13.100 Introduction to ADA and Rehabilitation Act
13.300 Qualified individual / otherwise qualified
13.400 Issues in disparate treatment claims
13.700 [Reserved]
13.800 Drug and alcohol issues
13.100 Introduction to ADA and Rehabilitation Act
13.111 Similarities and differences between the ADA and the
Rehabilitation Act
13.111.10 Federal employees
13.111.20 Rehabilitation Act's receipt of federal funds
requirement
13.111.30 Affirmative action requirements
13.112 Issues unique to the ADA
13.112.10 Title VII as precedent for ADA cases
13.112.20 Does Title II of ADA apply to employment
claims?
13.113 Issues unique to the Rehabilitation Act
13.113.10 Federal employees: Section 501 or Section
13.113.12 ADA standards apply to
Rehabilitation
Act claims of
federal employees
13.113.13 Affirmative action requirement
under
Section 501
13.113.20 Prima facie case under the
Rehabilitation
Act
13.113.21 Section 501
13.113.22 Section 504
13.114 Proving "because of disability" claims
verses
"reasonable
accommodation" claims
13.114.10 Whether a claim is a reasonable
accommodation claim
13.114.20 Are "because of disability" claims and
"reasonable
accommodation" claims
actually two separate claims or
two means
of proving the same statutory claim?
13.114.30 Plaintiff must be clear as to which
claim he
or she is
pursuing
13.115 Employer cannot rely on stereotypes to
make
decision that
employee or applicant cannot perform a
job based on a
disability
13.116 Employer's reliance on medical advice in
making its
employment decision
13.117 EEOC's ADA regulations are not binding, but . . .
13.118 Rehabilitation Act regulations are not binding, but . . .
13.119 Plaintiff must plead or prove the major
life activities
at issue
13.120 Proving disparate treatment
(or "because of disability")
claims
13.121 Statutory authority
13.122 Direct and indirect methods of proof
13.123 McDonnell Douglas analysis
13.123.11 Rehabilitation Act prima facie
case
13.123.20 Second and third prongs of
McDonnell
Douglas
13.123.30 When McDonnell Douglas should be used
13.124 "Because of disability" requirement under ADA
13.125 "Solely" because of disability
requirement under the
Rehabilitation Act
13.126 Adverse employment action requirement
13.126.10 "Denial of training" is an adverse
action
under the ADA
13.127 Different types of adverse employment actions
13.130 Proving reasonable accommodation claims
13.132 Employee's burden to establish a prima facie case
13.133 Generic prima facie case
13.134 Evidence of discriminatory animus unnecessary
13.140 Disparate impact cases
13.160 Interaction with the Family and Medical Leave Act
13.161 "Disability" under the ADA and "serious
health
condition" under
the FMLA are different standards
13.162 Person must be able to perform essential
functions in
order to
qualify for intermittent or reduced schedule
FMLA leave
13.170 Whether disability-related misconduct is protected
13.210 Three alternative definitions of disability
13.212 Regulations addressing whether someone is disabled
13.212.10 Regulations addressing whether
someone
is disabled
from the major life activity of
working
13.212.20 EEOC Interpretative Guidance
suggests
consideration of major life activity of
working as a
last resort
13.213 Regulations addressing
whether someone is regarded
as disabled
13.214 Regulations
addressing whether someone has a
record of a disability
13.220 Person with a disability
13.221 Existence of impairment
13.221.10 Definition of impairment
13.221.20 Plaintiff's duty to identify impairment
13.221.30 Determination is a question of law
13.221.40 Obesity as an impairment
13.222.10 Definition of major life activity
13.222.20 Teachings of Bragdon v. Abbott
13.222.30 Plaintiff's duty to identify major
life activity
affected
by impairment
13.222.40 Determination is a question of law
13.223 Specific major life activities
13.223.01 Bladder condition
13.223.05 Cleansing and eliminating waste from blood
13.223.07 Concentrating and remembering
13.223.10 Eliminating waste from body
13.223.12 Hearing
13.223.14 Interacting with others
13.223.14.10 Getting along with others is
different
from interacting with
others
13.223.15 Kidney condition
13.223.21 Procreation / Reproduction
13.223.24 Seeing
13.223.28 Speaking
13.223.31 Travel (including air travel)
13.223.32 Walking
13.223.32.10 Walking up stairs
13.224 Whether impairment
substantially limits a major life
activity
13.224.10 Regulatory definition
13.224.20 Courts' interpretation of substantially limits
13.224.30 Definition of substantially limits
with
regards to
major life activity of working
13.224.40 Determination is a question of fact
13.224.41 Employee has burden of proving
disability
13.224.50 Determination requires individualized
inquiry
13.224.60 Consideration of corrective measures
13.224.61 Corrective measure may
substantially
limit
a major life
activity
13.224.71 Necessity of medical proof
13.224.72 Necessity of comparative
evidence
13.224.73 Necessity of vocational expert
proof
13.224.80 Miscellaneous issues
concerning whether
impairment
substantially limits
13.224.81 Does Toyota Motor Mfg.
only
apply where
the major life
activity
is manual tasks?
13.224.82 Health
problems triggered by
single workplace are not
sufficient to
substantially limit a
major life activity
13.225 Whether an
impairment substantially limits the
following major
life activities
13.225.01 Bladder condition
13.225.04 Caring for others
13.225.05 Cleansing and eliminating waste from blood
13.225.06 Climbing
13.225.07 Concentrating and remembering
13.225.08 Driving
13.225.10 Eliminating waste from body
13.225.11 Everyday mobility
13.225.12 Hearing
13.225.13 Household chores
13.225.14 Interacting with others
13.225.15 Kidney condition
13.225.20 Physical exertion
13.225.21 Procreation / Reproduction
13.225.22 Reaching
13.225.23 Reading
13.225.25 Sexual activity
13.225.26 Sitting
13.225.30 Travel
13.225.32.10 Definition of "broad range of
jobs"
or
"class of jobs"
13.225.32.20 Whether certain
jobs
constitute a "broad
range of
jobs" or a "class of jobs"
13.225.32.30 Whether the inability to work
overtime
constitutes a
substantial limitation
13.225.32.40 Employee
not disabled based
on inability
to work for
particular supervisor
13.225.32.41 Supervisor
could trigger a
disability
13.230 Person regarded as having such an impairment
13.231 Standard for proving "regarded as" claims
13.231.10 Regarded as disabled re working
13.232.10 Employer's knowledge of
medical condition
is insufficient to
establish "regarded as
disabled"
13.232.20 Can
evidence of pretext be considered as
part of prima facie case to establish
"regard as" disabled?
13.232.30 Whether
offer of accommodation is
evidence that
employer regarded
employee as disabled?
13.232.40
Person who cannot meet DOT
regulations is
not
regarded as disabled
13.232.50
Employer's
request for IME is insufficient to
establish
"regarded as disabled"
13.232.60 Employer's reliance on medical advice
13.232.70
Employee
who was fine when hired is more
likely to be
regarded as disabled if an
illness or injury
develops
13.232.80 Repetitive motion screening test
13.233 No "good faith" defense, but . . .
13.240 Person with a record of such an impairment
13.241 Hospital stay not sufficient
13.250 Cases addressing particular medical
impairments or
conditions
13.251 List of impairments or conditions
13.251.02 Alcohol addiction or alcoholism
13.251.04 Anxiety or stress disorder
13.251.06 Attention Deficit Disorder
13.251.14 Drug addiction
13.251.17.10 Heart attack
13.251.19 Irritable Bowel Syndrome
13.251.23 Panic disorder or attacks
13.251.24 Phobia about driving in unfamiliar places
13.251.25 Post Traumatic Stress Disorder
13.251.29.10 Congenital nystagmus
13.251.29.20 Macular degeneration
13.260 Employer must know of disability
13.270 Requirement that disability be permanent or long-term
13.300 Qualified individual / otherwise qualified
13.321 Proving who is a qualified individual
13.321.10 Plaintiff bears burden of proof
13.321.20 Cases addressing what plaintiff must prove
13.322 Definition of qualified individual
13.322.10 Qualified individual
includes job employee
holds or
desires
13.322.20 Time of employment action
governs
determination
13.322.21 Court
relies, in part, on
subsequent events to
support
finding that
plaintiff was disabled
13.322.30 Employee who rejects offer of
reasonable
accommodation is no longer qualified
individual
13.322.40
Employee who poses threat of
intentional
harm is not a
qualified individual
13.323.10 Former employee not qualified
due to prior
job
performance issues
13.323.20 Truck driver must meet DOT minimum
requirements
13.323.21 Truck driver must exhaust DOT
administrative remedies
13.323.30 Totally disabled employee
cannot be a
qualified individual
13.323.40 "100% healed" policy
13.323.50 Disability retiree is not a qualified individual
13.333.10 What constitutes an essential job function?
13.333.11
Determination is
normally a
question of
fact
for jury
13.333.12 Who has
burden of proof as to
which job
functions are
essential?