ADA Discrimination Case Study

Section 504 stipulates rather broadly that a person with a disability is “one who has a physical or mental impairment that substantially limits one or more major life functions, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment” (US Dept. of Justice Civil Rights Division Disability Rights Section). Because impairments are not specifically named, these laws are open to interpretation and qualify anyone in need of

The problem(s) or issue(s) at the core of the case: Kenneth Jorgenson had been an Automotive Mechanic II with the Equipment Services Department of Maricopa County in Arizona since July 1, 1999. About three years later on May 16, 2003 Ken Jorgenson became injured job as he lifted a battery out of a box for Kenneth Jorgenson things at work became complicated. On June 27, Jorgenson underwent surgery and was in hospitalized eight days; he subsequently returned to work on light-duty status on November 11, 2003. For a while, things seems to be all right however, about one year later Jorgenson was reinjured on March 6, 2004. The county moved to terminate Kenneth Jorgenson 's employment in April 2004, but

In this paper, I will explore the case of 10th Circuit: Employee Fresh out of Drug Rehab Not Protected by ADA Safe Harbor (Harrison & Wager, 2011) and discuss the following questions; The longer an individual refrains from drug use, is it more likely he or she will qualify for ADA protection? In close cases, an employee would be well-advises to consult with and obtain opinions from qualified professionals. Who are some of these professionals? Did the court follow the definition of the ADAA when it stated, “an individual is currently engaging in the illegal use of drugs” if the drug use was sufficiently recent to justify the employer’s reasonable belief that the drug abuse remained an ongoing problem”? Why or why not? And based upon you

The Americans with Disabilities Act (ADA) is one of the most significant laws in American History. Before the ADA was passed, employers were able to deny employment to a disabled worker, simply because he or she was disabled. With no other reason other than the person's physical disability, they were turned away or released from a job. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. The act guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. The ADA not only opened the door for

Section 504 and the ADA use three descriptions to define who is covered under the legislation. Type one is a person that has a physical or mental impairment that limits them through at least one essential life activity. Type two is a person that has a history of mental or physical issues. Type three is covered as a person that is seems to have a mental or physical impairment. A physical impairment is defined as a physiological condition, cosmetic deformity, or an anatomical loss affecting one or more body systems. Epilepsy, cerebral palsy, cancer, and hemophilia are all examples of physical impairments. A mental impairment is defined as anything that is psychological such as a specific learning disability or mental retardation like ADD or drug or alcohol addictions. Therefore, any person that is listed under any of the above-mentioned classifications or their relative classifications should be eligible for ADA and Section 504 coverage.

Compliance with the ADA regulations can help you avoid fines, lawsuits and unhappy customers. However, the ADA is somewhat complicated, so many property managers or owners are uncertain whether there are violations present in their parking lots. If you are wondering whether you need to correct ADA violations in your own parking lot, here are some things to check.

The presence of medical conditions, classified as disabilities by the Americans with Disabilities Act as, “…a physical or mental impairment that

The disability can range from any form of walking, talking, seeing, hearing, and learning. This law also extends to persons diagnosed with HIV or AIDS as well any person who has completed drug and alcohol rehabilitation. This law was enacted to protect people with disabilities and provide them with employment opportunities. All organizations within in United State of America must provide these disabled employees with various accommodations such as elevators, access lamps, and telephones with hearing impaired equipment. If an organization does not comply with this law they maybe subject to civil penalties such as $55,000 for the first violation or $110,000 for each subsequent violation. If cited for major noncompliance the organization could cause warranty compulsory and punitive damages (United State Department of Labor,

Although the ADA does not specifically list any disabilities, the Equal Employment Opportunity Commission’s (EEOC) guidelines state that when an individual has a physical or mental impairment that substantially limits one or more major life activity then the individual is in fact disabled. It goes on to state that impairments can include any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of several body systems, or any mental or psychological disorder (Dessler). Among the protected classes are persons with AIDS and substance abusers who are in treatment. Some 50 million current or potential workers are estimated to be covered by the law's provisions (Columbia Encyclopedia). However, the act does list some

People with disabilities have become an integral part of the workforce. The ADA forbids discrimination against people with disabilities when recruiting, hiring, training, and compensating employees (Sotoa & Kleiner, 2013). The ADA prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental and establishes requirements for telecommunications relay services (activities (Stryker, R. (2013). Employers are not allowed to ask employees if they have a disability. The employers are not allowed to ask employees with disabilities to undergo a medical exam before an offer of employment unless all applicants are required to take the same exam (Kaye, Jans, & Jones,

Since the ADA’s enactment in 1991, courts have lowered the bar for employers who seek to avoid an ADA violation through the direct threat defense. Often times, there are competing medical evaluations between the employer’s chosen health care professional and the employee’s treating physician in analyzing whether the employee is a significant risk of harm to themself or others. Courts are highly deferential to an employers’ judgment in assessing the direct threat standard. The direct threat defense only requires that the employer’s judgment was objectively reasonable. This is an inadequate and insufficient burden for employers and does not achieve the ADA’s

The court states that the neutral no-rehire policy in his case still violated the ADA because of that policy's disparate treatment. The Court of Appeals rejected petitioner's legitimate, nondiscriminatory reason for refusing to rehire respondent because it "serves to bar the re-employment of a drug addict despite his successful rehabilitation." We hold that such an analysis is inapplicable to a disparate-treatment claim. (Supreme Courts of The United States, 2003)

Yes, please explain the complaint process again and the benefits of participating in the ADR Program. If she wants her job back, it will take at least 150 days before an EEOC Administrative Judge hearing or final agency decision. What if the ruling is not in her favor? She would miss the opportunity to personally address his termination/removal that she considered discriminatory. Lastly, please ask why she is withdrawing from the ADR Program and what is stopping her from

Since Congress enacted the Americans with Disabilities Act of 1990 (“ADA”), courts have lowered the bar for employers who seek to avoid an ADA violation through the direct threat defense. Often times, there are competing medical evaluations between the employer’s chosen health care professional and the employee’s treating physician in analyzing whether the employee poses a significant risk of harm to themself or others. Courts are highly deferential to an employers’ judgment in assessing the direct threat standard. Recently, courts have

The ADA has three requirements for a disability, and employee if covered under the ADA if they meet just one of the requirements;