3.8 6. Discrimination Prohibition (General)

LibraryDisability Law and Practice, Vol. 3 (NY) 2017

6.. Discrimination Prohibition (General)

No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, hiring, advancement, or discharge of employees, employee compensation, job training and other terms, conditions and privileges of employment.13

Other terms, conditions, and privileges of employment include, but are not limited to:

1.. Job assignment, job classifications, organizational structures, position descriptions, lines of progression and seniority lists;

2.. Leaves of absence, sick leave, or any other leave;

3.. Fringe benefits available by virtue of employment;

4.. Selection and financial support for training, including apprenticeship, professional meetings, conferences and other related activities;

5.. Activities sponsored by a covered entity, including social and recreational activities.14

A qualified individual under the Act is an individual who, with or without reasonable accommodation, can perform the essential functions of the job such individual holds or desires, but does not include individuals currently engaging in the illegal use of drugs.15

Although an individual who has applied for and received Social Security Disability Insurance (SSDI) benefits on the basis that he or she is a person with a disability so severe that he or she is “unable to engage in any kind of substantial gainful work,” he or she may nonetheless pursue a claim of discrimination alleging that he or she can perform the essential functions of a particular position with reasonable accommodation.16

Employers are also barred from utilizing standards, criteria, or methods of administration that have the effect of discriminating or perpetuate discrimination.17 However, it may be a defense to a charge of discrimination if the employer can demonstrate that the alleged application of discriminatory qualification standards, tests, or selection criteria are consistent with business necessity and cannot be accomplished with reasonable accommodation.18

It is also discriminatory for a covered entity to deny, exclude, or otherwise discriminate against a qualified individual because of the known disability of an individual with whom the qualified individual may have an association or relationship.19 However, the ADA does not require an employer to accommodate the disabilities of relatives or associates of an employee.


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Notes:

13. 42 U.S.C. § 12112(a); 29 C.F.R. § 1630.4.
14. 29 C.F.R. § 1630.4.
15. 42...

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