THE ADA AND THE ADAAA (AMERICAN’S WITH DISABILITIES ACT AMENDMENTS ACT) Disability Discrimination

ADAAA changes the textbook information Overturns narrow view of “disability” in Toyota v Williams to a broad view of “disability” Impairments that are episodic or in remission qualify as disabilities if in the active state would substantially limit a major life activity Expands definition of major life activity Mitigating measures generally no longer deter from definition of disability

Americans with Disabilities Act Signed into Law in 1990  Title I  Title II  Title III  Title IV  Title V

ADA-Employment Prohibits employers w/15 or more from discriminating against qualified individuals (with a disability) in all aspects of employment The Wisconsin Fair Employment Act (WFEA) expanded protected classes include disabilities and applies to ALL employers

Law requires: Cannot discriminate against a qualified individual on the basis of a disability in any facet of employment Must provide reasonable accommodation to assist the disabled in performing the essential functions of the job, unless causes an undue hardship Cannot tolerate workplace harassment due to a mental or physical disability Non retaliation Protect medical information of all employees

A person has a disability if he or she: Has a physical or mental impairment that substantially limits one (or more) major life activity (actual disability) Has a record of having such an impairment (record of disability) Is regarded by the employer as having such an impairment (regarded as disability)

“Reasonable Accommodation” to do “Essential Functions of Job” Equal treatment in hiring process Only exempt when firm can prove providing would create “undue hardship”

Enforcement of the ADA EEOC for Title I  **EMPLOYMENT**

Title I Employment: Federal ADA and Wisconsin WFEA Definition differences impact WI businesses