Assume that you are the attorney for a large corporation, and an employee who has epilepsy comes to you with some vague allegations that he believes constitute disability discrimination. He has threatened to go to the EEOC with the claims. You know that your CEO is clueless about what constitutes disability discrimination, but you realize that the claim must be acted on promptly in order to avoid liability.
Write an informal internal memo to the CEO, including the following, along with any other information you deem relevant:
- Explain the employer's legal obligations under the ADA;
- Explain the possible liability the employer can be responsible for when an employee files a successful ADA action;
- Give a brief overview of the federal laws that protect the rights of individuals with disabilities. HINT: There are ten federal laws. You should focus primarily on Title I and the EEOC (Equal Employment Opportunity Commission) due to the nature of this complaint. However, include quick references to any of the others that catch your attention;
- Summarize an individual's rights under ADA and what is considered a reasonable accommodation in a "work-related" situation;
- Discuss of the history of ADA - how it became a law, why, the impact of Title I, what following initial passage (i.e., amendments in 2008, the New Freedom Initiative); and
- Discuss of the most significant changes to ADA as a result of amendments in 2008 and the potential ramifications for Title I and employers and employees.