Disability Discrimination
According to Census data, approximately ____ million Americans have one or more physical or mental disabilities.
What is 53? page 631
The Americans with Disabilities Act was signed into law in this year.
What is 1990? page 631
Almost _____% of working age people with disabilities were living in poverty in 2010.
What is 29%? page 631
Section 503 is a section of what act/law?
What is the Vocational Rehabilitation Act of 1973? page 633
Prohibits discrimination against otherwise qualified individuals with disabilities by any program or activity receiving federal assistance.
This is what the employee must establish to claim discrimination on the basis of disability.
What is a prima facie case? page 639
Today the ADA applies to employers with ____ or more employees.
What is 15? Page 635
In July 2010, this president issued Executive Order 13548 requiring Federal agencies to develop specific plans for hiring people with disabilities, and committing the government to hire 100,000 people with disabilities over five years.
What is President Obama? page 636
Prior to 2009, this court narrowly interpreted the protections afforded by the ADA.
What is the U.S. Supreme Court? page 636
In 2008, Congress passed this in response to to right some of the perceived wrongs in the way the law was written and the way it was being interpreted.
What is the ADAAA (ADA Amendments Act)? page 637
A work environment in which a harassment of an employee exists to such an extent that a reasonable employee would dread or fear going to work.
What is hostile work environment? page 638
a physical or mental impairment that substantially limits one or more major life activities, or a record of a physical or mental impairment that substantially limited a major life activity, or when an employer takes an action prohibited by the ADA because of an actual or perceived impairment that is not both transitory and minor.
What is a disability per ADA? page 641
Those activities that are of "central importance to most people's daily lives"
What is major life activity? page 644
The U.S. Supreme Court case that articulated a demanding standard for the terms substantially limited and major life activity in defining disability under the ADA?
What is Toyota Motor Company, Kentucky, Inc. v. Williams? Page 646
This agency has emphasized that the term substantially limited now requires a lower degree. of functional limitation than the standard previously applied by the courts.
What is the EEOC? page 646
Those tasks that are fundamental, not marginal or unnecessary, to the fulfillment of the position's objectives.
What is essential functions of the job? page 650
Employers are not required to accommodate disabled employees if the accommodation would prove to be an _____ ______ on the employer.
What is an undue hardship? page 656
What is a LNDR? (legitimate non-discriminatory reason)? Page 663
This is an area of concern for employers and employees alike because of the increased possibility for fraudulent claims (due to the challenge of verification).
What is mental impairments? Page 665
The ADA prohibits _____ _____ when it creates a hostile work environment against disabled workers.
What is workplace harassment? page 667
Investigation and evaluation of an individual's biological predispositions based on the presence of a specific disease - associated gene on the individual's chromosomes.
What is genetic testing? page 674
In ADA cases the The courts analyze the case use this burden-shifting analysis as used in other types of discrimination.
What is McDonnell Douglas Corp., v. Green analysis? page 659
In 2008, Congress passed this act that prohibits employers with 15 or more employees from both requesting genetic testing and considering someone's genetic background in taking any employment action, such as hiring, firing, or promoting.
One area where the FMLA and ADA do not coincide on leave.
What is pregnancy? page 676