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Memorandum: A Legal Insight into Disability Discrimination Under the Americans with Disabilities Act

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Memorandum: A Legal Insight into Disability Discrimination Under the Americans with Disabilities Act
Memorandum: Disability Discrimination

Kaplan University PA 402 Unit 9

Judgenjury

May 19, 2015

TO: John Doe, CEO

FROM: Sherry Metz, Attorney

RE: Disability Discrimination

DATE: May 20, 2015

Memorandum

It has come to my attention, that a situation has arisen, which requires immediate attention. An employee, with epilepsy, feels he may be discriminated against due to his physical impairment. I hope to clarify the disability Discrimination law, in an attempt to correct or improve the situation, before legal issues arise. I am going to explain the Companies legal obligations and responsibility as an employer under the Americans with Disabilities Act; explain the possible liability the Company, as the employer, can be held responsible, due to a successful claim being filed against this company. I will provide a brief overview of the federal laws, which protect the rights of individuals with disabilities; explain an individual’s right under the Americans with Disabilities Act and provide information, regarding the reasonable accommodations in work-related situations, which are required as per the law. I will also provide a brief history of the American and Disabilities Act and its amendments, and the potential ramifications for Title I employers and employees to clarify any misunderstandings of the law.
Employer’s Legal Obligation under the Americans with Disabilities Act

The Equal Employment Opportunity Commission (EEOC) provides information and protection for those covered under the Americans with Disability Act (ADA). The Americans with Disabilities Act (ADA) prohibits a company, as the employer, to discriminate against any employee with a disability. Disability discrimination occurs when an employer treats a qualified employee or applicant unfavorably because of the individuals’ disability. If the employee or applicant has a history of a disability, such as cancer, which is controlled or in remission, the individual is



References: Mid-Atlantic ADA Center (2013). History of the ADA. Retrieved from http://www.adaininfo.org/content/history-ada U.S. Department of Justice (2009). A Guide to Disability Rights Laws. Retrieved from http://www.ada.gov/cguide.htm U.S. Department of Justice (n. d.). Americans with Disabilities Act of 1990. Retrieved from http://www.ada.gov/pubs/adastatute08.htm#subchapterI U.S. Equal Employment Opportunity Commission (2008). Americans with Disabilities Act: Questions and Answers. Retrieved from http://www.ada.gov/qandaeng.htm. U.S. Equal Employment Opportunity Commission (n.d.). Disability Discrimination. Retrieved from http://www.eeoc.gov/laws/types/disability.cfm U.S. Equal Employment Opportunity Commission (n. d.). Notice Concerning the Americans with Disabilities Act (ADA) Amendments Act of 2008. Retrieved from http://www.eeoc.gov/laws/statutes/adaaa_notice.cfm U.S. Equal Employment Opportunity Commission (n.d.). The ADA: Your Employment Rights as an Individual With a Disability. Retrieved from http://www.eeoc.gov/facts/ada18.html U.S. Equal Employment Opportunity Commission (n.d.). The Americans with Disabilities Act of 1990. Retrieved from http://www.eeoc.gov/eeoc/history/35th/1990s/ada.html Web Accessibility in Mind (1999). United States Laws: Overview of the Rehabilitation Act of 1973 (Sections 504 and 508). Retrieved from http://webaim.org/articles/laws/usa/rehab

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