Americans with Disabilities Act

Question 1

Who is a plaintiff?

Answer 1

Qualified individual:

1. actual, recorded, or perceived disability
2. disability is physical or mental, and substantially limits major life activities
3. individual can perform essential functions of job with or without reasonable accommodation

Question 2

Who is a defendant?

Answer 2

Employer with 15 or more employees

Question 3

Proving a Mixed Motive Case and Price Waterhouse framework

Answer 3

Must have direct evidence that an impermissible reason was motivating factor in employer’s action
Employer may avoid liability by proving by preponderance that it would have made same decision absent impermissible reason.
Liability is not established until after employer gets this opportunity.

Question 4

Factors of Reasonable Accommodation Availability

Answer 4

1. job restructuring
2. reassignment
3. part-time or modified hours
4. readers/interpreters
5. cost

Question 5

Defenses available:

Answer 5

1. LNDR
2. Undue Hardship
3. direct threat to health and safety
4. Job related and business necessity, no accommodation available

Question 6

Remedies available

Answer 6

Legal (not liquidated)

Equitable