GM ADA Big Picture

GM ADA Big Picture - ADA Big Picture Title I(Employment...

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ADA Big Picture Title I (Employment) Title II (Public services by public entities) Title III (Private entities putting forth public accommodations and services) Title IV (Telecommunications) §504 (applies to programs receiving federal funding, overlaps with other Titles) Fair Housing Act (FHAA applies to discrimination in public and private housing) Insurance (need a good big-picture statement here) Education (IDEA & ADA & §504 through secondary public, then only ADA and §504 for post- secondary) Title II for public, Title III for private) EEOC Definition of Disability : person who has: (1) physical or mental impairment that substantially limits one or more of the major life activities of such individual; (2) a record of such impairment; or (3) being regarded as having such impairment (p. 7 in handbook) Sutton case says that you DO look at mitigating factors in determining disability (eyeglasses, corrective surgeries, etc.) Determining if otherwise qualified/eligible look at person with or without mitigating measures I. TITLE I (Employment) a. What employers are covered? i. Private employers, state and local governments, employment agencies, joint labor management committees with 15 [§ 12111(5)(A)] or more employees. Sovereign immunity operates here when the state government is an employer—the waiver in Title V (§ 12202) isn’t effective for Title I because there’s not enough legislative history to enforce it. [ Note : There is enough legislative history to enforce the waiver for Titles II and III.] ii. Exempt : The U.S. Government and corporations fully owned by the U.S. govt, Indian tribes, bona-fide private membership clubs that are not labor organizations and that are exempt from taxation b. Person must be disabled (see definition) c. Qualified individual with a disability i. Individual who meets the skill, experience, education, and other job- related requirements of a position held or desired, and who with or without reasonable accommodation can perform the essential functions of the job. 1. see p. 51 in handbook for essential functions d. Reasonable Accommodations: 1
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i. Employer must make reasonable accommodations (unless it can show undue hardship) 1. see p. 44 of Handbook for examples of reasonable acc.) e. Defenses (see my outline) i. Undue hardship ii. Direct threat to health and safety of individual or others iii. Business necessity iv. Accommodation not requested v. Person didn’t apply for job vi. Person was not qualified for job vii. Person is not covered by ADA (not disabled) viii. Substantial alteration of program (lights in night club) ix. In class action, too fact-intensive to be class action x. Religious exception xi. Is specifically permitted by § 1630.14 or 1630.16 f. Remedies (also see Title I section of my outline) i. Compensatory and punitive damages ii. Back pay iii. Front pay iv. Restored benefits v. Attorney’s fees vi. Reasonable accommodation vii. Reinstatement viii. Job offers g. Pre-employment inquiries
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GM ADA Big Picture - ADA Big Picture Title I(Employment...

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