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ADA: Disability Dilemmas. Ashley E. Interrante Ainterrante@jw.com. Basic Principles of the Americans With Disabilities Act. To establish a claim for discrimination under the ADA, a plaintiff must prove that: He had a disability He was qualified for the job

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ada disability dilemmas

ADA: Disability Dilemmas

Ashley E. Interrante

Ainterrante@jw.com

basic principles of the americans with disabilities act
Basic Principles of the Americans With Disabilities Act
  • To establish a claim for discrimination under the ADA, a plaintiff must prove that:
    • He had a disability
    • He was qualified for the job
    • An adverse employment decision was made because of his disability
basic principles of the americans with disabilities act1
Basic Principles of the Americans With Disabilities Act
  • Certain conditions and impairments are not considered disabilities and are excluded from coverage
    • Temporary conditions
    • Physical characteristics
    • Personality characteristics
    • Stress
    • Sexual conditions
    • Illegal use of drugs
slide4

When Determining Whether an Individual has a Disability under the ADA, Mitigating and Corrective Measures are to be Considered

dos and don ts when dealing with mental disabilities
Dos and Don’ts when Dealing with Mental Disabilities
  • Do expand and enforce job descriptions
  • Don’t unintentionally learn of an employee’s mental condition
  • Do remember the confidentiality requirements of the ADA
  • Do conduct exit interviews
united states supreme court update
United States Supreme Court Update
  • Seniority rules can trump ADA accommodations
  • Supreme Court upholds ADA direct threat to self-defense