Application of the ADA to employment situations involving alleged discrimination because of disability and alleged failure to make reasonable accommodation would make good ___ questions.
The ADA Amendments Act of 2008 did not change the definition of disability in the statute, but added “Rules of ___ regarding the definition of disability” stating that
1) an impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability, 2) impairments that are episodic or in remission still count as disabilities under the ADAAA, and 3) courts are not to take into consideration any steps that might lessen the effects of the disability, other than eyeglasses or contact lenses.
Under the ADA, the term “discriminate against a qualified individual on the basis of disability” includes, among other things, "not making reasonable ___ 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 ___ would impose an undue hardship on the operation of the business of such covered entity."
Under the ADA, ___ damages are not available where the alleged discrimination involves provision of a reasonable accommodation of an individual’s disability and the employer demonstrates that it made a good-faith effort to accommodate the individual’s disability. ___ damages are not available against public-sector employers.
In 1999 the Supreme Court issued the Sutton v. United Air Lines, Inc., and two other decisions that limited the reach of the ADA by holding that whether an impairment substantially limits a major ___ activity is to be determined with reference to the ameliorative effects of
MITIGATING measures.
The ADA defines
the term “disability” to mean, "(A) a physical or mental ___ that substantially limits one or more major life activities of such individual;
(B) a record of such an ___; or
(C) being regarded as having such an ___.
The United States’ first major federal disability rights law was the ___ Act of 1973.
The ADA provides that the procedures and remedies under ___ of the Civil Rights Act of 1964 apply to claims brought pursuant to the ADA.
Because the U.S. government delayed enacting any regulations to enforce the Rehabilitation Act of 1973, disabilities rights activists carried out dramatic protests in 1977. One of the sit-in protests took place at the Department of Health, Education, and Welfare (___) office in San Francisco and lasted 23 days.
For the purpose of determining whether a person is a qualified individual with a disability, determining what
“the ___ functions” of a position are includes consideration of the employer’s judgment as to what functions of a ___ are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the ___, this description shall be considered evidence of the essential functions of the ___. Other relevant evidence on this question includes witness testimony regarding ___ functions, documentation regarding the ___, etc.
Under the Americans with Disabilities Act of 1990 (ADA) and Rehabilitation Act, as amended by the ADAA, for the purpose of defining the term "disability," the term "___" include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. In addition, ___ include "operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.”
The ADA's general rule prohibits discrimination because of disability against an otherwise qualified individual with a disability in regards to all aspects of employment, including "job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and ___ of employment."
In Hoasanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012) the Supreme Court held that the "called teacher" position is qualifies for a ministerial exception, preventing the ___ and the teacher from pursuing a retaliation claim against the defendant under the ADA.
In order to bring a ___ action on behalf of a group of employees or applicants for employment under Federal Rule of Civil Procedure 23, one must establish
"(1) the ___ is so numerous that joinder of all members is impracticable;
(2) there are questions of law or fact common to the ___;
(3) the claims or defenses of the representative parties are typical of the claims or defenses of the ___; and
(4) the representative parties will fairly and adequately protect the interests of the ___."
Lex Frieden, then-Executive Director of the National Council on Disability, or NCD, an independent federal agency created to make recommendations to the President and Congress on policies affecting Americans with disabilities, credits former President George H. W. ___'s support as critical in getting the Americans with Disabilities Act (ADA) passed.
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) prohibits civilian employers from discriminating against a person based ___ military service.
Whistleblower laws provide protections for employees who report employer ___ or actions threatening public health or safety
A helpful resource for finding ways to accommodate employees or applicants with disabilities is the ___ Accommodations Network.
After the Supreme Court's 1999 Sutton v. United Airlines and 2002 Williams v. Toyota decisions, So after Sutton (1999), the district courts granted summary judgment to employers in most cases where an action was taken because of a person’s impairment, finding that the impairment was not ___ enough to be a “disability” as defined by the ADA. So although an employer would consider a person with an impairment as too disabled to work, courts would say they are not disabled enough for ADA protection and accommodation.
It
became very difficult to establish a disability for impairments that were “periodic” or “mitigated”, and so the courts would never reach the question of whether the employer’s action was wrongful under the ADA.
An employer may not ask whether an applicant has any disabilities or medical conditions on a job ___ or in an interview, but they may ask
whether the applicant is able to perform the essential functions of the job, with or without accommodation.
___ available under the ADA include
injunctions, (including but not limited to orders directing hiring or reinstatement, with or without back pay and interest); training; notice posting, etc.); backpay and interest;
attorney fees; and compensatory and punitive damages (subject to statutory limits) against parties accused of intentional discrimination in violation of the ADA.
Like Title VII and the ADEA, the ADA also prohibits ___.
“___ occurs when an employer takes a materially adverse action because an applicant or employee asserts rights protected by the EEO laws. Asserting EEO rights is called ‘protected activity.’ Generally, ‘protected activity’ is either participating in an EEO process or reasonably opposing conduct made unlawful by an EEO law.” [Example, firing someone because they complained of discrimination because of disability.]
“The ADA prohibits not only ___ but also "interference" with statutory rights. Interference is broader than ___. Under the ADA's interference provision, it is unlawful to coerce, intimidate, threaten, or otherwise interfere with an individual's exercise of ADA rights, or with an individual who is assisting another to exercise ADA rights. Some employer acts may be both ___ and interference, or may overlap with unlawful denial of accommodation.” [Example, firing a person because they asked for reasonable accommodation.]
Possible ___ to a claim under the ADA (and Rehabilitation Act) include:
Undue Hardship;
Direct Threat to Safety or Health of Oneself or Others; Job-Related Criteria; Food Handler Defense; and that the employer is a religious entity and the job involved ministerial duties.
Where is my puzzle?