ADA: Disability Dilemmas Ashley E. Interrante

Basic Principles of the Americans With Disabilities Act To establish a claim for discrimination under the ADA, a plaintiff must prove that: He had a disability He was qualified for the job An adverse employment decision was made because of his disability

Basic Principles of the Americans With Disabilities Act Certain conditions and impairments are not considered disabilities and are excluded from coverage Temporary conditions Physical characteristics Personality characteristics Stress Sexual conditions I llegal use of drugs

When Determining Whether an Individual has a Disability under the ADA, Mitigating and Corrective Measures are to be Considered

Dos and Don’ts when Dealing with Mental Disabilities Do expand and enforce job descriptions Don’t unintentionally learn of an employee’s mental condition Do remember the confidentiality requirements of the ADA Do conduct exit interviews

What Does it Mean to Regard Someone as Disabled?

Harassment Based on Disability

United States Supreme Court Update Seniority rules can trump ADA accommodations Supreme Court upholds ADA direct threat to self-defense

The ADA After September 11