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9.21.09 - No class Monday but review at night ADA 1992 25...

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No class Monday but review at night. ADA- 1992- 25 or more employees 1994- 15 or more. Government contractors interesting how many businesses. 1973 rehabilitation act. Emancipation act for people that had disabilities. Cynical- ada, have this act implying that doors are closed but now they are opened. Infer that lawsuits are “failure to hire lawsuits”. More than half of lawsuits are on “unfair discharge” Ada plaintiffs have it the hardest because they lose the most. Compared to other Protected Classes and they still lose the most compared to (protected class, etc) and they have the biggest hurdles to overcome compared to other classes. [On the test the issue of whether or not the person is disabled.] 1. A disability as defined by ADA is a physical or mental impairment that substantially limits one or more major life activities . Rankings: bad back, Mental illness, drugs and alcohol. Prima facie case- disabled as defined by the ADA. (that’s considered to be a hurdle) now they have to prove that the defendant is considered disabled.
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