ADA Flashcards
What is the statutory language in Title I of the ADA’s anti-discrimination provision?
Under Title I of the ADA [the employment provision], “[n]o covered entity shall discriminate against a quali-fied 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).
Who can bring a claim under the ADA?
A “qualified individual” 42 U.S.C. § 12112(a).
What’s the definition of a “qualified individual” under the ADA?
an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. 42 U.S.C. § 12111(8)
Which defendants are covered by the ADA?
The ADA applies to a “covered entity.” 42 U.S.C. § 12112(a).
How is “covered entity” defined under the ADA?
Under the ADA, the term “covered entity” means an employer, employment agency, labor organization, or joint labor-management committee. 42 U.S.C.A. § 12111; 29 C.F.R. § 1630.2(b).
How is “employer” defined under the ADA?
An “employer” means “a person engaged in an indus-try affecting interstate commerce who has 15 or more employees for each working day in 20 or more calen-dar weeks in the current or preceding calendar year, and any agent of such person…” 42 U.S.C. § 12111(5).
Does the McDonnell Douglas burden-shifting framework apply to ADA disparate treatment claims?
Yes. See Walton v. Mental Health Ass’n of Southeastern Pa., 168 F.3d 661, 667–68 (3d Cir.1999); Krouse, 126 F.3d at 500–01; Newman v. GHS Osteopathic, Inc., 60 F.3d 153, 156–58 (3d Cir.1995).
Does the McDonnell Douglas burden-shifting framework apply to ADA retaliation claims?
Yes. See Walton v. Mental Health Ass’n of Southeastern Pa., 168 F.3d 661, 667–68 (3d Cir.1999); Krouse, 126 F.3d at 500–01; Newman v. GHS Osteopathic, Inc., 60 F.3d 153, 156–58 (3d Cir.1995).
What’s required to establish a prima facie case of discrimination under the ADA under a disparate treatment theory?
In order for a plaintiff to establish a prima facie case of discrimination under the ADA, the plaintiff must show: “(1) he is a disabled person within the meaning of the ADA; (2) he is otherwise qualified to perform the essential functions of the job, with or without rea-sonable accommodations by the employer; and (3) he has suffered an otherwise adverse employment deci-sion as a result of discrimination.” Gaul v. Lucent Technologies, 134 F.3d 576, 580 (3d Cir. 1998) (citing Shiring v. Runyon, 90 F.3d 827, 831 (3d Cir. 1996)); Shaner v. Synthes, 204 F.3d 494 (3d Cir. 2000).
What affirmative defenses are available under the ADA?
- Standard/test is job related and consistent with business necessity
- Direct threat: The term “qualification standards” may include a re-quirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace. 42 U.S.C.A. § 12113(b); see also 29 C.F.R. § 1630.15(b)(2)
- Religious entities can give preference to individ-uals of a particular religion:
- Action justified by legitimate, nondiscriminatory reason:
- Undue hardship:
- Conflict with other federal laws:
- Claims based on transitory and minor impair-ments under the “regarded as” prong: It may be a defense to a charge of discrimination by an individual claiming coverage under the ‘‘regarded as’’ prong of the definition of disability that the im-pairment is (in the case of an actual impairment) or would be (in the case of a perceived impairment) ‘‘transitory and minor.’’
What’s required to establish that an impairment is “transitory and minor?”
Whether the impairment at issue is or would be ‘‘transitory and minor’’ is to be determined objectively. A covered entity may not defeat ‘‘regarded as’’ coverage of an individual simply by demonstrating that it subjectively believed the impairment was transitory and minor; rather, the covered entity must demonstrate that the impairment is (in the case of an actual impairment) or would be (in the case of a per-ceived impairment) both transitory and minor. For purposes of this section, ‘‘transitory’’ is defined as lasting or expected to last six months or less. 29 C.F.R. § 1630.15(f).
What damages are available in ADA claims?
Relief under the ADA is largely the same as relief available under Title VII (42 U.S.C. §§ 1981a and 12117(a)).
* Front pay
* Back pay (capped at two years prior to filing of complaint…or the charge of discrimination?)
* Compensatory (i.e., emotional pain and suffer-ing/other non-pecuniary losses) and punitive damages (subject to caps based on number of employees, as set forth in Civil Rights Act of 1991 – 42 U.S.C. § 1981(a)).
o 15-100 employees: $50k
o 101-200 employees: $100k
o 201-500 employees: $200k
o 500+ employees: $300k
* Injunctive relief, such as reinstatement, hiring, or promotion.
Can a prevailing plaintiff recover attorneys’ fees under the ADA?
Yes – at the court’s discretion.
42 U.S.C. § 12205.
Can a defendant recover attorneys’ fees under the ADA?
Yes.
Prevailing defendants can recover attorneys’ fees un-der the ADA if the plaintiff’s action was frivolous, un-reasonable, without foundation, or brought in bad faith. See Christianburg Garment Co. v. EEOC, 434 U.S. 412 (1978).
Does the ADA permit a hostile work environment claim?
Unresolved – but probably yes.
See Walton v. Mental Health Ass’n of Southeastern Pa., 168 F.3d 661, 666 (3d Cir. 1999).
