ADA and Employment

Question 1

Meritor Savings Bank v. Vinson (1986)

Answer 1

SCOTUS ruled that a person who initially willingly engaged in ultimately harmful behavior (sex) may still bring a suit for sexual harassment

Question 2

Harris v. Forklift Systems (1993)

Answer 2

to prove sexual harassment a plaintiff need not prove psychological damages, since detracting from the person’s job or unfairly preventing him or her from advancing may be wrongs in and of themselves

Question 3

Olmstead v. L.C. ex rel Zimring (1999)

Answer 3

SCOTUS ruled that treatment on an inpatient basis may violate patients’ rights under the ADA

states have the responsibility to provide the most integrating setting, so inpatient could be unfair and illegal discrimination

Question 4

Burlington Industries, Inc. v. Ellerth (1998)

Answer 4

SCOTUS held that employers are vicariously liable for supervisors who create hostile working conditions for those over whom they have authority

Question 5

Ellison v. Brady (9th Cir. 1991)

Answer 5

sexual harassment cases must be judged from the “reasonable woman” standard

Question 6

Oncale v. Sundowner Offshore Services, Inc. (1998)

Answer 6

sexual harassment can be same-sex

Question 7

Ricci v. DeStefano (2009)

Answer 7

Before an employer can engage in intentional discrimination for the purpose of avoiding a “disparate impact” on a protected trait (race, color, religion, national origin), the employer must have a “strong basis in evidence” that it will be subject to “disparate impact liability” if it fails to take the discriminatory action