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Americans With Disabilities Act (Employment Law Series)

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THIS CASEBOOK contains a selection of 239 U. S. Court of Appeals decisions that discuss, analyze and interpret provisions of the Americans with Disabilities Act. The selection of decisions spans from 2004 to the date of publication. Title I of the ADA protects employees with disabilities against discrimination. The statute allows for monetary damages to qualified employee THIS CASEBOOK contains a selection of 239 U. S. Court of Appeals decisions that discuss, analyze and interpret provisions of the Americans with Disabilities Act. The selection of decisions spans from 2004 to the date of publication. Title I of the ADA protects employees with disabilities against discrimination. The statute allows for monetary damages to qualified employees with disabilities if they are discriminated against "on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment." 42 U.S.C. § 12112(a); see also Rederford v. U.S. Airways, Inc., 589 F.3d 30, 37 (1st Cir.2009) (citing 42 U.S.C. § 12117) (stating that "Title I of the ADA explicitly provides for the same remedies available for employment discrimination suits in Title VII of the Civil Rights Act of 1964," which includes monetary damages). Vaello-Carmona v. Siemens Medical Solutions USA, 781 F. 3d 1 (1st Cir. 2015). The Act also bars employers from retaliating against employees for seeking these statutory protections. Id. § 12203(a)-(b). Adams v. Anne Arundel County Public Schools, 789 F. 3d 422 (4th Cir. 2015). To state a discrimination claim under the ADA, a plaintiff must allege sufficient facts to plausibly suggest "(1) that he suffers from a disability, (2) that he is a qualified individual, and (3) that a 'covered entity' discriminated against him on account of his disability." Cramer v. Fla., 117 F.3d 1258, 1264 (11th Cir.1997). The ADA defines "disability" to include: "(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment." 42 U.S.C. § 12102(2); see also 29 C.F.R. § 1630.2(g). For purposes of the ADA, a qualified individual is one "who, with or without reasonable accommodation, can perform the essential functions" of her employment. 42 U.S.C. § 12111(8). Surtain v. Hamlin Terrace Foundation, 789 F. 3d 1239 (11th Cir. 2015).


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THIS CASEBOOK contains a selection of 239 U. S. Court of Appeals decisions that discuss, analyze and interpret provisions of the Americans with Disabilities Act. The selection of decisions spans from 2004 to the date of publication. Title I of the ADA protects employees with disabilities against discrimination. The statute allows for monetary damages to qualified employee THIS CASEBOOK contains a selection of 239 U. S. Court of Appeals decisions that discuss, analyze and interpret provisions of the Americans with Disabilities Act. The selection of decisions spans from 2004 to the date of publication. Title I of the ADA protects employees with disabilities against discrimination. The statute allows for monetary damages to qualified employees with disabilities if they are discriminated against "on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment." 42 U.S.C. § 12112(a); see also Rederford v. U.S. Airways, Inc., 589 F.3d 30, 37 (1st Cir.2009) (citing 42 U.S.C. § 12117) (stating that "Title I of the ADA explicitly provides for the same remedies available for employment discrimination suits in Title VII of the Civil Rights Act of 1964," which includes monetary damages). Vaello-Carmona v. Siemens Medical Solutions USA, 781 F. 3d 1 (1st Cir. 2015). The Act also bars employers from retaliating against employees for seeking these statutory protections. Id. § 12203(a)-(b). Adams v. Anne Arundel County Public Schools, 789 F. 3d 422 (4th Cir. 2015). To state a discrimination claim under the ADA, a plaintiff must allege sufficient facts to plausibly suggest "(1) that he suffers from a disability, (2) that he is a qualified individual, and (3) that a 'covered entity' discriminated against him on account of his disability." Cramer v. Fla., 117 F.3d 1258, 1264 (11th Cir.1997). The ADA defines "disability" to include: "(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment." 42 U.S.C. § 12102(2); see also 29 C.F.R. § 1630.2(g). For purposes of the ADA, a qualified individual is one "who, with or without reasonable accommodation, can perform the essential functions" of her employment. 42 U.S.C. § 12111(8). Surtain v. Hamlin Terrace Foundation, 789 F. 3d 1239 (11th Cir. 2015).

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