disability Flashcards
what are the four causes of action under the ada
Disparate treatment discrimination;
Failure to make reasonable accommodations;
Unlawful medical inquiries; and
Unlawful disparate impact discrimination
what does the ADA say
Unlawful to discrim against qualified individual on basis of disability
Also unlawful to not provide reasonable accommodation up to point of undue hardship to otherwise qualified individual
how are cases brought under the ada analysied
P must prove
- Are disabled;
- Are qualified to perform the essential functions of the job with or without reasonable accommodation; and
- Have suffered an adverse action.
after p proves the prima facie case of disability what happens next
the burden shifts to employer
burden of production in articulating a legitimate nondiscriminatory reason for the adverse action.
After the employer meets this standard, the plaintiff must establish that the legitimate nondiscriminatory reason is
Pretextual.
how does p establish they are qualified
Must show that
1. She “satisfies the requisite skills, education, experience, and other job-related requirements of the employment position that the individual holds or desires,” and
2. She can perform the essential functions of such position with or without reasonable accommodation.
how does a p prove they are disabled
P must show:
1.A physical or mental impairment that substantially limits one or more major life activities of such individual;
2.A record of such an impairment; or
3.Is regarded as having such an impairment.
what is the key takeaway from Sutton (the twins with bad eyes; proving disability)
Both applied to be commercial airline pilots.
Both were invited for interviews, but were told that a mistake had been made because they did not meet the minimum vision requirements
Issues
Should the determination of disability under the ADA be made without reference to corrective measures that mitigate the impairment?
Is poor vision regarded as an impairment that substantially limits the petitioners in a major life activity?
SCOTUS held that mitigating measures should not be taken into account when deciding whether an individual is actually disabled.
SCOTUS held that poor vision cannot be regarded as a substantially limiting impairment because it has only foreclosed the petitioners from pursuing work as airline pilots, not from numerous other positions available in the aviation industry.
what did the americans with disabilities amendments act do ? what are the two exceptions they provide for?
provides that mitigating measures may be taken into account when determining whether an individual is disabled. The statute provides for two exceptions: ordinary eyeglasses and contact lenses.
what is the key takeaway from heartway
the hep c nurse case
Edwards was diagnosed with hepatitis C, a viral disease transmitted by blood to blood contact.
Edwards did not disclose her disease on the application.
Edwards cut herself at work and her sister told Raines, the director of nursing, that Edwards had hepatitis.
Edwards obtained a letter from her doctor, but she was fired before she had the chance to bring the letter to York Manor.
Edwards brought her doctor’s note to York Manor’s facility administrator, Townsend. Townsend refused to reinstate her as cook, claiming that she was fired for falsifying information on her job application.
issue
how is the regaded as prong be met
The “regarded as” standard may be met when a person has a physical or mental impairment that does not substantially limit major life activities but is treated by covered entity as constituting such limitation.
what is the key takeaway from graham
Graham suffered from a permanent disability of his cognitive processes as a result of a serious beating several years prior to this case. As a result of his injuries, Graham was very acquiescent.
Graham had surgery and the Church fired him.
St. John’s argued that Graham failed to allege a mental impairment that substantially limited a major life activity.
Graham alleged that he had permanent brain damage which caused him difficulty in articulating his thoughts, slowness to comprehend, and difficulty challenging anyone he views as a figure of authority.
The Court held that Graham’s allegations were sufficient to allege a mental impairment covered by the ADA.
what is the key take away from shaver (history of)
Shaver suffered from nocturnal epilepsy since he was a teenager. After part of his brain was removed, he obtained a job at Salem Mills. He was fired and sued Salem under various theories.
Salem argued that Shaver is not disabled within the meaning of the statute.
Shaver had a record of impairment.
A plaintiff may bring a hostile-work-environment claim under the Americans with Disabilities Act.
how can a p allege that an employer failed to accomodate? (two part test)
1.The employee must establish that she was offered a reasonable accommodation; and
- If a reasonable accommodation exists, the employer must establish that it results in an undue hardship on the business.
what does it mean for an accommodation to be reasonable
Accommodation usually need to be reasonable on its face or proven reasonable in a run of cases
Cant result in an undue hardship on the business
what is the key takeaway from US Airway
Barnett was employed at U.S. Airways. He injured his back while working in a cargo-handling position.
Barnett transferred to a less physically demanding position in the mailroom. However, he lost his new position when it became open to seniority-based employee bidding under U.S. Airways’ seniority system.
issue– Does the ADA require an employer to reassign a disabled employee to a position as a reasonable accommodation even though another employee is entitled to hold that position under the employer’s seniority system?
the ADA does not require the employer to assign Barnett to the mailroom position in violation of its seniority system.
The Court reasoned that an employer’s showing that a requested accommodation conflicts with seniority rules is usually sufficient to show that an accommodation is not reasonable.
who has what burden in an accomdoation analysis
P’s burden of proof to show that its reasonable
D burden to show accommodation creates undue hardship
