Questions and Answers
The Vocational Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in which of the following?
What does §501 of the Vocational Rehabilitation Act of 1973 require from federal employers?
Prohibits discrimination against qualified individuals with disabilities and requires affirmative action to hire and advance them.
What is the primary focus of §503 of the Vocational Rehabilitation Act?
Prohibits federal contractors from discriminating against qualified individuals with disabilities and requires affirmative action.
The OFCC rule establishes a '7% quota system' for contractors that do not hire disabled individuals.
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What does §504(a) of the Rehabilitation Act state?
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What does the Americans with Disabilities Act of 1990 extend?
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Similar to other anti-discrimination laws, the US Supreme Court held in '__________' that two types of discrimination exist under the ADA.
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The ADA applies to all employers that employ what minimum number of employees?
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The ADA imposes a duty on employers to accommodate disabled employees.
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List the four factors a plaintiff must prove for a prima facie case for disparate treatment regarding a disability.
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The ADA and the Vocational Rehabilitation Act allow employers to make adverse employment decisions based solely on disability.
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What does the term disability mean?
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There is a specific list of impairments classified as disabilities.
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What does the EEOC define as an impairment?
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What are examples of impairments that are NOT considered disabilities?
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Why was the employee late?
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Prior to 2008, mitigating measures like eyeglasses were considered when determining if an impairment was a disability.
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Being regarded as having an impairment implies that an individual is disabled, regardless of actual disability.
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What must a disabled employee do first to request an accommodation?
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What impact does the ADA have on employment concerning association with a disabled individual?
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The employee must provide reasonable medical documentation when requesting an accommodation.
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In the case of Caleb, why does he have an associational discrimination claim under the ADA?
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Which option for accommodating a disabled employee was denied in Brad's case?
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Under the ADA, an employee who requests a reasonable accommodation for a pre-employment test does what?
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Disparate impact refers to a situation where an employer's policy appears __________ on its face but affects a particular protected group more harshly.
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Disability determination is based on the effect of impairment on an individual's life.
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If an employee believes they are a victim of discrimination based on disability, what is the typical first step?
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An employer can consider future potential disabilities when making hiring decisions.
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The employer has a duty to provide any accommodation that an employee requests under the ADA.
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What is a legitimate business necessity in the context of ADA discrimination claims?
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What is required of an employer with respect to essential functions of a job?
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An employer must create a new job to accommodate a disabled employee.
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Which of the following is true regarding Adam's discrimination claim?
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When is an accommodation deemed unreasonable?
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No jury trial and no compensatory or punitive damages are allowed in an ADA retaliation suit.
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The employer can use the direct-threat defense if it is based on a __________ medical judgment.
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The ADA requires employers to incur only a de minimis amount of cost to accommodate disabilities.
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In EEOC v. Convergys Cust. Mgt. Group, Inc., what was a determining factor in the employee's disability claim?
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Study Notes
Vocational Rehabilitation Act and ADA Overview
- The Vocational Rehabilitation Act of 1973 prohibits disability discrimination in federal agencies, federally funded programs, federal employment, and federal contractors.
- §501 prohibits federal employers from discrimination and mandates affirmative action for qualified individuals with disabilities.
- §503 applies to federal contractors with annual contracts over $10,000, requiring them not to discriminate and to take affirmative hiring actions.
Quota and Discrimination Provisions
- The OFCC implements a 7% quota system requiring at least 7% of employees in each job category to be individuals with disabilities for contractors with 50+ employees and $50,000+ contracts.
- §504(a) states that no qualified individual with a disability can be excluded from programs receiving federal assistance solely because of their disability.
Americans with Disabilities Act (ADA)
- The Americans with Disabilities Act (ADA) of 1990 extends protections to employees in the private sector, ensuring no discrimination in hiring, job application, advancement, or compensation based on disability.
- The ADA applies to employers with 15 or more employees.
Discrimination Types and Legal Standards
- The ADA recognizes two types of discrimination: disparate treatment and disparate impact, as established in Raytheon v. Hernandez.
- A prima facie case for disparate treatment requires proof that the individual is in a protected class, qualified for the job, reasonable accommodations are needed, and adverse action was taken.
Definitions and Understanding Disabilities
- The term disability includes physical or mental impairments significantly limiting major life activities, a record of such impairments, or being perceived as having such impairments.
- EEOC defines impairment broadly, including any physiological or psychological disorder.
- Impacts not considered disabilities: routine pregnancy, predispositions to illness, personality traits, and advanced age.
Court Rulings and Employment Implications
- Prior to the 2008 amendment, courts considered mitigating measures like glasses to determine if an individual is disabled; the amendment requires assessment without considering corrective measures, excluding glasses and contacts.
- "Being regarded as having an impairment" means employees can claim protection even if they do not have a disability but are perceived as disabled.
- Employers have no obligation to accommodate employees based on the disability of someone they know or are associated with.
Case Law Examples
- In Kees v. Wallenstein, corrections officers with disabilities were deemed unqualified as direct inmate contact was essential, leading to job termination.
- In Samper v. Provid. St. Vincent Med. Center, a nurse, unable to meet attendance requirements due to fibromyalgia, was not considered "otherwise qualified" under the ADA due to excessive sick days.
- Huber v. WalMart Stores, Inc. upheld that employers need not reassign disabled employees if it contravenes their policy of hiring the most qualified applicants.
Employment Accommodations
- Reasonable accommodations could include modifying job duties, providing accessible facilities, or adjustment of job-related processes.
- Accommodations should not create undue hardship for the employer and do not require creating new positions or bumping current employees.
Additional Considerations
- The standards for undue burden incorporate financial costs and significant operational disruptions.
- Under EEOC v. Convergys Cust. Mgt Group, Inc., a disabled employee's request for accommodations related to parking issues highlighted the employer's responsibility to affirmatively seek reasonable accommodations.
- Legislative intent discourages creating vacancies at the expense of other employees to accommodate disabled workers; there is no obligation to promote disabled individuals over more qualified candidates.### Reasonable Accommodation for Disabled Employees
- Employers must modify job positions or create new roles for employees with disabilities when reasonable accommodation is required.
Case Study: Brad's Dismissal
- Brad, a critical care nurse, was fired after refusing to accept a desk job due to HIV.
- His request for a part-time nurse to assist him was denied and considered an undue hardship by the hospital.
Options for Employees Facing Disability Discrimination
- Employees can file complaints through internal grievance procedures.
- Claims can be filed with the EEOC within 180 days of discrimination; right-to-sue letters must be followed by lawsuits within 90 days.
- State agencies and courts provide additional avenues for redress.
Disability Disparate Treatment Process
- Employees present a prima facie case, prompting employers to provide legitimate non-discriminatory reasons for adverse actions.
- Employees can then argue that the employer's reasons are pretexts for discrimination.
Wilson v. Phoenix Special Manufacturing Co., Inc. Case
- A Parkinson’s patient faced discriminatory treatment and was denied job accommodation.
- The US District Court awarded $177,000 in back pay and damages, with the decision affirmed by the appeals court.
Employee Responsibilities Under ADA
- Employees must provide notice of their disability and detail their accommodation needs.
- Failure to furnish reasonable medical documentation may impede ADA claims.
Employer Defenses Against Disparate Treatment Claims
- Employers lack liability if they were not properly notified of a disability or accommodation request.
- Employers can argue that accommodations would cause undue hardship or present legitimate non-discriminatory reasons for adverse actions.
Disparate Impact in Employment Policy
- A policy can appear neutral but may disproportionately affect protected groups, resulting in illegal discrimination against disabled employees.
Employer Defense Against Disparate Impact Claims
- Policies can be justified if proven as necessary for legitimate business operations.
Liability for Disability Harassment
- Employers can be held liable for disability harassment if they fail to act upon knowledge of the harassment creating a hostile work environment.
ADA Retaliation Claims
- Retaliation claims under ADA do not allow for jury trials or compensatory/punitive damages; remedies are limited to equitable relief.
Medical Exams and Employment
- Medical exams can only be required post-employment offer, and only if all employees in the category are subject to the same exams.
Drug Users and ADA Coverage
- Current drug users are not protected under the ADA, but former users in recovery and alcoholics are protected, barring adverse performance.
Case Study: Adam's Discrimination Claim
- Adam, with mild intellectual disability and ADHD, has a valid discrimination claim under the ADA due to potential limitations in major life activities.
Direct-Threat Defense in Employment
- Employers can invoke this defense only if based on reasonable medical judgment regarding the employee's condition.
Association Discrimination
- Employers cannot prejudge an employee based on the disability of their associated individual; termination based on stereotypes is prohibited.
ADA Retaliation Suit Limitations
- Remedial avenues in ADA retaliation suits are limited to equitable relief, such as reinstatement if termination occurs.
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