Offering complete coverage of the purpose, provisions, and scope of the ADA and prevailing case law, the Practising Law Institute's Disability Law Deskbook shows attorneys how to:
 Establish nondiscriminatory reasons for an employer’s adverse actions;
Justify standards, criteria, tests, inquiries, and other administration methods attacked by plaintiffs; and
Use trial-tested defenses to combat claims.
The Deskbook helps human resource professionals to minimize employers’ legal exposure, by showing how they can:
Develop corporate ADA-compliant policies and procedures;
Document good-faith compliance efforts to mitigate the impact of violations; and
Train managers to be sensitive to employees’ medical conditions so that they avoid making potentially damaging statements.
New case law coverage examines why circuit courts have been split on the question of whether employers have a duty to provide reasonable accommodations to individuals who are “regarded as” disabled. It also explains why the Supreme Court’s 2003 Desert Palace decision, which lowered the burden of proof in employment discrimination cases, may not be a victory for plaintiffs.
Summary of Contents:
History, Purpose and Scope of the ADA;
Disability;
Qualified Individual with a Disability;
Reasonable Accommodation;
Undue Hardship;
Discrimination;
Burdens of Proof Under the ADA;
“Direct Threat” and Other Defenses to Discrimination;
Medical Examinations and Inquiries;
Alcoholism and Drug Abuse;
Procedural Issues, Arbitration, and Remedies;
State and Local Disability Discrimination Laws;
Relationship of the ADA to Workers’ Compensation, the National Labor Relations Act, and the Family and Medical Leave Act.
*Important! Supplement Update Policy: Like most attorney-practitioner titles, this item may be supplemented from time to time with updates by the publisher in order to reflect any changes in the legal topic area covered. These updates are important in ensuring that your item always reflects the most up-to-date legal information. Your purchase price includes the cost of all previous updates and any updates that may be issued within 60 days of your purchase. After that period, subsequent supplements will be sent to you directly from the publisher for your review and purchase.
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