Disability Law Index

Sections:

• Americans with Disabilities Act (ADA) Findings and Purposes

  Historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;

• ADA Definition of Disability

  The term disability means, with respect to an individual,

  (a) a physical or mental impairment that substantially limits one or more of the major life activities of such individual;

  (b) a record of such an impairment; or

  (c) being regarded as having such an impairment.

• ADA Exclusions

  For purposes of this chapter, the term ''individual with a disability'' does not include an individual who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.

• ADA Smoking Policies

  Nothing in this chapter shall be construed to preclude the prohibition of, or the imposition of restrictions on, smoking in places.

• Employment: Discrimination (General Rule)

  No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

• Employment: Standards, Criteria, and Methods of Administration

  It is unlawful for a covered entity to use standards, criteria, or methods of administration, which are not job-related and consistent with business
  necessity, and:

  (a) That have the effect of discriminating on the basis of disability; or
  (b) That perpetuate the discrimination of others who are subject to common administrative control.

• Employment: Qualification Standards

  It is unlawful for a covered entity to use qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities, on the basis of disability...

• Employment: Discrimination based on Association

  It is unlawful for a covered entity to exclude or deny equal jobs or benefits to, or otherwise discriminate against, a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a family, business, social or other relationship or association.

• Employment: Test Administration

  It is unlawful for a covered entity to fail to select and administer tests concerning employment in the most effective manner to ensure that... the test results accurately reflect the skills, aptitude, or whatever other factor of the applicant or employee that the test purports to measure...

• Employment: Hostile Work Environment

  Case Law:Two Federal Court of Appeals decisions confirmed that a "hostile work environment" cause of action does exist under the American with...

• Employment: Covered Entities

  The term covered entity means an employer, employment agency, labor organization, or joint labor-management committee. The term ''employer'' means a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person

• Employment: Religious Entities

  This subchapter shall not prohibit a religious corporation, association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.

• Employment: Essential Functions

  Regulation:29 C.F.R. 1630.2(n) - Essential functions(1) In general - The term essential functions means the fundamental job duties of the...

• Employment: Reasonable Accommodation

  It is unlawful for a covered entity not to make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of its business.

• Employment: Direct Threat

  The term direct threat means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.

• Employment: Undue Hardship

  The term undue hardship means an action requiring significant difficulty or expense.

• Employment: Posting Notices

  Every employer, employment agency, labor organization, and joint labor-management committee controlling an apprenticeship or other training program that has an obligation under the ADA shall post and keep posted in conspicuous places upon its premises notices in an accessible format describing the applicable provisions of the ADA. 

• Employment: Medical Examinations and Inquiries

  A covered entity may make pre-employment inquiries into the ability of an applicant to perform job-related functions, and/or may ask an applicant to describe or to demonstrate how, with or without reasonable accommodation, the applicant will be able to perform job-related functions.

• Employment: Alcohol and Drug Policies

  A covered entity may prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees.

• Employment: Drug Testing

  A test to determine the illegal use of drugs is not considered a medical examination.

• Employment: Insurance

  An insurer, hospital, or medical service company, health maintenance organization, or any agent or entity that administers benefit plans, or similar organizations may underwrite risks, classify risks, or administer such risks that are based on or not inconsistent with State law.

• Employment: Enforcement and Remedies

  Powers, remedies, and procedures

• Employment: Arbitration

  The Supreme Court held that the EEOC had authority to pursue victim-specific relief regardless of the forum that the employer and employee had agreed to resolve their disputes. 

• Public Entities: General Anti-Discrimination Provisions

  No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity , or be subjected to discrimination by any such entity.

• Public Entities: Eligibility Criteria

  A public entity shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any service, program, or activity, unless such criteria can be shown to be necessary for the provision of the service, program, or activity being offered.

• Public Entities: Integration

  A public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.

• Public Entities: Contracts, Licenses, and Certification

  A public entity, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of disability deny a qualified individual with a disability the opportunity to participate in or benefit from the aid, benefit, or service;

• Public Entities: Employment

  No qualified individual with a disability shall, on the basis of disability, be subjected to discrimination in employment under any service, program, or activity conducted by a public entity.

• Public Entities: Direct Threat

  This part does not require a public entity to permit an individual to participate in or benefit from the services, programs, or activities of that public entity when that individual poses a direct threat to the health or safety of others.

• Public Entities: Notice Requirements

  A public entity shall make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of this part and its applicability to the services, programs, or activities of the public entity, and make such information available to them...

• Public Entities: Reasonable Modifications / Fundamental Alteration

  A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.

• Public Entities: Effective Communication

  Regulations:28 C.F.R. § 35.160 - General(a)(1) A public entity shall take appropriate steps to ensure that communications with applicants,...

• Public Entities: Mobility Devices

  Regulation:28 C.F.R. § 35.137 Mobility devices.(a) Use of wheelchairs and manually-powered mobility aids. A public entity shall permit individuals...

• Public Entities: Personal Devices and Services

  This part does not require a public entity to provide to individuals with disabilities personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use or study; or services of a personal nature including assistance in eating, toileting, or dressing.

• Public Entities: Service Animals

  Generally, a public entity shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability.

• Public Entities: Surcharge

  A public entity may not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measures, such as the provision of auxiliary aids or program accessibility, that are required to provide that individual or group with the nondiscriminatory treatment required by the Act or this part.

• Public Entities: Ticketing

  A public entity that sells tickets for a single event or series of events shall modify its policies, practices, or procedures to ensure that individuals with disabilities have an equal opportunity to purchase tickets for accessible seating

• Public Entities: Existing Facilities

  A public entity shall operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities.

• Public Entities: New Construction and Alterations

  Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities...

• Public Entities: Maintenance

  A public accommodation shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities.

• Public Entities: Correctional Facilities

  Public entities shall ensure that qualified inmates or detainees with disabilities shall not, because a facility is inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of, the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.

• Public Entities: Historic Preservation Programs

  Historic preservation programs means programs conducted by a public entity that have preservation of historic properties as a primary purpose.

• Public Entities: Enforcement and Remedies

  The remedies, procedures, and rights set forth in section 794a of title 29 shall be the remedies, procedures, and rights this subchapter provides to any person alleging discrimination on the basis of disability in violation of section 12132 of this title.

• Public Entities: Managed Care (Medicare & Medicaid)

  Neither the Rehabilitation Act nor ADA requires states to provide identical benefits for people with disabilities. States retain substantial discretion in choosing the proper mix of amount, scope and duration limitations on coverage.

• Public Entities: Web and Mobile Accessibility

  A public entity shall ensure that the following are readily accessible to and usable by individuals with disabilities:

  (1) Web content that a public entity provides or makes available, directly or through contractual, licensing, or other arrangements; and

  (2) Mobile apps that a public entity provides or makes available, directly or through contractual, licensing, or other arrangements.

• Public Entities: Accessible Medical Diagnostic Equipment

  No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the health care services, programs, or activities of a public entity offered through or with the use of medical diagnostic equipment...