Discrimination with a Difference: Can Employment Discrimination Law Accommodate the Americans with Disabilities Act?

2000 ◽  
Author(s):  
Samuel Issacharoff ◽  
Justin A. Nelson
Keyword(s):  
Americans With Disabilities Act ◽  
Employment Discrimination

On the Importance of the Americans With Disabilities Act at 30

2021 ◽  
pp. 104420732110369
Author(s):  
Peter Blanck
Keyword(s):  
Title I ◽  
Individual Difference ◽  
Americans With Disabilities Act ◽  
Local Governments ◽  
Employment Discrimination ◽  
Legal Cases ◽  
The Public ◽  
Title Iii ◽  
State And Local ◽  
Definition Of

This article offers a glimpse of the Americans with Disabilities Act (“ADA”) of 1990, as amended by the ADA Amendments Act of 2008 (“ADAAA”), at its 30th anniversary. It considers current issues before the courts, primarily legal cases from 2020 and 2021, and new questions in light of the COVID-19 pandemic, such the latitude of the ADA’s antidiscrimination protections and its definition of disability. It provides a quick primer on the basics of the ADA: employment discrimination under Title I, antidiscrimination mandates for state and local governments under Title II, and commands to places of accommodation offering services to the public under Title III. The ADA at 30 remains a beacon for a future in which all people, regardless of individual difference, will be welcomed as full and equal members of society.

scholarly journals Improving Employer Accountability in a World of Private Dispute Resolution

2019 ◽  
pp. 285-314
Author(s):  
Hope Brinn
Keyword(s):  
Dispute Resolution ◽  
Americans With Disabilities Act ◽  
Employment Discrimination ◽  
Title Vii ◽  
Enforcement Mechanism ◽  
State Statutes ◽  
Settlement Agreements ◽  
Private Litigation

Private litigation is the primary enforcement mechanism for employment discrimination laws like Title VII, the Americans with Disabilities Act, and many related state statutes. But the expansion of extrajudicial dispute resolution—including both arbitration and prelitigation settlement agreements—has compromised this means of enforcement. This Note argues that state-enacted qui tam laws can revitalize the enforcement capacity of private litigation and provides a roadmap for enacting such legislation.

Kansas Court Denies Employment Discrimination Claims under ADA, FMLA, and PDA

1996 ◽  
Vol 24 (3) ◽  
pp. 271-272
Author(s):  
B.P.M
Keyword(s):  
United States ◽  
Americans With Disabilities Act ◽  
Employment Discrimination ◽  
The United States ◽  
District Court ◽  
Medical Leave ◽  
Pregnancy Discrimination ◽  
The Family ◽  
Pregnancy Discrimination Act ◽  
Summary Judgment

The United States District Court of Kansas, in Gudenkauf v. Stauffer, Znc.(922 F. Supp. 465 (D. Kan. 1996), granted the defendants motion for summary judgment for the plaintiff's claims of pregnancy-related discrimination under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act of 1993 (FMLA), but the court denied a similar motion for the plaintiff's claim under the Pregnancy Discrimination Act (PDA). The court found summary judgment to be appropriate for the ADA claim based on its finding that the plaintiff's pregnancy did not constitute an impairment as required by the statute; as for the FMLA claim, it determined that the defendants failure to grant the plaintiff's leave request did not violate the statute. However, the court determined that summary judgment was inappropriate for the PDA claim because of material questions of fact about whether the defendant had acted with discriminatory intent.In considering the motions for summary judgment, the court accepted the following facts as incontrovertible. Plaintiff Michaela Gudenkauf worked for the defendant Stauffer, Inc.

Outcomes of Employment Discrimination Charges Filed Under the Americans With Disabilities Act

1999 ◽  
Vol 50 (8) ◽  
pp. 1028-1035 ◽  
Author(s):  
Kathryn Moss ◽  
Michael Ullman ◽  
Barbara E. Starrett ◽  
Scott Burris ◽  
Matthew C. Johnsen
Keyword(s):  
Americans With Disabilities Act ◽  
Employment Discrimination

The employment discrimination experiences of younger and older Americans with cancer under Title I of the Americans with Disabilities Act

2020 ◽  
Vol 14 (5) ◽  
pp. 614-623
Author(s):  
David R. Strauser ◽  
Mykal J. Leslie ◽  
Phillip Rumrill ◽  
Brian McMahon ◽  
Chelsea Greco
Keyword(s):  
Title I ◽  
Americans With Disabilities Act ◽  
Employment Discrimination ◽  
Older Americans

Public Employers' Obligation to Reasonably Accommodate the Disabled under the Rehabilitation and Americans with Disabilities Acts

1992 ◽  
Vol 21 (3) ◽  
pp. 273-300 ◽  
Author(s):  
Harvey R. Boller ◽  
Douglas Massengill
Keyword(s):  
Americans With Disabilities Act ◽  
Employment Discrimination ◽  
Individuals With Disabilities ◽  
Reasonable Accommodations ◽  
The Disabled ◽  
Rehabilitation Act ◽  
The Individual

Effective July 22, 1992, the Americans with Disabilities Act, in conjunction with the Rehabilitation Act, will prohibit virtually all public employers from employment discrimination against individuals with disabilities. Compliance with these statutes requires employers to make modifications —called “reasonable accommodations”—which permit individuals with disabilities to perform the “essential functions” of the position they hold or seek. The Article examines issues on which there is little literature: when, and to what extent, do these statutes require an employer to modify the job or the workplace to accommodate an individual with a disability? Resolution of these questions requires consideration of three additional, interrelated questions. First, what are the “essential functions” of a position? Second, are there accommodations which would permit the individual to perform its essential functions? Third, would the proposed accommodations impose an “undue hardship” on the employer?

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