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Disabilities and reasonable accommodation — Arizona

 

The Americans with Disabilities Act (the ADA) was enacted to address the issue of discrimination against individuals with a disability. On September 25, 2008, President Bush signed the ADA Amendments Act (ADAAA). The amendments to the ADA became effective January 1, 2009, and final regulations implementing the ADAAA were published on March 25, 2011. The Act applies to:

  • employment (Title I)
  • public services (Title II)
  • public accommodations and services operated by private entities (Title III)
  • telecommunications (Title IV).

ADA cases are particularly problematic because many of the important concepts of the ADA involve matters that are inherently issues of fact that must be decided on a case-by-case basis, such as:

  • whether an individual has a disability within the meaning of the Act
  • whether a particular individual with a disability is “qualified” to perform the “essential functions” of a particular job
  • whether “reasonable accommodations” would enable the person with a disability to perform the essential functions of the job
  • whether the accommodation would be an “undue hardship” for the employer.

It is therefore important...


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