MGT 391 - Chapter 9 Notes

MGT 391 - JSU - Chapter 9 Notes - Reasonably Accommodating Disability and Religion

barrier

The absence of wheelchair accessibility is considered a __________.

requirements; religious

Schedules, job duties, and appearance standards are considered ______________ of employers and often times are considered _______ beliefs, which potentially require an employee employee to choose between their beliefs or an employment opportunity.

reasonable accommodation

In mandating _________________ of disability and religion, the law requires employers to be more flexible and supportive than they might otherwise be, provided that any accommodations are reasonable and do not impose undue hardship.

disability; religion

In mandating reasonable accommodation of ________ and _________ , the law requires employers to be more flexible and supportive than they might otherwise be, provided that any accommodations are reasonable and do not impose undue hardship.

be more flexible and supportive than they might otherwise be, provided that any accommodations are reasonable and do not impose undue hardship.

In mandating reasonable accommodation of disability and religion, the law requires employers to:

any accommodations are reasonable and do not impose undue hardship.

In mandating reasonable accommodation of disability and religion, the law requires employers to be more flexible and supportive than they might otherwise be, provided that:

flexible ; supportive

In mandating reasonable accommodation of disability and religion, the law requires employers to be more ________ and ________ than they might otherwise be, provided that any accommodations are reasonable and do not impose undue hardship.

reasonably accommodate

The obligation to ________________ is unique to the protected classes of disability and religion.

disability ; religion

The obligation to reasonably accommodate is unique to the protected classes of ________ and ________.

disability ; religion

The legal basis and nature of the obligation to reasonably accommodate differ depending on whether ________ or ________ is involved.

Disability

Which obligation is more extensive? The obligation to reasonably accommodate on the basis of religion or disability?

entitlement

The obligation to reasonably accommodate disabled persons is more extensive than the requirement to accommodate religion, but it is also more difficult for employees to establish ________ to reasonable accommodation for their disabilities than for their religious beliefs and practices.

employees

The obligation to reasonably accommodate disabled persons is more extensive than the requirement to accommodate religion, but it is also more difficult for ___________ to establish entitlement to reasonable accommodation for their disabilities than for their religious beliefs and practices.

the Americans with Disabilities Act (ADA) (Title I) and the Rehabilitation Act

The obligation of employers to reasonably accommodate disability arises under two similar laws. Those two laws are: .

Americans with Disabilities Act (ADA)

A civil rights law that prohibits discrimination based on disability. It also requires employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations.

Rehabilitation Act

An act that prohibits the discrimination against and requiring affirmative action on behalf of disabled persons.

Americans with Disabilities Act (ADA)

Regarding reasonable accommodations and the laws that protect individuals with the need for them; Which law is a Title I law?

The Americans with Disabilities Act (ADA) (Title I)

Which act has broader coverage: the Americans with Disabilities Act (ADA) (Title I) and the Rehabilitation Act?

The Americans with Disabilities Act (ADA) (Title I)

Which act covers private-sector employers with at least fifteen employees, state and local governments?

qualified individual with a disability

The ADA protects a “_______________” from discrimination because of his or her disability.

• He or she has a disability—a physical or mental impairment that substantially limits the performance of one or more major life activities.

• He or she is qualified for the job in question:

1. Meets all of the neutral, job-related requirements for the position; and

2. Is able to perform the essential functions of the job with or without reasonable accommodation; and

3. Is not a direct threat to his or her own health and safety or that of others—normally, it is the employer that must establish that the employee is a direct threat, but the burden shifts to the plaintiff for jobs with significant public safety implications.

• The employee’s need for accommodation was made known, or should have been known, to the employer.

• One or more accommodations exist that are reasonable and that the employer did not provide.

What are the elements of a claim for failure to Reasonably Accommodate Disability?

The elements of a claim for failure to Reasonably Accommodate Disability

The following describe what:
• He or she has a disability—a physical or mental impairment that substantially limits the performance of one or more major life activities.

• He or she is qualified for the job in question:

1. Meets all of the neutral, job-related requirements for the position; and

2. Is able to perform the essential functions of the job with or without reasonable accommodation; and

3. Is not a direct threat to his or her own health and safety or that of others—normally, it is the employer that must establish that the employee is a direct threat, but the burden shifts to the plaintiff for jobs with significant public safety implications.

• The employee’s need for accommodation was made known, or should have been known, to the employer.

• One or more accommodations exist that are reasonable and that the employer did not provide.

undue hardship

“Significant difficulty or expense” is also known as:

liable

If the plaintiff can establish the criteria for elements of a claim were met, the employer will be ______ unless it can show that the proposed accommodation(s), although reasonable in general, would pose an undue hardship—“significant difficulty or expense”—given the employer’s resources and operational requirements.

it can show that the proposed accommodation(s), although reasonable in general, would pose an undue hardship—“significant difficulty or expense”—given the employer’s resources and operational requirements.

If the plaintiff can establish the criteria for elements of a claim were met, the employer will be liable unless:

disability

The ADA defines disability as a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, and being regarded as having such an impairment.

A physical or mental impairment that substantially limits one or more major life activities

A record of such an impairment

Being regarded as having such an impairment

The definition of disability under the ADA includes:

The definition of disability under the ADA

The following describe what:
A physical or mental impairment that substantially limits one or more major life activities

A record of such an impairment

Being regarded as having such an impairment

No; just one (1)

Yes or No:
Does an employee have to meet all three of the criteria’s under the prongs for disability that the ADA has defined? If no, then how many?

ADA Amendments Act (ADAAA)

An Amendment to the Americans with Disabilities Act of 1990 (ADA) in 2008 that redefines the term disability to be more inclusive. The congress declared that the definition of disability under the ADA “shall be construed in favor of broad coverage of individuals under this Act. . . .”

physical and mental impairments

Impairments such as deafness, blindness, intellectual disability (mental retardation), partially or completely missing limbs, mobility impairments requiring use of a wheelchair, autism, cancer, cerebral palsy, diabetes, epilepsy, HIV infection, multiple sclerosis, muscular dystrophy, major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive–compulsive disorder, and schizophrenia

Impairments such as deafness, blindness, intellectual disability (mental retardation), partially or completely missing limbs, mobility impairments requiring use of a wheelchair, autism, cancer, cerebral palsy, diabetes, epilepsy, HIV infection, multiple sclerosis, muscular dystrophy, major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive–compulsive disorder, and schizophrenia

What are examples of physical and mental impairments?

No

Yes or No:
Do all serious health problems meet the legal definition of disability?

functioning

The definition of disability is based on an individualized assessment of the effects of health problems on a person’s __________, rather than on diagnostic labels.

deafness, blindness, intellectual disability (mental retardation), partially or completely missing limbs, mobility impairments requiring use of a wheelchair, autism, cancer, cerebral palsy, diabetes, epilepsy, HIV infection, multiple sclerosis, muscular dystrophy, major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive–compulsive disorder, and schizophrenia

The Equal Employment Opportunity Commission (EEOC) has identified the following impairments that should easily qualify as disabilities. What are those?

Transsexualism, pedophilia, exhibitionism, and pyromania

Certain conditions or behaviors are expressly excluded from the definition of disability. What are those?

No

Yes or No:
Are current users of illegal drugs, regardless if they suffer from drug addiction, considered disabled under the ADA?

Yes

Yes or No:
Are individuals who are not currently using illegal drugs but are in active addition and/or recovery and have or are completed rehabilitation covered under the ADA?

Major life activities

Include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working. Includes the operation of “major bodily functions,” such as the immune system; normal cell growth; and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working. Includes the operation of “major bodily functions,” such as the immune system; normal cell growth; and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Major life activities include but are not limited to:

major life activities

The term ________ includes the operation of “major bodily functions,” such as the immune system; normal cell growth; and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Such as the immune system; normal cell growth; and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

The operation of “major bodily functions,” are considered:

Substantially limited

The individual’s impairment substantially limits the conditions, manner, or amount of time it takes to perform a major life activity as compared to most people in the general population.

The individual’s impairment substantially limits the conditions, manner, or amount of time it takes to perform a major life activity as compared to most people in the general population.

What does the term “substantially limited” mean as part of the definition of an actual disability?

conditions, manner, or amount of time it takes to perform a major life activity

The central issue to substantial limitations is whether, compared to most people in the general population, the individual’s impairment substantially limits the:

Yes

Yes or No:
Does a condition that is episodic (e.g., flares up unexpectedly) or in remission still constitute a disability if it would substantially limit a major life activity when active?

True

True or False:
A condition that is episodic (e.g., flares up unexpectedly) or in remission still constitutes a disability if it would substantially limit a major life activity when active

“without regard to the ameliorative effects of mitigating measures.”

The determination of whether an impairment is substantially limiting must be made:

medications, prosthetic devices, hearing aids and cochlear implants, mobility devices, oxygen therapy equipment, and learned behavioral adaptations.

Disabled persons often utilize a variety of means to help them deal with their disabilities. These aids and supports include the likes of:

When a medication has adverse side effects

If mitigating measures exacerbate an employee’s disability those adverse effects must be considered. What would be considered an exacerbation?

record of disability

A form of discrimination where a person is discriminated not because he or she is currently disabled

Yes

Yes or No:
Are persons who are erroneously regarded as being disabled also protected by the ADA?

True

True or False:
Persons who are erroneously regarded as being disabled are also protected by the ADA.

unfounded rumors or, as is more often the case, because conditions they have are assumed to be much more limiting than they really are.

People might be regarded as disabled because of:

showing that the plaintiff was subjected to discrimination “because of an actual or perceived physical or mental impairment whether or not the impairment substantially limits, or is perceived to substantially limit, a major life activity.”

The prong of the definition of disability regarding someone who might be regarded as having a disability is satisfied by:

Yes

By showing that the plaintiff was subjected to discrimination “because of an actual or perceived physical or mental impairment whether or not the impairment substantially limits, or is perceived to substantially limit, a major life activity. would one satisfy the legalities needed for a disability case?

True

True or False:
It is important for managers to have a clear understanding of any medical restrictions placed on their employees before making decisions about their suitability for employment opportunities.

not legally entitled to receive reasonable accommodation.

People who are regarded as disabled are protected from discrimination on this basis, but unlike those with an actual disability or a record of a disability, they are:

For a person that is regarded as having a disability but aren’t actually disabled or have a record of disability.

What would be a case where an employer is not legally required to provide an accommodation?

qualified individual

An individual with a disability satisfies the skill, education, experience, and other job-related requirements for the job held or sought and is able, with or without reasonable accommodation, to perform the essential functions of that job.

A qualified individual with a disability satisfies the skill, education, experience, and other job-related requirements for the job held or sought and is able, with or without reasonable accommodation, to perform the essential functions of that job.

What constitutes “qualified” for a person with a disability?

“direct threat”

An individual who can perform the essential functions of a job but whose condition is such that she poses a _________ to the health and safety of herself or others is not considered qualified.

No

Yes or No:
Can a direct threat be eliminated by reasonable accommodation?

essential functions

Under the ADA, a disabled person’s ability to perform a job must be judged only in relation to the ______________ of the job in question; inability to perform marginal functions cannot be the basis for adverse employment decisions.

essential functions

It is important that employers determine the ___________ of jobs.

essential functions

Includes the employer’s own judgment, written job descriptions, documentation of the amount of time spent performing particular functions, analyses of the consequences of not requiring position occupants to perform the functions, job duties listed in collective bargaining agreements, and statements based on the work experience of job occupants.

The position exists to perform this function.

Few other employees are available to perform this function.

The function is highly specialized.

The basic criteria for identifying essential functions are:

An individual who can perform the essential functions of a job but whose condition is such that she poses a “direct threat” to the health and safety of herself or others—a threat that cannot be eliminated by reasonable accommodation—is not considered qualified.

How does a person’s disability constitute a “direct threat” under the ADA?

The employer’s own judgment, written job descriptions, documentation of the amount of time spent performing particular functions, analyses of the consequences of not requiring position occupants to perform the functions, job duties listed in collective bargaining agreements, and statements based on the work experience of job occupants.

Evidence of essential functions includes:

Evidence of essential function

The following constitutes what:
The employer’s own judgment, written job descriptions, documentation of the amount of time spent performing particular functions, analyses of the consequences of not requiring position occupants to perform the functions, job duties listed in collective bargaining agreements, and statements based on the work experience of job occupants.

infrequently

Tasks that are performed _________ are less likely to be considered essential, but this is not always the case.

essential

Tasks that are performed infrequently are less likely to be considered _______, but this is not always the case.

job analysis

Systematic studies of jobs to document the major tasks involved and the knowledge, skills, abilities, and other traits needed for successful job performance

Does not

Does or Does not:
The ADA (does / does not) require that employers perform job analyses or have job descriptions.

True

True or False:
The ADA does not require that employers perform job analyses or have job descriptions.

distinguish essential functions from marginal functions and specifically state all essential job functions.

Job descriptions should:

Job descriptions

___________ should distinguish essential functions from marginal functions and specifically state all essential job functions.

True

True or False:
An employer that rejects a disabled job candidate because he is unable to perform some function that was not important enough to warrant mention in a job description is in an unenviable legal position

Yes

Yes or No:
Can an employer be held liable for rejecting a disabled individual because he is unable to perform some function of the job that was not in a job description?

what needs to be accomplished rather than on how tasks are accomplished.

Job descriptions, and employers deciding whether disabled persons can perform the essential functions of jobs, should focus on:

True

True or False:
Without important safety or productivity concerns that dictate adherence to a particular method, employers should be open to different means for producing the same outcomes.

whether they can do so with any reasonable accommodations that could be provided without undue hardship.

When assessing the ability of disabled persons to perform the essential functions of jobs, employers must consider not only whether these individuals can do so unaided, but also:

qualified

To be ________, disabled persons must meet the same requirements for education, skill, experience, and background that apply to all other job candidates and employees

job-related

If a requirement screens out (or tends to screen out) an individual with a disability or a class of such persons, the employer must be prepared to prove that the requirement is _________ and consistent with business necessity.

business necessity.

If a requirement screens out (or tends to screen out) an individual with a disability or a class of such persons, the employer must be prepared to prove that the requirement is job-related and consistent with _______________________.

The employer must be prepared to prove that the requirement is job-related and consistent with business necessity.

What must an employer be prepared to prove if a requirement screens out (or tends to screen out) an individual with a disability or a class of such persons?

consistent with business necessity.

Only those requirements that relate to ability to perform the essential functions of a job are _______________

Only those requirements that relate to ability to perform the essential functions of a job

What requirements are considered consistent with business necessity?

driving is an essential function of the specific position.

Possession of a valid driver’s license—a qualification not available to some disabled persons because of the nature of their conditions—is a lawful requirement only if:

is disabled,

is a “qualified” individual, and

was subjected to unlawful discrimination because of his disability.

To establish a prima facie case of disability discrimination, a plaintiff must show that he:

the position exists to perform that function;

a limited number of employees are available among whom that job function can be distributed; and

the job function is “highly specialized” so that the incumbent is hired for their expertise or ability to perform that function.

The three non-exclusive bases on which a particular job function may be deemed essential are:

employee

An individual employed by an employer.

employers

The party legally responsible for the actions of its employees.

direct threat

An employee who if he or she poses a specific risk of significant harm. This judgment must be made on the basis of objective medical evidence, not on stereotypes or fears.

objective medical evidence

A direct threat judgment must be made on the basis of ______________, not on stereotypes or fears.

employer

The ________ usually bears the burden of proving that an employee’s disability poses a direct threat.

direct threat

The employer usually bears the burden of proving that an employee’s disability poses a ___________.

that they will not endanger others in cases involving jobs with public safety functions.

Although the employer usually bears the burden of proving that an employee’s disability poses a direct threat, that burden may shift to plaintiffs to show:

reasonable accommodation

The extra flexibility and support to which qualified individuals are entitled that ensures equal employment opportunity by enabling full participation in the hiring process, enabling performance of the essential functions of jobs and allowing equal enjoyment of the benefits and privileges of employment.