Book

Disability Discrimination and the Workplace, Second Edition, With 2017 Supplement

This treatise provides detailed analysis of federal and state disability discrimination laws and the interactions of the ADA with other key employment statutes.


Description

Disability discrimination law has entered a new dimension of enforcement. Expanded coverage provisions are having a profound effect, not only on how disability cases are litigated and how courts decide them, but also on how employers and employees interact long before the filing of a lawsuit. Employers must focus on the sometimes competing goals of avoiding discrimination, accommodating employees with disabilities, and guarding privacy. These challenges are clearly addressed and analyzed in the Second Edition of Disability Discrimination and the Workplace. The treatise also has an eye to the future, with a focus on issues that likely will define disability discrimination litigation in years to come.

Highlights of the Second Edition include analysis of:

  • The parameters of the Rehabilitation Act, with its development of key definitions, such as those that identify individuals with “handicaps” and the scope of the critical obligation to reasonably accommodate protected individuals
  • The proliferation of state disability discrimination protections, and how they are interpreted
  • The intersection of disability discrimination law and other federal statutes, including The Family and Medical Leave Act (FMLA), The Genetic Information Nondiscrimination Act (GINA), The Employee Retirement Income Security Act (ERISA), and The National Labor Relations Act (NLRA)

Disability Discrimination and the Workplace, Second Edition paints a comprehensive picture of the disability discrimination landscape, covering both pre-ADAAA and post-ADAAA interpretations, and includes a helpful table of cases and an appendix with key documents and website addresses. No employment lawyer's library is complete without this robust treatise.

The 2017 Supplement updates the discussion of case law and addresses new developments including: 

  • The expansion of ADA litigation as a focal point under the EEOC’s Strategic Enforcement Plan;

  • Case treatment of ADA coverage issues in the aftermath of the ADAAA;

  • Increased focus in case law on what it means to be a “qualified individual” with a disability;

  • Attention to reasonable accommodation disputes, including leaves and absenteeism, reassignments, and even service animals;

  • Benefits issues, such as wellness programs; and

  • Proliferation of ADA Title III claims, including website accessibility claims and ADA Title III class claims.

SUMMARY OF CONTENTS

  • Overview of Federal Disability Discrimination Law
  • The Rehabilitation Act of 1973
  • Americans With Disabilities Act: Legislative History
  • State Disability Discrimination Laws
  • Disabilities Protected by the Americans With Disabilities Act
  • Access and Accommodation Issues
  • The Americans With Disabilities Act and the Hiring Process
  • Reasonable Accommodation
  • Interplay of Related Workplace Statutes
  • Remedies, Proof, Litigation Strategies, and Alternative Dispute Resolution

 

Authors

Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.

Peter A. Susser is a shareholder in Littler Mendelson, P.C., Washington, DC.

 

Peter J. Petesch is a shareholder in Littler Mendelson, P.C., Washington, DC.

Contents

View full tables of contents and read the book’s preface or introduction.

Reviews

Read what others have to say about this Bloomberg BNA book.

"[T]he authors have practical, real world expertise which will greatly benefit the harried in-house counselor when facing ADA issues in an environment of broader postamendment protections."

Lester C. Nail

Assistant General Counsel and Senior Director, Employment Litigation, Denny’s Corporation

"This treatise serves as a very useful, in-depth tool in assessing obligations and potential exposure on a very large number of topics in this area, and will be a frequently-used resource."

Randy J. Kamen

Vice President and Associate General Counsel, Sony Electronics, Inc.