American with Disabilities Act (moving threads into separate topics)

View previous topic View next topic Go down

American with Disabilities Act (moving threads into separate topics)

Post by Admin on Wed Jun 21, 2017 10:51 am

The last few weeks have been kind of long, and my brain is fried. But here goes, James, since you seem really fixated, lol:

I did take disability law in law school, and did some practice in it with the EEOC when I worked for CAIR, but honestly it's been a while, and even more importantly, academic theory rarely translates well to the reality of how it plays out. Disability law generally covers a wide range of federal, state and often even county/city regulations and laws, and encompasses FHA, IDEA, Rehab Act, CRIPA and others.

Part of the confusion with the ADA is that 1) it took more than a few versions for them to arrive at the current one we have because of some bizarre supreme court holdings, 2) It is divided into multiple titles (I-III probably being most relevant here), 3) some of the landmark case law stems from different SCOTUS make ups, which from what we studied back in the day, made for a tough time reconciling some of the holdings.

Dee you've been referring to Title III, reasonable accommodation for access in public settings, and James is jumping back and forth between Title I and Title II I think. But again, I am out of my depth here.

I do remember because it was drilled so much that a disability for purposes of the ADA is a physical or mental impairment that substantially limits one or more major life activities or a record of such impairment or being perceived as having such impairment.

For purposes of drug/alcohol issues, generally it is having a record of such impairment or the stigma with it being perceived as an impairment, especially in the case of recovery. The protection for those dealing with substance abuse hinges more on the discrimination based on status more than anything else. I would certainly argue against the idea that I have a disability frankly but if something that happened six years ago is construed by others as being one, then ADA could kick in.

Reasonable accommodation kicks in along with the second prong, which is can the employee perform the essential functions of the job. So until scientific advancements improve, Courts are likely not going to rule that there is a reasonable accommodation for a blind surgeon or that he/she can perform the essential functions of the job. A lot of alcoholics who are active in addiction would have the same issue since being drunk at most jobs would mean you cannot perform essential functions. Whereas, discriminating on basis of status including preventing time off for treatment, could become a valid action, especially if employer perceives it as an impairment/disability.

I think the issue with medical school could get more complicated or any sort of academic institution which would arise under Title II because I suppose the argument would be that it is not for the med school to determine whether or not the student can perform the essential functions of the future job, but instead hinge on reasonable accommodations in context of the academics. Again with med school, even that seems a stretch because of clinicals and so forth.

I know the Bar examiners have also had a lot of flack/litigation over not giving reasonable accommodations for people with physical disabilities on the bar exam--which is a whole different can of worms because again the problem becomes what a reasonable accommodation is in light of the rigorous expectations of the exam.

I knew a kid in law school who had accommodations for testing for law school exams and was given double time and a separate room, but for the bar exam, the reasonable accommodation was considerably less than double time, so he never passed the bar, which of course sort of makes the argument for the law school having to legally give the double time on the exams start to seem silly.

But we're also talking about pretty absurd scenarios here versus the more day to day realities--for example, the kid in high school who gets extra recess time because he as ADHD would be a more realistic example of reasonable accommodation versus medical school and law school hypos, lol.

laurav

Posts : 35
Join date : 2017-05-28
Age : 30
Location: Orlando

View user profile Send private message Send e-mail

Admin
Admin

Posts : 275
Join date : 2017-05-28
Location : Texas

View user profile http://forumforus.forumotion.com

Back to top Go down

View previous topic View next topic Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum