ADA Flashcards
ADA protections in an EMPLOYMENT setting applies to what sized employer?
ADA (1) Empl = 15+ (2) Pub services = All public ERs. ----------- #s LEAD Aging for all of us. ----------- 1981, 1983, 1985 fLsa Epa ADa (pub serv) [emp = 15+] ADEA All public ERs.
ADA protections in PUBLIC SERVICES setting applies to what sized employer?
(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.
ADA
Who administers?
EEOC
What class is protected by ADA?
Disabled or regarded as disabled.
What condition is included in ADA that might surprise you?
PTSD.
State the S/L for ADA-employment.
300 + 90 (re: employment)
Same as Title 7.
What does ADA-employment protect?
Employment discrimination.
~emp applies to 15+
~pub serv applies to all.
What does ADA-public services protect?
Public accommodation + services.
~pub serv applies to all.
~employ applies to 15+.
State the mechanics & deadlines for filing a claim, re: ADA-public services.
ADA ----------- Give LG 60 days to fix. Addtl 120 days if subst. progress. ----------- No need to file w/ DOJ or get rt to sue ltr.
What is a public accommodation under ADA-public services?
Necessary auxiliary aids and services for effective communication & participation.
Sue indiv?
No.
3 things for Prima facie case.
ADA Qualified w/ disability. ----------- Is "Qualified" Is impaired. Requested reas accommodation.
Do you have to prove that belonging to a suspect class is the only reason for the adverse employment action?
YES. But for. (both discrim + retaliation)
———–
But for being Old, 1981 alcoholic (AA) Disabled Retaliated.
———–
ADEA, 1981, ADA + retaliation
ADA
Who has what burden & does it shift?
ADA unique burden sharing ----------- PL shows 1) qualified, 2) impaired, 3) req'd reas accom. ----------- LG 1) disputes showing OR 2) accomm undue hrdshp.
What 3 things shows impairment?
ADA
- Has or is regarded as having;
- Substantially limits 1 or more major life activities; &
- Has a record of such impairment
What 3 things show you’re “Qualified” under ADA?
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. ----------- Elements: 1) Qualified. 2) impaired or regarded as impaired 3) w/ or w/o reas accom.
3 Defenses avail vs. an accommodation.
ADA ----------- Providing a reasonable accomm wd pose: • Undue hardship or • Prohibitively expensive or • Significantly difficult to implement.
State 7 damages available to an ADA Plaintiff.
ADA Liquid + Accom + JEFF’s Lost Benes.
- Liquidated.***
- Reas accomm if reinstated.
- Jury trial.
- Equitable relief.
- Front pay (if can’t reinstate)/Back pay
- C + AF
- Lost benes.
- ** double liquids gets you AA [ADA + ADEA]
Which theories provide liquidated (double) damages NOT on the 2/3 scheme?
GEN. ----------- 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]
What other theories of recovery offer ADA’s damages?
Punis + JEFF + Lost Benes ----------- All #s + A.M. ALE ----------- 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)
