Employment Law: Ohio and Federal: Americans with Disabilities Act

The US Supreme Court decided that the Americans with Disabilities Act of 1990 and Rehabilitation Act of 1973 don't require children with disabilities to satisfy a uniquely stringent "bad faith or gross misjudgment" standard when seeking relief for discrimination relating to their education.

In 2025, the US Supreme Court will decide Whether, under the Americans with Disabilities Act, a former employee — who was qualified to perform her job and who earned post-employment benefits while employed — loses her right to sue over discrimination with respect to those benefits solely because she no longer holds her job.

4th Cir. Court of Appeals finds that gender dysphoria is covered by the Americans with Disabilities Act

AP News 6/30/23

Handicapped workers can be paid less than minimum wage if the employer holds a special certificate.

Section 501 of the Rehabilitation Act prohibits discrimination on the basis of disability by federal employers.

Section 503 of the Rehabilitation Act1 requires federal government contractors to include an affirmative action provision for the employment and advancement in employment of qualified persons with disabilities.

Section 504 of the Rehabilitation Act provides: “No otherwise qualified individual with a disability … shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Applies in employment and housing contexts. There can be no discrimination in housing provided for the elderly and for disabiliites. Also, no discriminiation in subsidized housing. Also applies to mass transit.

Americans with Disabilities Act - Employment

PROHIBITING EMPLOYMENT DISCRIMINATION ON THE BASIS OF GENETIC INFORMATION

HR Dive 5/23/22

Harvard Business Review 2/16/22

HR Dive 4/1/22

REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT

PROCEDURES FOR COORDINATING THE INVESTIGATION OF COMPLAINTS OR CHARGES OF EMPLOYMENT DISCRIMINATION BASED ON DISABILITY SUBJECT TO THE AMERICANS WITH DISABILITIES ACT AND SECTION 504 OF THE REHABILITATION ACT OF 1973

PROCEDURES FOR COMPLAINTS/CHARGES OF EMPLOYMENT DISCRIMINATION BASED ON DISABILITY FILED AGAINST EMPLOYERS HOLDING GOVERNMENT CONTRACTS OR SUBCONTRACTS

Whitt, Bridget. The Southeastern Librarian Vol. 72 , No. 2 (2024).

Burns, Erin and Kristen Green. College & Research Libraries, Vol 80, No 5 (2019).

Manwiller, Katelyn, Amelia Anderson, Heather Crozier, and Samantha Peter, College & Research Libraries,Vol 84, No 5 (2023)

Oud, Janice. College & Research Libraries, Vol 80, No 2 (2019)

Unlawful discrimination in the employment of the disabled

US Department of Justice, Civil Rights Division, Disability Rights Section.

EEOC

5/7/2014 Agency Guidance from the EEOC

3/25/1997 The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

EEOC Guidance 12/22/2000

EEOC Guidance 7/27/2000

EEOC Guidance 10/17/2002

EEOC Guidance 12/1/2015