Guide · Labor and Employment
Disability Discrimination and Accommodation: A Comprehensive Guide to the ADA and Rehabilitation Act
42 U.S.C. §§ 12101
- Type
- Guide
- Jurisdiction
- National
- Date
- 2023-11-11
- Topic
- Labor and Employment
A comprehensive treatment of disability discrimination law for employers, employees, and counsel. It builds the statute from coverage through remedies: the ADA Amendments Act's rules of construction and why "disability" is now rarely contested, the qualified-individual and essential-functions analysis, and each theory of liability including disparate treatment, failure to accommodate, disparate impact, hostile environment, retaliation, the underused interference provision, and associational discrimination. It develops reasonable accommodation category by category — leave beyond FMLA, telework after the pandemic, schedule modification, reassignment and the mandatory-versus-competitive circuit split, accommodation of mental health conditions, and service animals — and then treats undue hardship and the direct threat defense as the two employer defenses that actually work when properly documented. Separate parts cover the medical inquiry, examination, confidentiality, and wellness-program rules that create liability before accommodation is ever discussed; the administrative and litigation process including charge deadlines, damages caps, and the good-faith defense to punitive damages; the Rehabilitation Act and federal contractor obligations under Section 503; and the Title II and Title III overlay including website accessibility. Educational, not legal advice.
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