Law 6625 - ADA Disability Law

Professor Befort
Spring 2006

DISABILITY IN THE WORKPLACE - COURSE SYLLABUS

I. Course Introduction

A. Course mechanics
B. Introduction to issues of disability discrimination
C. Impairment list exercise

II. Americans with Disabilities Act: Definition of Disability

A. Prong One: Current disability
1. Medical impairments
2. Major Life Activities
3. Substantial Limitation
a. In general
b. Mitigating measures
c. As to major life activity of working
B. Prong Two: Regarded as disabled
C. Prong Three: Record of disability
D. Judicial estoppel

III. Employment Discrimination (ADA Title I)

A. Qualified Individual with a Disability
1. The meaning of “qualified”
2. Essential job functions
3. Attendance as an essential job function
B. The Reasonable Accommodation requirement
1. The meaning of “reasonable accommodation”
2. The meaning “undue hardship”
3. Burdens of proof
4. EEOC Enforcement Guidance
5. Reassignment as an accommodation
a. In general
b. Conflict with seniority and other neutral criteria
C. Direct Threat defense
D. Special contexts
1. Medical screening
a. Applicants (inquiries and examinations)
b. Current employees (business necessity)
2. Drugs and alcohol
3. Mental disabilities
4. Associational discrimination
E. Remedies

IV. Other Disability-Related Employment Statutes

A. Family and Medical Leave Act
1. In general
2. Interplay with ADA
B. Workers Compensation Acts

V. Other ADA Titles

A. Title II – Public Entities
B. Title III – Public Accommodations

VI. Insurance

A. ADA regulation of insurance
B. Discrimination in insurance benefits

VII. Education

A. Primary and Secondary Educational Institutions
1. In general
2. Individuals with Disabilities Education Act
B. Issues in Higher Education

VIII. Project Panel Presentations