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Americans With Disabilities ActGENERAL
Under the equal employment provisions of the ADA (Title I), it is unlawful for an employer to discriminate against a qualified individual with a disability. Like most discrimination statutes, the prohibition applies to conduct involving applicants and employees in the terms, privileges and conditions of employment. It is also unlawful to discriminate against an non-disabled individual because of that person's association with a disabled individual. See 29 C.F.R. § 1630.8.
A qualified individual with a disability means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. An individual is disabled under the ADA if he or she has:
An employer must reasonably accommodate a disabled employee's functional limitations unless doing so would impose an undue hardship on the employer. Whether and when an employer must accommodate an employee is fact specific. When the obligation to accommodate arises, the employer must engage the employee in an interactive process to determine whether and what accommodation is reasonable. The ADA also regulates the manner and method by which an employer may question employees, including by administering employee physicals and other medical examinations. See 29 C.F.R. § 1630.13 & 1630.14. FILING REQUIREMENTS & LIMITATION PERIOD
The filing requirements and limitations period are borrowed from Title VII of the Civil Rights Act of 1964. Thus, an individual must pre-file a charge with the EEOC within 180 days after the alleged unlawful practice occurred unless he or she has first filed a charge with an appropriate state agency, in which case the complainant has the earlier of 300 days from the date of the alleged violation or 30 days "after receiving notice that the State or local agency has terminated the proceedings under the State or local law."
Notwithstanding the above, the EEOC regulations allow 300 days for filing a complaint in a State where the State or local FEP agency has subject matter jurisdiction over the claims, regardless of whether the claimant has first filed a claim with the State agency. Unless excused by the court, a court action must be filed within 90 days after reciept of a right-to-sue letter. JURISDICTION
An employer (a person engaged in an industry affecting commerce) must have fifteen or more employees for each working day in each of twenty or more calendar weeks (in the current or preceding calandar year) to be covered by the ADA.
REMEDIES/DAMAGES
The remedies and damages under the ADA are those that are provided for under Title VII:
MORE INFORMATION
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Employment Law Seminars
PREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT'S ALL ABOUT RESPECT (AB1825 COMPLIANCE)
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March 12, 2008 Shaw Valenza LLPUNDERSTANDING YOUR ETHICAL RESPONSIBILITIES AT WORK (AB 1234 COMPLIANCE)Sacramento
May 13, 2008 Shaw Valenza LLPPreventing Wage/Hour Class Actions.Online
May 13, 2008 LittlerHOW TO CONDUCT EFFECTIVE INTERNAL INVESTIGATIONSSacramento
May 13, 2008 Shaw Valenza LLPHow to Stay Union FreeLas Vegas
2008-5-13 Jackson Lewis LLPConducting Effective Investigations of Employment Claims: Essential Skills for Internal InvestigatorsHouston
May 13, 2008 Littler2008 Public Sexual Harassment Training for supervisors and managers.Universal City
May 13, 2008 Ballard RosenbergSHRM Morris County Monthly Legal UpdateFlorham Park
2008-5-14 SHRM Morris County ChapterThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-5-14 Jackson Lewis LLPDigital Dangers: Recent E-Discovery Developments and TrendsLas Vegas
May 14, 2008 Littler | |||||||||||
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