Lesson 20 ADA
Page 1: DISABILITY EMPLOYMENT DISCRIMINATION LAW
Page 2: OVERVIEW
The Americans With Disabilities Act (ADA) was enacted in 1992.
Applicable to private employers with 15 or more employees; not limited to "Americans."
Defines “disability” as a legal term, not a medical one.
ADA's definition differs from definitions in laws like Social Security Disability.
Page 3: OVERVIEW
ADA prohibits discrimination in various employment practices:
Hiring
Firing
Advancement
Compensation
Training
Other terms, conditions, and privileges of employment.
Page 4: WHAT IS THE PROTECTED CLASS UNDER THE ADA?
Prohibits discrimination against a “qualified individual with a disability.”
Protects individuals who have associations with disabled persons as well.
Page 5: “INDIVIDUAL WITH A DISABILITY”
Three definitions of an “individual with a disability” under the ADA:
Physical or mental impairment that substantially limits major life activities.
Has a record of such an impairment.
Regarded as having such an impairment.
Page 6: “INDIVIDUAL WITH A DISABILITY”: FIRST DEFINITION
Applies to substantial impairments, not minor impairments.
Major life activities include seeing, hearing, speaking, walking, breathing, etc.
Short-term minor conditions (like sprains) typically not covered.
Page 7: “INDIVIDUAL WITH A DISABILITY”: FIRST DEFINITION
Examples of covered disabilities: epilepsy, paralysis, substantial hearing or visual impairment.
Episodic impairments may be covered if they substantially limit major life activities.
Page 8: “INDIVIDUAL WITH A DISABILITY”: FIRST DEFINITION
Physical impairments defined broadly, covering several body systems (neurological, musculoskeletal, etc.).
Page 9: “INDIVIDUAL WITH A DISABILITY”: FIRST DEFINITION
Obesity not typically considered a physical impairment under ADA.
Morbid obesity status as a physical impairment varies by case; usually requires proof of underlying conditions.
Page 10: “INDIVIDUAL WITH A DISABILITY”: FIRST DEFINITION
Mental impairments include disorders such as intellectual disabilities, organic brain syndrome, etc.
Normal personality traits (like a quick temper) are not considered impairments unless they relate to a disorder.
Page 11: “INDIVIDUAL WITH A DISABILITY”: FIRST DEFINITION
Individual must be substantially limited in one or more major life activities to qualify as disabled.
Page 12: “INDIVIDUAL WITH A DISABILITY”: FIRST DEFINITION
Major life activities as defined by ADA include:
Caring for oneself, performing manual tasks, seeing, hearing, and more.
Page 13: “INDIVIDUAL WITH A DISABILITY”: FIRST DEFINITION
To establish a case: must show at adverse employment action time:
Had a disability.
Was a qualified individual.
Experienced unlawful discrimination due to disability.
Page 14: “INDIVIDUAL WITH A DISABILITY”: SECOND DEFINITION
Includes individuals with a record of an impairment (in remission, etc.).
May not currently be classified as disabled under the first definition.
Page 15: “INDIVIDUAL WITH A DISABILITY”: THIRD DEFINITION
Protects those regarded as having a disability without proof of impairment.
Example: severe disfigurement leading to employment discrimination due to assumptions about reactions.
Page 16: “INDIVIDUAL WITH A DISABILITY”: THIRD DEFINITION
For a prima facie claim, must show:
Regarded as having a disability.
Subjected to adverse employment action based on this perception.
Page 17: QUALIFIED “INDIVIDUAL WITH A DISABILITY”
Must meet skill, education, and experience requirements.
Ability to perform essential job functions with or without reasonable accommodation is necessary.
Page 18: QUALIFIED “INDIVIDUAL WITH A DISABILITY”
Evaluates if the individual can perform essential functions:
What are essential functions?
What constitutes reasonable accommodation?
Page 19: ESSENTIAL FUNCTIONS
Essential functions are fundamental duties of a job, not marginal duties.
Criteria for essential functions:
Reason job exists is to perform that function.
Only a few can perform that function.
Function is highly specialized.
Page 20: ESSENTIAL FUNCTIONS
Example: Airline pilot position requires specialized functions; applicant Fred has a pilot's license.
Page 21: ADMINISTRATIVE ASSISTANT WITH A SEVERE BACK IMPAIRMENT
Essential functions: typing, filing, managing schedules, answering phones.
Marginal functions: moving heavy office equipment.
Must perform essential functions, even if some marginal functions cannot be performed.
Page 22: ESSENTIAL FUNCTIONS
Example of security guard position: inability to safely hold a gun could deem the individual unqualified due to safety requirements.
Page 23: REASONABLE ACCOMMODATION
Modification to enable employees with disabilities to perform essential job functions.
Must be known to the employer and employee should be qualified.
Page 24: REASONABLE ACCOMMODATION
Examples include:
Making facilities accessible.
Restructuring jobs or modifying schedules.
Acquiring necessary equipment or providing interpreters.
Page 25: REASONABLE ACCOMMODATION: EXAMPLES
If a data clerk has a speech impairment, it may be reasonable to assign phone duties to another employee in exchange for their filing responsibilities.
Page 26: REASONABLE ACCOMMODATION: EXAMPLES
Not all accommodations are reasonable. Examples:
Thompson v. Microsoft: Denied personal assistant for autism.
Perdue v. Sanofi-Aventis: Denied job-sharing arrangement for a sales representative.
ADA does not require creating new jobs.
Page 27: REASONABLE ACCOMMODATION
May include reassignment to a vacant, qualified position if the employee cannot perform the original job.
Employers not obligated to lower quality/quantity standards or provide personal use items like glasses.
Page 28: UNDUE HARDSHIP
Employers not required to accommodate if it imposes "undue hardship" on operations, defined as significant difficulty or expense.
Page 29: UNDUE HARDSHIP
Considerations include nature and cost of accommodation, and the size and structure of the employer’s operation.
Larger employers expected to accommodate accommodating more efforts than smaller employers.
Page 30: CHART: INDIVIDUAL WITH A DISABILITY?
Flowchart evaluating the status of disability and qualification status..
Questions regarding disability, qualification, and ability to perform essential functions with accommodation.
Page 31: INTERACTIVE PROCESS: THE “REAL WORLD”
Collaboration between employer and disabled individual to identify barriers to job performance.
Assess individual abilities/limitations and job/task factors contributing to difficulties.
Page 32: INTERACTIVE PROCESS: THE “REAL WORLD”
Identify possible accommodations for removing difficulties in the workplace or job tasks.
Page 33: INTERACTIVE PROCESS: THE “REAL WORLD”
Engaging in an interactive process is the best way for employers to avoid liability for discrimination and failure to accommodate.
Page 34: INTERACTIVE PROCESS: THE “REAL WORLD”
Assess effectiveness of each accommodation, individual preference, and potential undue hardship for the employer.
Page 35: INTERACTIVE PROCESS: THE “REAL WORLD”
Employers should engage the interactive process for hiring or promoting disabled individuals to avoid ADA liability.
Not engaging may result in liability if reasonable accommodation is possible.
Page 36: ADA: ASSOCIATION DISCRIMINATION
Prohibits discrimination based on relationships with individuals with disabilities.
Protects individuals who face discrimination due to association, e.g., hiring claims linked to relation with disabled persons.
Page 37: ADA: ASSOCIATION DISCRIMINATION
Example where associations lead to employment discrimination (a disabled spouse leads to assumptions about excessive leave).
Page 38: ADA: ASSOCIATION DISCRIMINATION
Difference in accommodation: employee with a disability vs. employee associated with someone disabled.
No accommodation required for an employee not disabled due to association.
Page 39: HUBER V. WAL-MART STORES, INC.
Questions regarding Huber's status as a qualified individual with a disability and reassignment feasibility as accommodation.
Page 40: CONDITIONS EXCLUDED FROM DEFINITION OF DISABILITY
List of conditions excluded from ADA disability definition (e.g. sexual behavior disorders, gambling).
Page 41: CONDITIONS EXCLUDED FROM DEFINITION OF DISABILITY
Normal pregnancy is not considered a disability; however, abnormal reproductive conditions may meet ADA standards.
Page 42: CONDITIONS EXCLUDED FROM DEFINITION OF DISABILITY
Rules regarding alcohol use and its impact on disability qualifications differ from drug use scenarios.
Alcoholism can be considered a disability with regulations applying to employment policies.
Page 43: CONDITIONS EXCLUDED FROM DEFINITION OF DISABILITY
Past drug addiction is recognized, but current illegal drug users are not considered qualified individuals under the ADA.
Successful completion of rehabilitation can offer protections.
Page 44: EMPLOYER DEFENSES: QUALIFICATION STANDARDS
A qualified individual must perform essential job functions with reasonable accommodation if needed.
Employers can set job-related qualification standards consistent with business necessity.
Page 45: EMPLOYER DEFENSES: QUALIFICATION STANDARDS
Employers must not disproportionately screen out disabled individuals unless linked to job necessity.
Page 46: EMPLOYER DEFENSES: QUALIFICATION STANDARDS
Burden of production falls on employers when asserting essential functions in court cases.
Example case: Bates v. UPS with deaf employees challenging hearing standards.
Page 47: EMPLOYER DEFENSES: QUALIFICATION STANDARDS
Employer need to prove that safety-based qualification standards are consistent with business necessity unless mandated by law.
Page 48: EMPLOYER DEFENSES: QUALIFICATION STANDARDS
ADA provides defense against failure to accommodate if standards are job-related and cannot be achieved through reasonable accommodation.
Page 49: EMPLOYER DEFENSES: DIRECT THREAT DEFENSE
Employers can deny employment based on direct threats to others’ health and safety.
“Direct threat” defined as significant risk that cannot be eliminated by reasonable accommodations.
Page 50: EMPLOYER DEFENSES: DIRECT THREAT DEFENSE
Factors to determine direct threat:
Duration of risk
Severity of potential harm
Likelihood and imminence of harm
Page 51: EMPLOYER DEFENSES: DIRECT THREAT DEFENSE
Employers must show that a credible risk exists using objective evidence, not assumptions.
Page 52: EMPLOYER DEFENSES: DIRECT THREAT DEFENSE
ADA requires individualized judgments based on reliable evidence to weigh risks against employee rights.
Page 53: EMPLOYER DEFENSES: DIRECT THREAT DEFENSE
Case example of police officer’s hypoglycemic episode highlighting direct threat considerations.
Page 54: EMPLOYER DEFENSES: DIRECT THREAT DEFENSE
Examples of employers successfully asserting direct threat:
History of aggression; threatening behaviors; health risks in sensitive environments.
Page 55: EMPLOYER DEFENSES: DIRECT THREAT DEFENSE
Discussion on who carries the burden of proof regarding direct threat: employee or employer?
Page 56: JARVIS V. POTTER
Summarizes case issues: was Jarvis considered an “individual with a disability”? What is the central issue on appeal?
Page 57: JARVIS V. POTTER
Burden of proof regarding Jarvis' qualification status as a direct threat.
Page 58: JARVIS V. POTTER
Court held whether Postal Service's direct threat determination was objectively reasonable.
Page 59: DIRECT THREAT TO DISABLED EMPLOYEE
ADA also permits employers to assess risks posed to disabled employees under certain conditions.
Page 60: CHEVRON U.S.A., INC. V. ECHAZABAL (2002)
Case about employment denial due to potential health risks from job environment for disabled applicants.
Page 61: CHEVRON U.S.A., INC. V. ECHAZABAL (2002)
Supreme Court ruling: employers can deny jobs based on direct threats to applicant health under ADA.