ADA: Disability Dilemmas

1. ADA: Disability Dilemmas Ashley E. Interrante Ainterrante@jw.com

2. 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

3. 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

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

5. 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

6. What Does it Mean to Regard Someone as Disabled?

7. Harassment Based on Disability

8. United States Supreme Court Update • Seniority rules can trump ADA accommodations • Supreme Court upholds ADA direct threat to self-defense

9. The ADA After September 11