SHORT OUTLINE for ADA - I. 504 Rehabilitation Act of 1973...

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I. §504 – Rehabilitation Act of 1973 A. §504 of the Rehab Act prohibits a federally funded state program from discriminating against a handicapped indiv. solely by meaning of their handicap. B. Federal law that covers ppl w/ disabilities (PWD) C. Precursor to ADA D. §794: “Otherwise qualified” Where PWD would have to have met all other required conditions during PWD’s application of the federal benefit. E. Examples : 1. If PWD is applying for HHS funds, then PWD needs to be “otherwise qualified” 2. If federal program has residency requirements, then PWD needs to be a resident 3. If PWD is seeking a grant, PWD would need to also have met other criteria required for grant. F. §794: “Shall solely by reason of his/ her disability” 1. If someone is both a minority and disabled, §504 won’t help 2. EX. A female EE w/ a Ph.D. in Physics who was working for NASA in a wheelchair was turned down for a promotion as a supervisor b/c she can’t travel. Although she was otherwise qualified for the position as a supervisor, §504 would be inapplicable b/c she was both a female and disabled. G. §794: “Be excluded form the participation in…”, “Be denied the benefits,” or “Be subjected to discrimination” 1. under any program or activity 2. receiving fed’l financial assistance – must find fed’l grant that funds particular activity 3. operated by a fed’l executive agency or the Post Office II. Title I - Employment A. The ADA prohibits discrimination by covered entities, including private ERs, against qualified individuals w/ a disability. 1. Specifically, Title I provides that no covered ER “shall discriminate against a qualified individual w/ a disability b/c of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, EE compensation, job training, and other terms, conditions, and privileges of employment.” a. Qualified individual w/ disability “an individual w/ a disability who, w/ or w/out reasonable accommodation , can perform the essential functions of the employment position that such individual holds or desires.” b. Covered entity ER, employment agency, labor organization, or joint labor-mgmt committee 2. General rule of non-discrimination in Title I: No covered entity shall discriminate against a qualified individual w/ disability of such individual in regard to job application procedures, hiring, advancement, or discharge of EEs. B. EEOC Regulations define 3 elements of disability 1. The ADA and Rehab Act define a PWD as one who: a. Has a physical or mental impairment that substantially limits one or more major life activities, or b. Has a record of such a physical or mental impairment, or c. Is regarded as having such a physical or mental impairment.
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This note was uploaded on 05/05/2008 for the course LAW 1234 taught by Professor Cantu during the Spring '08 term at University of Texas at Austin.

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SHORT OUTLINE for ADA - I. 504 Rehabilitation Act of 1973...

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