Description
The Americans With Disabilities Act (ADA) represents the first comprehensive national mandate that prohibits discrimination against qualified disabled individuals. It also requires covered employers to make reasonable accommodations to the known physical and mental disabilities of job applicants and employees. This manual, by Sheppard Mullin Attorney Richard J. Simmons, provides concise, practical information regarding the obligations created by the law and the manner in which to comply.
Among the numerous topics addressed are the following:
- Protection Of Physical And Mental Disabilities
- Limitations To Qualified Disabled Individuals
- Exclusions Of Certain Disabilities
- Preemployment Medical Examinations
- Undue Hardship Defense
- Enforcement Provisions
- Remedies
- Pre-Offer And Post-Offer Inquiries
- Definition Of Disabled Individual
- Employer Coverage Rules
- Drug Addiction And Alcoholism
- Duty To Reasonably Accommodate
- List Of Impermissible Questions
- Job Descriptions
- Drug Testing
- Benefit Issues
Table Of Contents
SECTION 1 INTRODUCTION
(a) The Enactment Of The ADA
(b) Equal Opportunities vs. Job Preferences
(c) Scope of Guide
SECTION 2 COVERED EMPLOYERS AND EXEMPTIONS
(a) Complete Exemptions
(b) Religious Entities
SECTION 3 PROTECTED INDIVIDUALS
(a) Scope Of Protections
(b) Exclusions From ADA Protections
(c) Limitations Must be Substantial
SECTION 4 PROHIBITED FORMS OF DISCRIMINATION
(a) Qualified Individuals
(b) Reasonable Accommodations
(c) The Undue Hardship Limitation
(d) Illustrative Forms Of Unlawful Discrimination
(e) Job-Related Qualifications, Tests, and Selection Criteria
SECTION 5 ILLEGAL USE OF DRUGS AND ALCOHOL ABUSE
(a) Current Use Of Illegal Drugs
(b) Recovered Drug Users And Testing
(c) Prohibitions Against Drug And Alcohol Abuse
(d) Performance Standards
SECTION 6 PRE-EMPLOYMENT INQUIRIES AND MEDICAL EXAMINATIONS
(a) Pre-employment Inquiries
(b) Pre-employment Medical Examinations
(c) Post-Offer Inquiries
(d) Examinations And Inquiries Of Existing Employees
(e) Drug Testing
SECTION 7 WORKERS’ COMPENSATION ISSUES
(a) Nature And Timing Of Questions
(b) False Responses To Legitimate Inquiries
(c) The ADA’s Scope Is Not Coextensive With That Of Workers’ Compensation Laws
(d) Reinstatement From Leaves
(e) Light Duty Positions
SECTION 8 FOOD HANDLING POSITIONS
(a) Concerns About Infectious Diseases
(b) List Of Diseases Transmitted By Food Supply
(c) Effect Of Infectious Diseases
SECTION 9 SMOKING
SECTION 10 RETALIATION AND COERCION
SECTION 11 RELATIONSHIPS AND ASSOCIATIONS
SECTION 12 INSURANCE AND BENEFITS
(a) The Application Of Normal Insurance Principles
(b) The Relationship Of State Insurance Laws
SECTION 13 STATE ENTITIES
SECTION 14 DISPUTE RESOLUTION
SECTION 15 DEFENSES
(a) Job-Relatedness And Business Necessity
(b) Health Or Safety Defense
(c) Undue Hardship
(d) Legitimate Action
(e) Conflict With Other Federal Laws
(f) Other Defenses
SECTION 16 REMEDIES AND ENFORCEMENT
SECTION 17 EFFECT ON OTHER LAWS
SECTION 18 POSTING AND RECORD-KEEPING REQUIREMENTS
(a) Posting Rules
(b) Record-Keeping Rules
APPENDIX A EEOC REGULATIONS (29 C.F.R. Part 1630)
About The Author
Richard J. Simmons is a Partner in the law firm of Sheppard, Mullin, Richter & Hampton LLP in Los Angeles. He represents employers in various employment law matters involving litigation throughout the country and general advice regarding state and federal wage and hour laws, employment discrimination, wrongful discharge, employee discipline and termination, employee benefits, affirmative action, union representation proceedings, and arbitrations. Mr. Simmons received his B.A., summa cum laude, from the University of Massachusetts, where he was a Commonwealth Scholar and graduated in the Phi Kappa Phi Honor Society. He received his J.D. from Berkeley Law at the University of California at Berkeley where he was the Editor-in-Chief of the Industrial Relations Law Journal, now the Berkeley Journal of Employment and Labor Law.
Mr. Simmons argued the only case before the California Supreme Court that produced a victory for employers and business in 2018. He was recently recognized as the Labor and Employment Attorney of the Year by the Los Angeles Business Journal and was inducted into the Employment Lawyers Hall of Fame. He has lectured nationally on wage and hour, employment discrimination, wrongful termination, and other employment and labor relations matters. He is a member of the National Advisory Board to the Berkeley Journal of Employment and Labor Law, published by Berkeley Law at the University of California at Berkeley. He was also appointed by the California Industrial Welfare Commission as a member of three Minimum Wage Boards for the State of California.
