Lesson 20 Reading

Enacted in 1990 to ensure equal access to employment opportunities for persons with disabilities.
Key obligations are categorized into three areas:
- Non-discrimination (includes prevention of workplace harassment).
- Protection of privacy and restriction of medical inquiries during employment.
- Requirement to provide reasonable accommodations.
Differences from Title VII of the Civil Rights Act of 1964 include the emphasis on providing reasonable accommodations specifically for disabilities.
Amended in 2008 by the ADA Amendments Act (ADAAA) to expand the definition of disability, broadening the scope of protection.

Applies to all employers with 15+ employees engaged in commerce for 20+ weeks.
Also applies to labor organizations, employment agencies, and joint labor-management committees.
Smaller employers may still have to comply with state or local disability discrimination laws.

Qualified individuals with a disability are defined as capable of performing essential job functions with or without reasonable accommodations.
Protection extends to individuals with a relationship or association with a person with a disability.
Example: Discrimination against employees associated with someone having a disability is prohibited.

Defined as a person who:
- Has a physical/mental impairment that substantially limits one or more major life activities.
- Has a record of such impairment.
- Is regarded as having such an impairment.
The ADAAA broadens the interpretation, making it easier for individuals to qualify for ADA protections.

Physical impairments cover a range of conditions affecting various body systems (neurological, musculoskeletal, etc.).
Examples include conditions like HIV, cancer, heart disease, and multiple sclerosis.
Simple physical characteristics (e.g., eye color) not covered; courts have re-evaluated conditions like morbid obesity under the ADAAA.
Mental impairments comprise psychological disorders and learning disabilities, not merely traits like irritability.

Includes daily self-care tasks, manual tasks, seeing, hearing, eating, sleeping, etc.
The operation of a major bodily function is also included (e.g., immune system function).

An individual must be substantially limited in a major life activity, clarified by the ADAAA to focus less on a significant restriction.
Temporary, non-chronic impairments usually do not qualify unless they severely impact functioning for a significant time.

Defined as the fundamental duties of the position.
Determined by factors such as job necessity, written job descriptions, and employer judgment.
Attendance is acknowledged as an essential job function, with courts often ruling that poor attendance disqualifies individuals as qualified under the ADA.

Employers are required to provide reasonable accommodations unless it imposes undue hardship.
Common accommodations include adjusting work schedules, providing interpreters, or modifying job tasks.

An employer must prove undue hardship if unable to accommodate someone with a disability. Factors include:
- Nature and cost of the accommodation.
- Financial resources available for accommodation in the organization.
- Impact of the accommodation on operations.

An employee poses a direct threat if they pose a significant risk of harm that cannot be reduced by reasonable accommodation.
Evaluation must be based on objective evidence rather than stereotypes.

The ADA emphasizes the need for reasonable accommodations and the non-discriminatory treatment of employees with disabilities in various employment contexts.
Employers are encouraged to understand their obligations under the ADA and the protections available for individuals with disabilities.