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Mizzou HSP_MGMT 1133 - HRM1133Lecture11-Feb21

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HRM 1133-Lecture 11-note-this lecture begins Exam 2 materials ADA-Americans with Disabilities actI. Federal law-II. Who protected?- Disability--Any physical or mental impairment that substantially limits a major life activity Impairment- Physical or mental- Birth defect Substantially limits- Refers to how severe the condition is and how long the condition lasts Major life activity- Any type of activity that people spend a lot of time doing —Also, those regarded as being disabled or with a past record of a disability are covered and Associates of the disabled are covered (AIDS / HIV) III. Who targeted? Places of public accommodation / those who own and or operate- Landlord - Also ERS of 15 or more are covered under the Employment sectionIV. Prohibited??? No discrimination by III because of II; Access- No screening criteria - EX: Drivers license as sole form of ID- No Surcharge on Disabled - No special requirements on Disabled- Cannot require to identify a disability- Required?- Auxiliary aids/services and/or modification of policies and procedures unless undue burden or would fundamentally alter the nature of the services provided Casey Martin case- Barrier removal if readily achievable, if not readily achievable, alternative measures- Déjà vu example No elevator, if person came in wheelchair they wouldn’t be able to get upstairs - Strict guidelines for new construction- Anything built after the date of the ADA - Employment- Law prohibits discrimination regarding any of the terms, conditions and privileges of employment. - Generally the law requires EEO and not affirmative action. - Special situations under ADA.- Can EE perform the essential functions of the job?  If yes? - If no? - Are there any reasonable accommodations that could help EE perform essential functionsV. Agency—- Access-Yes / DOJ -Exhaustion—No- Employment-Yes / EEOC (Equal Employment Opportunity Commission) -Exhaustion is required—if you want to do a discrimination chargeVI. Limitation period- Access—2 years - Employment— 180/180/90 - Have to move quickly to assert claimVII. Remedies- Access- Private Plaintiff (private individual)- Notice?  NoDrive-by plaintiff example- private person cannot collect money damages in an ADA suit—can get court orders to get structural modifications and attorneys fees rewardedWhat is the ADA Notification Act?-Proposed law—proposes that private plaintiffs should have to give 90 days notice to the target of an ADA lawsuit before being able to file in court; write a letter into the business about the issue A/G as plaintiffcan agree to serve as plaintiff for private plaintiff—can collect money damages under thiscircumstance Reasons for A/G to get involved:Pattern and Practice- the same business has done this to multiple people General public interest and


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