ADA

Question 1

ADA protections in an EMPLOYMENT setting applies to what sized employer?

Answer 1

ADA 
(1)  Empl = 15+
(2)  Pub services =  All public ERs.     
-----------
#s LEAD Aging for all of us.
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1981, 1983, 1985
fLsa
Epa
ADa (pub serv)  [emp = 15+]
ADEA
All public ERs.

Question 2

ADA protections in PUBLIC SERVICES setting applies to what sized employer?

Answer 2

(1) Pub services = All public ERs.
(2) Empl = 15+
———–
#s LEAD Aging for all of us.
———–
1981, 1983, 1985
fLsa
Epa
ADa (pub serv) [emp = 15+]
ADEA
All public ERs.

Question 3

Who administers?

Answer 3

EEOC

Question 4

What class is protected by ADA?

Answer 4

Disabled or regarded as disabled.

Question 5

What condition is included in ADA that might surprise you?

Answer 5

PTSD.

Question 6

State the S/L for ADA-employment.

Answer 6

300 + 90 (re: employment)

Same as Title 7.

Question 7

What does ADA-employment protect?

Answer 7

Employment discrimination.

~emp applies to 15+
~pub serv applies to all.

Question 8

What does ADA-public services protect?

Answer 8

Public accommodation + services.

~pub serv applies to all.
~employ applies to 15+.

Question 9

State the mechanics & deadlines for filing a claim, re: ADA-public services.

Answer 9

ADA
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Give LG 60 days to fix.  
Addtl 120 days if subst. progress.
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No need to file w/ DOJ or get rt to sue ltr.

Question 10

What is a public accommodation under ADA-public services?

Answer 10

Necessary auxiliary aids and services for effective communication & participation.

Question 11

Sue indiv?

Answer 11

No.

Question 12

3 things for Prima facie case.

Answer 12

ADA       Qualified w/ disability.
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Is "Qualified"
Is impaired.
Requested reas accommodation.

Question 13

Do you have to prove that belonging to a suspect class is the only reason for the adverse employment action?

Answer 13

YES. But for. (both discrim + retaliation)
———–
But for being Old, 1981 Disabled Retaliated.
———–
ADEA, 1981, ADA + retaliation

Question 14

Who has what burden & does it shift?

Answer 14

ADA   unique burden sharing
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PL shows 
1) qualified, 
2) impaired, 
3) req'd reas accom.
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LG 
1) disputes showing OR 
2) accomm undue hrdshp.

Question 15

What 3 things shows impairment?

Answer 15

ADA

1. Has or is regarded as having;
2. Substantially limits 1 or more major life activities; &
3. Has a record of such impairment

Question 16

What 3 things show you’re “Qualified” under ADA?

Answer 16

ADA      DAFfy is qualified.
-----------
1.	w/ a disab. who,
2.	w/ or w/o reason. accomm
3. 	can perform the essential functions of the job.
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Elements:
1)  Qualified.
2)  impaired or regarded as impaired
3) w/ or w/o reas accom.

Question 17

3 Defenses avail.

Answer 17

ADA
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Providing a reasonable accomm wd pose:
•	Undue hardship or
•	Prohibitively expensive or
•	Significantly difficult to implement.

Question 18

State 7 damages available to an ADA Plaintiff.

Answer 18

ADA Liquid + Accom + JEFF’s Lost Benes.

1. Liquidated.***
2. Reas accomm if reinstated.
3. Jury trial.
4. Equitable relief.
5. Front pay (if can’t reinstate)/Back pay
6. C + AF
7. Lost benes.

• ** double liquids gets you AA [ADA + ADEA]

Question 19

Which theories provide liquidated (double) damages NOT on the 2/3 scheme?

Answer 19

GEN.
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double liquids gets you AA
ADA       [300 + 90, ltr if can't complete in 180 days]
ADEA    [300 + 90, sue aft 60 w/o ltr]

Question 20

What other theories of recovery offer ADA’s damages?

Answer 20

Punis + JEFF + Lost Benes
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All #s + A.M. ALE
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1981, 1983, 1985
[A.M. ALE - drinking in the a.m.?  that's a lot of liquid]
Adea 
fMla  (3 yrs) + interest
Ada
fLsa  (3 yrs)
Epa  (3 yrs)