employees: $50k
o 101-200 employees: $100k
o 201-500 employees: $200k
o 500+ employees: $300k
* Injunctive relief, such as reinstatement, hiring, or promotion.
