Chapter 21: ADA Flashcards
American with disabilities act
15 or more employees
Equal Employment Opportunity Commission (EEOC) enforces
180 days
what is a disability
physical or mental impairment that substantially limits major life activities of such individual (broad)
employers need to be aware that allergies to fragrance/multiple chemical sensitivities can be disabilities under ADA
ADA cannot discriminate
cannot fire someone the day after they disclose that they have a mental health impairment
also cannot discriminate based on child having disability and hired person has to miss work
when interviewing - cannot ask about medical conditions
other requirements for ADA
1) essential functions of the job - perform about 90% of job duties with disability
2) reasonable accomadations
3) undue burden/hardship - defined in that statute as “significant difficulty or expense” (if the disability is an undue burden, they are not required to provide RA)
TEST: if someone has a medical condition and they are not at work –> FMLA
TEST: if at work, but needs a break because they have diabetes/need help lifting –> ADA
example: Joe works on production line where he has to lift over 10lbs a majority of the day and over 50lbs once in a while
A. Joe has a work related injury to his back. After surgery, dr. says he cannot life over 10lbs
- No - because over 10lbs is majority of the day, you can medically lay him off = fire him,; you do not have to find a job for him in another dpt
B. Joe has a work related injury to his back. After surgery, dr. says cannot lift over 50 lbs
- yes - because over 10lbs is majority of his day - 50lbs is only once and a while; have to now provide RA: let coworker pick it up;
- undue burden: significant financial expense
soo….if no coworker is there to lift 50lbs or employer would have to hire another person for someone to lift 50lbs
undue burden/hardship
made a RA
other not undue burdens:
- buying new desk
- hearing impairment
- etc.
Walmart case
cart pusher
filed claim with EOC –> Walmart violated ADA –> EOC took case filed lawsuit
- he got bunch of $$ in damages
- was visually/hearing impaired - but worked 16yrs as a cart pusher
- gave him some kind of RA to do his job (not an undue burden)
- gets a new manager - manager suspends him and fires him - not ok.
Kroger case
o Asked for reasonable accommodation to complete computer orientation because has visual impairment – fired him
o RA’s:
Without purchasing stuff as employee have someone read it to him
perceived disability
o Thought she had cancer, didn’t, fired her for having cancer
o Missed couple days to be tested for cancer – came back negative
o Sent her a letter and terminated her – and said was not related to her performance
They put it in WRITING
after job offer
an employer cannot ask about physical or medical conditions or any existence of a disability until after it extends a job offer (cannot withdraw a job offer)
employers must ask the same questions of other applicants offered the same type of job
if employee wants RAs, as employer can ask for doc notes
employer can ask the employee for documentation about the disability and restrictions
all medical info must be _____
kept separate from a personnel file
cannot tell other employees about why you are making accomodations
pregnancy workers fairness act
15 or more employees
EEOC 180 days
reasonable accomodations unless it creates an undue burden
- basically treating it like a disability
employers for PWFA - new federal law.- must make RA for pregnancy, childbirth, related medical conditions unless the accommodation will cause the employer an undue hardship
PWFA applies only to accommodations not discrimination
