Chapter 5 - CHAPTER 5 FEDERAL LAWS ADDRESSING DISCRIMINATION IN EMPLOYMENT BASED ON DISABILITY

• Jurisdiction: Colorado

Chapter 5 FEDERAL LAWS ADDRESSING DISCRIMINATION IN EMPLOYMENT BASED ON DISABILITY

Ariel Beryl DeFazio, Esq.
Danielle L. Kitson, Esq.

SYNOPSIS

§ 5.1 BACKGROUND

§ 5.1.1—The ADA Amendments Act Of 2008 (ADAAA)

§ 5.2 WHAT EMPLOYERS ARE COVERED BY THE ADA AND THE REHABILITATION ACT?

§ 5.3 WHAT ARE THE ELEMENTS OF A PRIMA FACIE CASE?

§ 5.3.1—Disability Discrimination Claims
§ 5.3.2—Failure To Accommodate Claims
§ 5.3.3—Retaliation Claims

§ 5.4 WHAT IS A "DISABILITY" UNDER THE ADA AND THE REHABILITATION ACT?

§ 5.4.1—Physical Or Mental Impairment That Substantially Limits A Major Life Activity
§ 5.4.2—A Record Of A Physical Or Mental Impairment That Substantially Limits A Major Life Activity
§ 5.4.3—Being Regarded As Having A Physical Or Mental Impairment That Substantially Limits A Major Life Activity

§ 5.5 WHO IS A "QUALIFIED" INDIVIDUAL WITH A DISABILITY?

§ 5.5.1—Essential Functions Of A Job
§ 5.5.2—Reasonable Accommodations
§ 5.5.3—Suffered An Adverse Employment Action Based On Disability
§ 5.5.4—Exceptions To The Definitions Of "Disability" And "Qualified Individual With A Disability"

§ 5.6 WHAT TYPES OF DISCRIMINATION ARE PROHIBITED?

§ 5.6.1—Discriminatory Limitation, Segregation, Or Classification
§ 5.6.2—Arrangements Or Relationships That Result In Discrimination
§ 5.6.3—Discriminatory Standards, Criteria, Or Methods Of Administration
§ 5.6.4—Discrimination Based On Relationship With A Disabled Person (Association Discrimination)
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