Disabiity Discrimination

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Description: This is a review of and legal update on disability discrimination. It focuses on the definition of a disability, a qualified individual with a disability, reasonable accommodation (to include reassignment), undue hardship, direct threat and other defenses, confidentiality of records, unauthorized inquiries or examinations, relief (to include compensatory damages).

Length: 2, 4 hours or 1 day depending on the level of detail needed.

Table of Contents

Disability Discrimination: A Legal Update
With Case Decisions

Table of Contents

I. Disability or Not? 7

A. Specific Disabilities 7

1. Alcoholism 7
2. Allergic Reaction
3. Arthritis 7
4. Asthma 9
5. Attention Deficit Disorder
6. Back Injuries 10
7. Carpal Tunnel Syndrome 12
8. Degenerative Disc Disease 13
9. Diabetes 14
10. Depression and Anxiety 18
11. Drug Use 19
12. Hearing Loss 20
13. Lupus 21
14. Migraine Headaches 21
15. Post Traumatic Stress Disorder 22
16. Sarcoidosis (an inflammatory disease) 23
17. Seeing 24
18. Seizure Disorders (“Epilepsy”) 24
19. Sensitivity to Fragrance 25
20. Speaking 26
21. Stress 26
22. Touretts Syndrome 26

B. Major Life Activities 27

1. Concentration 28
2. Eating 28
3. Interacting With Others 29
4. Lifting 30
5. Reading 31
6. Reproduction / Sexual Activity 31
7. Seeing 33
8. Sleeping 35
9. Speaking 37
10. Traveling 37
11. Walking 38
12. Working 39
13. Other 41

C. Perceived or Regarded as Having a Disability 42

D. Notice to Agency of Disability 45

E. Temporary Disabilities 47

F. Is an Individual Required to Get Treatment
That Would Correct Their Disability? 47

II. Qualified Individual With a Disability 48

III. Reasonable Accommodation 49

A. Specific Disabilities 49

1. Alcoholism 49
2. Asthma 49
3. Back Injuries 50
4. Carpal Tunnel Syndrome 51
5. Hearing Impairments 52
6. Lupus 56
7. Mobility Impairments 56
8. Psychiatric Impairments 58
9. Seeing Impairments 59
10. Sleep Disorders 59

B. Specific Accommodations 60

1. Arriving at Work Whenever Complainant is Able
(Frequent Unplanned Absences) 60
2. Chairs and Sitting 63
3. Job Coach 64
4. Light Duty 65
5. Parking Space 66
6. Providing a New Supervisor 67
7. Reassignment 67
8. Work at Home 72

C. Essential Job Functions 74

D. No Request for an Accommodation 75

E. No Nexus Between Requested Accommodation
and Disability 76
F. Not Entitled to Personal Use Items 76
G. An Employee Not Entitled to Accommodation of His or
Her Choice if Accommodation is Otherwise Reasonable 78

IV. Direct Threat; Risk of Harm Defense 81

V. Qualification Standards 89

VI. Proof (Reasonable Accommodation + Disparate Treatment) 90

VII. Inquiry Discrimination 92

VIII. Confidentiality of Medical Records 101

IX. Fitness for Duty Examinations 107

X. Misconduct Exclusion 113

XI. The Interactive Process 115

XII. Nexus Between Disability and Requested Accommodation 118

XIII. Delay to Determine Medical Condition 118

XIV. Training as Part of Remedy for Disability Discrimination 119

XV. Collateral Attack on the OWCP Process 120

XVI. Required to Get Treatment To Eliminate the Disability? 121

XVII. Association With an Individual With a Disability 122

XVIII. Retaliation for Filing a Disability EEO Complaint 124

XIX. Harassment Based Upon Disability 125

XX. Disability Complaint as a Collateral Attack on Another
Process (OWCP or a Negotiated Grievance Process) 128

XXI. Good Faith Defense to Award of Compensatory Damages 129