Toward an 'Unqualified' Otherwise Qualified Standard: Job Prerequisites and Reasonable Accommodation Under the Americans with Disabilities Act

2014 ◽  
Author(s):  
John Rumel
Keyword(s):  
Americans With Disabilities Act ◽  
Reasonable Accommodation

The Role of the Pediatrician in Implementing the Americans With Disabilities Act: Subject Review

PEDIATRICS ◽  
1996 ◽  
Vol 98 (1) ◽  
pp. 146-148
Author(s):  
Keyword(s):  
American Academy ◽  
Special Needs ◽  
Americans With Disabilities Act ◽  
People With Disabilities ◽  
Reasonable Accommodation ◽  
Individuals With Disabilities ◽  
American Academy Of Pediatrics ◽  
Counseling Adolescents ◽  
Recreational Programs

In this statement, the American Academy of Pediatrics reaffirms the importance of the Americans With Disabilities Act (ADA), which guarantees people with disabilities certain rights to enable them to participate more fully in their communities. Pediatricians need to know about the ADA provisions to be able to educate and counsel their patients and patients' families appropriately. The ADA mandates changes to our environment, including reasonable accommodation to the needs of individuals with disabilities, which has application to schools, hospitals, physician offices, community businesses, and recreational programs. Pediatricians should be a resource to their community by providing information about the ADA and the special needs of their patients, assisting with devising reasonable accommodation, and counseling adolescents about their expanded opportunities under the ADA.

scholarly journals Teaching in the Aftermath of a Pandemic: Must an Employer Provide an Accommodation for Commuting for a Disabled Employee?

2021 ◽  
Vol 4 (3) ◽  
Author(s):  
Richard J. Hunter, Jr. ◽  
◽  
Hector R. Lozada ◽  
John H. Shannon
Keyword(s):  
Higher Education ◽  
Americans With Disabilities Act ◽  
Research Question ◽  
Faculty Members ◽  
Reasonable Accommodation ◽  
Ability To Work ◽  
American Higher Education ◽  
University Policies

Part I of the paper discusses the Americans with Disabilities Act or ADA, its requirements, and various protections for persons who suffer from a recognized disability which impacts their ability to work under certain circumstances and conditions. The context of this study is American higher education. Part II will discuss the obligation of an employer to offer a “reasonable accommodation” of the nature sought by an employee which would permit the employee to continue teaching while otherwise meeting all of the obligations imposed on faculty members under appropriate university policies. Specifically, the research question considered in Part II relates to whether “commuting” is a covered activity under the ADA which would trigger the responsibility of providing the employee with a reasonable accommodation, allowing an employee to teach in the employee’s preferred combination of online and hybrid modalities.

Teaching in the Aftermath of a Pandemic: Must an Employer Provide an Accommodation for Commuting for a Disabled Employee?

2021 ◽  
Author(s):  
Richard J. Hunter ◽  
Hector R. Lozada ◽  
John H. Shannon
Keyword(s):  
Higher Education ◽  
Americans With Disabilities Act ◽  
Research Question ◽  
Faculty Members ◽  
Reasonable Accommodation ◽  
Ability To Work ◽  
American Higher Education ◽  
University Policies

Part I of the paper discusses the Americans with Disabilities Act or ADA, its requirements, and various protections for persons who suffer from a recognized disability which impacts their ability to work under certain circumstances and conditions. The context of this study is American higher education. Part II will discuss the obligation of an employer to offer a “reasonable accommodation” of the nature sought by an employee which would permit the employee to continue teaching while otherwise meeting all of the obligations imposed on faculty members under appropriate university policies. Specifically, the research question considered in Part II relates to whether “commuting” is a covered activity under the ADA which would trigger the responsibility of providing the employee with a reasonable accommodation, allowing an employee to teach in the employee’s preferred combination of online and hybrid modalities.

Complying with the Americans with Disabilities Act: Assessing the Costs of Reasonable Accommodation

1995 ◽  
Vol 24 (2) ◽  
pp. 149-157 ◽  
Author(s):  
John Hollwitz ◽  
Deborah F. Goodman ◽  
Dean Bolte
Keyword(s):  
Private Sector ◽  
Americans With Disabilities Act ◽  
Ad Hoc ◽  
Job Analysis ◽  
Assessment System ◽  
Reasonable Accommodation ◽  
Cost Assessment ◽  
Public And Private ◽  
Private Sector Organizations ◽  
Public And Private Sector

The Americans With Disabilities Act poses unique challenges for public and private sector organizations. The Act requires reasonable accommodation for a variety of physical and emotional disabilities, but it does not specify what constitutes “reasonable.” If organizations rely on ad hoc decisions regarding protected individuals, they risk unsystematic decisions and exposure to liability under the law. This paper describes a way to systematize decisions about A.D.A. An accommodation cost assessment system, based on a job analysis, can help guarantee that employment and promotion decisions are fair and defensible under the Act.

The ADA: Public Personnel Management, Reasonable Accommodation and Undue Hardship

1992 ◽  
Vol 21 (4) ◽  
pp. 411-427
Author(s):  
Paul S. Greenlaw ◽  
John P. Kohl
Keyword(s):  
Public Sector ◽  
Personnel Management ◽  
Americans With Disabilities Act ◽  
Reasonable Accommodation ◽  
The Public ◽  
Key Concepts ◽  
The Law ◽  
Management Functions ◽  
The Impact

The Americans with Disabilities Act was signed into law on July 26, 1990. This article reviews and summarizes the impact of the ADA on the public sector, and discusses two key concepts of the law, “reasonable accommodation” and “undue hardship.” These two concepts impact all management functions, including personnel management, and are the most troublesome of the Act to interpret and apply.

Mental illness in the workplace: The tension between productivity and reasonable accommodation

1995 ◽  
Vol 23 (1) ◽  
pp. 155-184 ◽  
Author(s):  
Susan L. Pollet
Keyword(s):  
Mental Illness ◽  
Mentally Ill ◽  
Americans With Disabilities Act ◽  
Case Law ◽  
Recent Case ◽  
Reasonable Accommodation ◽  
Rehabilitation Act Of 1973 ◽  
Reasonable Accommodations ◽  
Rehabilitation Act ◽  
The Individual

This article discusses the current legislation that an employer must comply with when dealing with employees who suffer from mental illness and the extent to which an employer must provide reasonable accommodations to such individuals. It includes a discussion of the standards, including the reasonable accommodation requirement, under both the Rehabilitation Act of 1973 (“Rehabilitation Act”) and the Americans with Disabilities Act of 1990 (“ADA”). The article also discusses recent case law involving claims under the above legislation with respect to the threshold question of whether the individual has a “qualifying handicap” and reasonable accommodation issues. The article concludes with a discussion of recommendations regarding ways in which an employer can reasonably accommodate a mentally ill employee, with a brief analysis of some of the barriers to accomplishing same.

Disclosure of Mental Illness to Employers: Legal Recourses and Ramifications

1992 ◽  
Vol 20 (1) ◽  
pp. 85-102 ◽  
Author(s):  
Renée Ravid
Keyword(s):  
Mental Illness ◽  
Mentally Ill ◽  
Americans With Disabilities Act ◽  
Drug Testing ◽  
Case Law ◽  
Medical Examination ◽  
Reasonable Accommodation ◽  
Mentally Disabled ◽  
Employment Setting ◽  
The Law

Court rulings on discriminatory employment procedures have varied in their interpretation of the law. The landmark Americans with Disabilities Act of 1990 promises to eliminate discrimination against the increasing number of physically and mentally disabled. This article examines past legislation, case law, and changes under the ADA that have affected or will affect the mentally ill in the employment setting. The ADA addresses the issue of confidentiality, distinguishing drug testing from medical examination restrictions. Controversy regarding its implementation is discussed, emphasizing the legal ramifications for psychiatrists who may be asked to assess the fitness of applicants and employees and to make recommendations regarding their “reasonable accommodation.”

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