Modified Take Note Week 8_Notes

Modified Take Note Week 8_Notes - Modified Take Note Week 8...

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Modified Take Note Week 8 Proving Discrimination under the ADA disabled person otherwise qualified to perform the essential functions of the position with reasonable accommodation that can be provided without undue hardship to the employer See U.S. Air, Inc. v. Barnett (not in reading). Proving Discrimination In all cases, plaintiff must prove s/he member of suspect class employer’s action unlawfully discriminatory There are three approaches used: Disparate treatment of an individual Pattern or practice of discrimination Disparate impact discrimination Disparate Treatment Plaintiff belongs to a protected group Plaintiff applied and was qualified for a job [or qualified for promotion, etc.] Despite qualifications, plaintiff not hired, promoted, etc. Employer continued to seek applicants from persons of complainant's qualifications after plaintiff rejected Employer Burden If employee proves prima facie
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