Disability Discrimination Flashcards
(45 cards)
What are the main 3 points of the ADA?
- ADA prohibits discrimation and retaliation – so ti owudl violate the ADA for an empoyer to have a blanet ban against hiring anyone with a disability
- ADA also requires accommodation in certain contexts – in some cases it also prohibits employers from making medical inquiries
- No covered entity shall discrimaitite against a qualified individual on the bases of job applciaiton proceadures
What are the 3 prongs of the ADA’s definition of disability?
o A physical or mental imparment that substantially limts one or more major life activities of such individual
o A record of such impairment
o Being regarded as having such an impairment
If a person can do their job in spite of their disability… then what?
if the person can do the job in spite of their disability but only needs a “reasonable accommodation” to do the job, then the employer must provide that accommodation
When does an employee not need to actually have a disability in order to have an ADA claim?
if they are trying to claim associational discrimination or relatiation under the ADA – in order to claim that the employer is making improper medical inquires under the statute
What is the definition of an “actual disability” under the ADA?
is one that “physical or mental impairment that substantially limts one orm ore major life activities of such individual”
Under Mazzeo, what must a plaintiff prove to show a prima facie disability discrimination?
a plaintiff must show that, at the time of the adverse employment action, he had a disability, he was a qualified individual, and he was subjected to unlawful discrimination because of his disability.
what are the 3 elements of a “record of disability”?
o (1) that the plaintiff has a history of or has been misclassified as having an impairment;
o (2) the impairment limits a major life activity; and
o (3) the employer relied upon the record of impairment in making its employment decision.
What is the definition of “regarded as disabled?
if a persona has a disability that is not actually impairing, but thye belive it is, they will likewise be protected
Does regarded as disabled entitle the employee to accommodation?
No
For “regarded as disabled” does it matter if the disability actually affect’s the employee’s quality of life?
No - Adair case. So long as the employee proves the following, it is disability discrimination
(1) he has an actual or perceived impairment,
(2) that impairment is neither transitory nor minor, and
(3) the employer was aware of and therefore perceived the impairment at the time of the alleged discriminatory action.
Does a disability need to be permanent to be covered under the ADA?
No. It only needs to be active and impair a major life activity
What is a “qualified individual” per 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. For the purposes of this title, consideration shall be given to the employer’s judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.
o 42 U.S.C. § 12111(8).
Can an employer take action nagianst an employee on the basis of disability for them not being able to carry out non-essesnial job functions?
no
What 3 things will a court consider when determining if a function is an essential job function?
- job description
o (1) whether individuals in the plaintiff’s position are actually required to perform a certain job function and
o (2) if individuals are required to perform the job function, whether removal of the job function would fundamentally alter the job. In other words, the ADA may require an employer to eliminate a non-essential function of an employee’s job, if the employee cannot perform the function because of a disability
What did the Hennagir case indicate were the 5 considerations for determining if a function was essesnaol for the ADA?
(i) The employer’s judgment as to which functions are essential;
(ii) Written job descriptions prepared before advertising or interviewing applicants for the job;
(iii) The amount of time spent on the job performing the function;
(iv) The consequences of not requiring the incumbent to perform the function;
(v) The terms of a collective bargaining agreement;
(vi) The work experience of past incumbents in the job; and/or
(vii) The current work experience of incumbents in similar jobs.
What does discrimation include under the ADA?
(5) (A) not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity.
o 42 U.S.C. § 12112(b)(5)(A).
Does an employee have to due the statutory language of the ADA when they make a request for accommodation?
no
What are the 3 things a reasonable accommodation must do?
o Effective – it doenst need to be exactly what the employee asks ofr, but it must allow the employee to do the essensial functions of their job
o A accommodation that is not effective is not reasoanlbe
o Accommodation must also not impose an inordinate burden on the employer in normal circumsntaces
When is an accomodation reasonable?
An accomodation is only reasonable if it will allow the employee to return to work in the near or immediate future. If no accommodation can make the employee return soon then there is no discimriation in terminating them.
Can a reasonable accommodation overlook past misconduct?
No. The employee must always inform the employer about the need for an accommodation first, before it causes an issue - DeWitt
What is the direct threat defence under the ADA?
o It may be a defense to a charge of discrimination under this Act that an alleged application of qualification 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 accomplished by reasonable accommodation, as required under this title.
Can a qualification standard for a job require that the employee not pose a safety risk to others?
yes
What would be an example of an employee who poses a direct threat to others in the workplace?
a crane operator with narcolepsy
What are the 4 factors to be considered when determining if an employee would pose a direct threat to others in the workplace?
o (1) the duration of the risk;
o (2) the nature and severity of the potential harm;
o (3) the likelihood that the potential harm will occur; and
o (4) the imminence of the potential harm.
