LSJ 434/CHID 434 Winter Quarter 2010 Sherrie Brown ADA 101 LSJ 434/CHID 434 Winter Quarter 2010 Sherrie Brown

AMERICANS WITH DISABILITIES ACT (ADA) of 1990 Comprehensive, broader coverage than Rehabilitation Act of 1973 Same definition for “person with disability,” reasonable accommodation (modification), etc. Covers Employers (Title I), Public Services of local and state government (Title II), Public Accommodations (Title III), Telecommunications Relay Services (Title IV). Defenses differ among titles; generally undue hardship, undue burden, direct threat, unqualified. Congress enacted amendments that were effective 1/1/2009 in response to Supreme Court decisions. LSJ 434

ADA Title I* No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement or discharge of employees, employee compensation, job training, and other terms, conditions and privileges of employment. 42 U.S.C. 12112 (a) No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 42 U.S.C. 12112 (a) effective 1/2009 LSJ 434

Qualified individual with a disability The term "qualified individual with a disability" means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. For the purposes of this subchapter, consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job. LSJ 434

Terms of Art… Person with disability is an individual With a Physical or Mental Impairment, that Substantially Limits a Major Life Activity; or Has a history of such an impairment; or Is regarded as having such an impairment. LSJ 434

Continued… Qualified individual is one who Can perform the essential functions of the job with or without reasonable accommodations and Meets eligibility requirements for the program or service in question. LSJ 434

Reasonable Accommodation/Modifications Modification or adjustments to the job or school application process, work or school environment, manner under which job or tasks are performed Modification or adjustment that allows an employee or student to enjoy same benefits and privileges Case by case analysis required Undue burden or substantial modification not required LSJ 434

Discrimination What constitutes specific acts of “discrimination” differs depending on the situation—e.g., discrimination in an employment setting (Title I) is different that discrimination in a school setting (Title II) or in an access to public services case (Title III). * http://www.ada.gov/pubs/adastatute08mark.htm#12101note LSJ 434

Congress v. Supremes ADA Amendments of 2008 Former President Bush signed the ADA Amendments on September 25, 2008. Act rejects some EEOC regulations and US Supreme Court decisions that had changed previous understandings of ADA definition of “disability.” Effective January 1, 2009. LSJ 434

Summary ADA continues to use the earlier “classic” statutory definition but changes the judicial/regulatory interpretations: Mandates EEOC to revise regulations defining “substantially limits.” Expands the definition of “major life activities” by including 2 non- excusive lists—previous EEOC activities and major bodily functions. Mitigating Measures “other than ordinary eyeglasses or contact lenses” shall not be considered when determining disability. Impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. Individuals covered only under the “regarded as” prong of the definition are not entitled to reasonable accommodation. Disability should be interpreted broadly. Prohibits discrimination on the basis of disability in Title I. LSJ 434