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TOOL: Myths About the ADA

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1. ADA 'Association' Claim
Even if there is a legitimate business reason for terminating an employee, disparate treatment of similarly situated employees by a company suggests a reasonable inference of pretext. Employers are advised that when considering taking action against workplace misconduct, they should take action that is consistent and is in line with company policy.

2. ADA Amendment Act of 2008
The ADA Amendments Act effectively resets our understanding of how employers and employees can best work together to address employees’ disability-related requests for accommodation.

3. Hearing-Impaired Employment and the ADA
The employee alleging that hiring requirements violate the ADA must show that he or she is qualified to perform the essential functions of the job at issue. The bona fide occupational qualification defense does not apply to ADA claims.

Related Topics

Discrimination and EEOC Compliance

Policies and Procedures

Miscellaneous Legal Issues

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TOOL: Myths About the ADA

The U.S. Department of Labor’s Office of Disability Employment Policy details some of the myths that some employers may believe about the 18-year-old federal law that helps protect the rights of people with disabilities.
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he U.S. Department of Labor’s Office of Disability Employment Policy details some of the myths that some employers may believe about the 18-year-old federal law that helps protect the rights of people with disabilities. Contrary to what some might believe, the ADA does not force employers to hire unqualified workers with disabilities. And the law doesn’t mean that those with disabilities can’t be fired. They can be, under certain conditions. (For more details about the scope of the law, other government agencies that have ADA responsibilities, and more, visit www.ada.gov.)

Workforce Management Online, November 2008 -- Register Now!

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