"Without knowledge of the disability": an emerging limitation to liability under the ADA

Article Abstract:

Some employment discrimination plaintiffs suing under the Americans with Disabilities Act have alleged that employers were on notice as to their disabilities because poor job performance was a manifestation of the disability. Courts have required actual or constructive notice of disability as a prerequisite to liability. They have rejected claims that tardiness, laziness or other misconduct should have put the employer on notice that some hidden disability was present. The burden to declare that a disability is present should be placed on the employee.

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Examining the relationship between employers and health professionals under the ADA

Article Abstract:

Employers need to work with occupational health professionals in order to make correct choices on their employment of handicapped individuals and minimize their liability under the Americans with Disabilities Act of 1990 (ADA). The ADA tries to ensure that employers cannot reject handicapped job applicants solely because of the handicap and that employers must provide 'reasonable accommodation' to handicapped people to facilitate the performance of their jobs. Health providers can help employers make appropriate disability determinations.

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Weight discrimination and hostile work environment: analysis and implications

Article Abstract:

An overweight person's claims of workplace harassment and a discriminatory weight-based hostile work environment may be able to obtain relief if obesity is classified as a disability under statutes such as the Americans with Disabilities Act or the Rehabilitation Act. Proposed EEOC guidelines regarding harassment define statutory requirements to establish claims. Employers need to establish anti-discrimination policies to avoid liability.

Harassment (Law), Harassment, Discrimination against overweight persons, Overweight persons discrimination

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