Americans with Disabilities Act

1
Americans with Disabilities Act

• David Oesch
• Management 610
• Dr. Michael Bedell
• January 29, 2003

2
OUTLINE

• Overview of ADA
• Case Study Toyota v. Williams
• Definition of Disability
• ADA Implications
• Recommendation

3
Americans with Disabilities Act

• What is the ADA?
• Equal Opportunity in
• Public Accommodations
• Employment
• Transportation
• State and local services
• Telecommunications
• Employment Provisions
• 15 or more Employees

4
Toyota v. Williams

• Ella Williams carpal-tunnel syndrome did not
  substantially limit any major life activity.
• Use of ADA v. OSHA
• Illegal Claims
• Use of ADA as a crowbar for workplace claims.

5
Benefits vs. Civil Rights Law

• Benefits
• Prove your disabled?
• Discrimination?
• Law is vague

• Civil Rights
• Truly Disabled
• Narrow definition
• Protects both sides

6
Disabled?

• Three Tests
• 1. A physical or mental impairment that
  substantially limits one or more of the major
  life activities of such individual
• 2. A record of such impairment or
• 3. Being regarded as having such an impairment

7
ADA Implications

• Perform Essential Job Functions?
• Can consider Health Safety
• Reasonable Accommodations
• Accessible Facilities
• Modify Work Schedule
• Undue Hardship

8
Recommendations

• Separate Essential Job Functions
• Selection!!
• Avoid Challenging the Law.