Take Note (weeks one and two)_Notes

Take Note (weeks one and two)_Notes - 1. Mar. 10 Mar. 14...

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1. Mar. 10 - Mar. 14 Lecture 1 of 1 Announcements: The exam starts at 8:15 AM on Wednesday! It will be held in rooms B5 and B09 in the John s on School . Everyone who types the essays on a laptop will be in the same room. Look for an email with exam details. The TakeNote for this lecture will be available tonight (you probably know this by now). A. Last time we discussed the plaintiff s burden of proof for alleging discrimination under the ADA . B. The plaintiff must be otherwise qualified to perform the essential functions of the job . C. The employer must be able to make reasonable accommodation without undue hardship . 1. The plaintiff must document their disability and request the rea s onable accommodation. The plaintiff must take the initiative. C. The case law has evolved over time to illustrate a clear set of guidelines for employers. II. What kinds of accommodations are reasonable? A. Making facilities accessible through alterations.
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B. B u ying or modifying equipment . C. Readers / interpreters D. Close parking spots E. Job restructuring or modified work schedules Ill. An undue hardship is one which imposes "significant difficulty or expense" for the employer . A. In a recent EEOC survey, 50% of employers responded that reasonable accommodations didn't cost any money, and 50% responded that reasonable accommodations imposed a one-time cost of :'S$600. B. Courts will evaluate the following factors when deciding whether accommodations are reasonable: 1. The nature, cost, and impact on the business. 2. The employer's size and overall financial resources . 3. The facility-specific effects on other operations . Mar. 10 - Mar. 14 Lecture 1 of 1 C. Employers cannot make medical inquiries about a potential employee , except f o r pre - employment screening once an offer has been extended . 2. The medical exami n ation must be specific to the qualifications of the job. 3. The examination m u st be administered uniform l y to all candidates for that job . 1. If the candidate has an o b vio u s disability that may interfere with the job functions, it's accepta bl e t o ask how t h ey w ill d o the work in spite of their impairment . (ex . a wareho u se worker who h as lost a limb) D. Owners do not have to modify pre - ADA buildings if that wi l l impose a significant cost; but if the developers renovate these buildings, the renovations must be compliant . 1. Ex. if somebody wanted to remodel the buildings on the Commons , they wou l d h ave install elevators . E. Recen tl y, plaintiffs have argued that websites are " places of public accommodation", but courts have consistently held that websites are not actually " places " . 1. Therefore domain hosts are not required to make accommodations for the vision- or hearing- impaired .
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IV. As in a n y ot h er discrimination case , the plaintiff must first show t h at he or she is a me m ber of a p ro tected class and that t he employer's treatme n t was unlawful . There are three approaches: A. Disparate treatment is l i k e th e quid pro quo o r hostile environment cases .
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This note was uploaded on 02/20/2009 for the course AEM 3210 taught by Professor Grossman,da during the Spring '07 term at Cornell University (Engineering School).

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Take Note (weeks one and two)_Notes - 1. Mar. 10 Mar. 14...

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