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Americans with Disabilities Act (ADA) Handbook, Fifth Edition Americans with Disabilities Act (ADA) Handbook, Fifth Edition

Americans with Disabilities Act (ADA) Handbook, Fifth Edition

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Overview

Americans with Disabilities Act Handbook

Litigation involving the Americans with Disabilities Act (ADA) is one of the most significant fields of discrimination-based litigation facing business and government entities today.

The Americans with Disabilities Act Handbook provides comprehensive coverage of the ADA's employment, commercial facilities, and public accommodations provisions as well as coverage of the transportation, communication, and federal, local, and state government requirements.

In this comprehensive two-volume set, you'll get a complete analysis of the Act and all the forms and case law you'll need to prepare your case. Recognized ADA authority Henry H. Perritt, Jr., clearly defines statutory and regulatory requirements for public and private employers, commercial facilities and places of public accommodation.

From in-depth analysis of the statutory definition of disability to practical guidance on all aspects of ADA litigation from complaint through jury instructions, Americans with Disabilities Act Handbook provides the full range of information you need to evaluate and litigate an ADA case successfully.

The complete analysis of the rapidly expanding case law is organized by frequently litigated topics, like wheelchair access and AIDS discrimination. In-depth analysis is provided for the numerous federal and state cases and significant regulatory activity by the EEOC cropping up each year.

You'll also get thorough analysis of how the Rehabilitation Act of 1973 relates to ADA. The statutory definition of disability and the concept of being "otherwise qualified" for a job are also discussed in-depth. And you'll see exactly what employers, business owners, and providers of governmental services must do to make "reasonable accommodation."

Plus, a comprehensive section that organizes case law by type of physical and mental impairment and accommodation by type of job requirement is provided, making analysis easier.

The Fifth Edition is significantly revised and recently updated coverage includes:

  • New case law allowing parallel § 1983 claim for ADA violation
  • Case law on being qualified when other employees can perform essential functions 
  • New case law on attendance as an essential function of jobs
  • New case law discussion on proof of substantial limitation on daily life activities
  • New case discussion on employees who fail to participate effectively in exploring reasonable accommodation
  • Limitation on requirements to accommodate absenteeism
  • Obligation to make accommodations to lessen pain
  • Requirement to accommodate deafness by providing sign-language interpreter
  • Requiring employee applicants to pay for diagnostic tests
  • New case law on direct threat defense
  • New case law on retaliation
  • New case discussion on who is a prevailing party entitled to receive attorneys’ fees
  • New case law on class actions
  • Judge and jury roles and sequencing when both legal and equitable claims are pleaded
  • Preclusive effect of claim for Social Security disability benefits
  • New case law holding that exhaustion of Equal Employment Opportunity Commission remedies is not jurisdictional
  • Rule 11 sanctions
  • New case law on availability of front pay
  • Case law on plaintiff burden to resist summary judgment
  • New case law on religious exception
  • New case law discussion on the Younger doctrine

Note: Online subscriptions are for three-month periods.

Last Updated 04/04/2019
Update Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 10047974-7777
Publish Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 000000000010073226
Table of Contents

1. INTRODUCTION AND OVERVIEW OF STATUTE

  • ADA Impact on Other Legal Claims
  • Extraterritorial Reach
  • Genetic Discrimination

2. LEGISLATIVE HISTORY

  • ADA Amendments Act of 2008

3. WHAT IS A STATUTORY DISABILITY?

  • Elements and Statutory Definitions
  • Physical Disability
  • Mental Disability
  • Qualified Individual

4.EMPLOYER OBLIGATIONS

  • Prohibited Conduct
  • Reasonable Accommodation
  • Particular Modifications of Duties for Disabled Applicants or Employees
  • Adoption of Methods of Proof from the Civil Rights Act of 1964
  • FMLA and ADA
  • Reverse Discrimination

5.GOVERNMENT OBLIGATIONS UNDER TITLE II

  • Physical Accessibility
  • Social Benefit Programs
  • Statutes, Agency Rules, and Common-Law Doctrines Violating ADA
  • Application of Zoning, Fire, and Other Codes
  • Eleventh Amendment
  • Reverse Discrimination

6. REQUIREMENTS UNDER TITLE III FOR PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES

  • Basic Prohibitions Against Discrimination
  • Reverse Discrimination

7. TRANSPORTATION AND COMMUNICATIONS SYSTEM REQUIREMENTS UNDER TITLE IV

  • Treatment of Particular Types of Vehicles and Services
  • DOT Regulations

8. REHABILITATION ACT OF 1973

9. PROCEDURAL AND EVIDENTIARY ISSUES

  • Parties to ADA Claims
  • Jurisdiction and Venue
  • Exhaustion of Administrative Remedies
  • Suing in State Court
  • Waivers, Releases, and Settlement Agreements
  • Arbitration, Mediation, and Settlement of ADA Claims
  • Supplemental and Removal Jurisdiction
  • Discovery
  • Evidence
  • Jury Trials
  • Equitable Remedies
  • Damages and Other Remedies
  • Preclusion
  • Appellate Review
  • Dismissal for Failure to Prosecute

10. FORMS AND PROCEDURES FOR TITLE I COMPLAINTS

11. COMPLAINTS UNDER TITLES II AND III

12. POST-COMPLAINT MOTIONS, SUPPORTING MEMORANDA, AND ANSWERS

13. DISCOVERY

14. EARLY PRETRIAL PLANNING, MOTIONS FOR SUMMARY JUDGMENT, AND SUPPORTING MEMORANDA

  • Planning Evidence for Amputee Cases

15. PRETRIAL PROCESS

16. TRIAL MATTERS

17. REMEDIES

18. PREVENTIVE MATERIALS

Appendices

Tables

Index

About The Experts
Volumes