Disability Discrimination (ADA)
Employment Law · Lesson 04
Disability Discrimination (ADA)
這一課問的是：僱主是否歧視合資格之身心障礙者，或未提供合理便利，違反 ADA？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Has the employer discriminated against a qualified individual with a disability or failed to provide reasonable accommodation under the ADA?
這一課問的是：僱主是否歧視合資格之身心障礙者，或未提供合理便利，違反 ADA？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
ADA
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Americans with Disabilities Act — bars disability discrimination in employment (Title I).
ADA。
disability
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Physical/mental impairment substantially limiting major life activity; record of; or regarded as.
身心障礙。
qualified individual
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Can perform essential job functions with or without reasonable accommodation.
合資格個人。
essential functions
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Fundamental job duties — not marginal.
必要職能。
reasonable accommodation
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Modification enabling employee to perform essential functions.
合理便利。
undue hardship
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Significant difficulty or expense — limits accommodation duty.
過度困難。
interactive process
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Employer and employee must engage to identify reasonable accommodation.
互動程序。
Issue · what this lesson is really about
Has the employer discriminated against a qualified individual with a disability or failed to provide reasonable accommodation under the ADA?
這一課問的是：僱主是否歧視合資格之身心障礙者，或未提供合理便利，違反 ADA？
Trigger words & phrases that should flag this issue:
disabilityaccommodationessential functionreasonable accommodationundue hardship
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State elements | ADA Title I prohibits discrimination against qualified individuals with disabilities; "qualified" means able to perform essential functions with or without reasonable accommodation. | ADA：禁歧視合資格身心障礙者。 |
| Apply accommodation | Reasonable accommodation includes job restructuring, modified schedules, equipment, leave, reassignment. | 合理便利含工作重組、彈性時間、設備、休假、調職。 |
| Apply undue hardship | Undue hardship considers nature/cost of accommodation, employer resources, impact on operations. | 過度困難考慮性質、成本、資源、業務影響。 |
| Apply interactive process | Employer and employee must engage in interactive process to identify reasonable accommodation; failure may itself be violation. | 互動程序失敗本身可構成違反。 |
| Apply ADAAA | 2008 amendment broadened definition of disability — should be construed in favor of broad coverage. | 2008 ADAAA 廣解。 |
Rule Sentence · the workhorse
Under Title I of the ADA, an employer may not discriminate against a qualified individual with a disability — one who, with or without reasonable accommodation, can perform the essential functions of the job — and must provide reasonable accommodation unless doing so would impose undue hardship.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人employer僱主
Act 行為employment decision + accommodation僱用決定 + 便利
Object 對象qualified individual with disability合資格身心障礙者
Standard 法律標準essential functions + reasonable accommodation必要職能 + 合理便利
Consequence 後果ADA liabilityADA 責任
Casebook Snapshot · a real American case
U.S. Airways v. Barnett
Holding. While the ADA may require reassignment as a reasonable accommodation, an accommodation request that conflicts with a bona fide seniority system is ordinarily not reasonable. The employee may still show special circumstances justifying the accommodation despite the system.
Why it matters. Barnett illustrates the tension between ADA accommodation and other workplace systems — the duty has practical limits.
Barnett：ADA 便利義務與年資制度衝突時，通常後者勝。
Common Mistakes · what trips students
✗ ADA 覆蓋所有 impairments。
✓ Must substantially limit major life activity (broadened by ADAAA 2008).
須實質限制主要生活活動。
✗ employer can refuse accommodation based on cost。
✓ Only if undue hardship — significant difficulty/expense relative to resources.
僅過度困難方可拒。
✗ ADA requires hiring of any disabled applicant。
✓ Only "qualified" individuals — can perform essential functions w/ or w/o accommodation.
僅及合資格者。
Mini IRAC · build the Application
Issue. Must D provide reasonable accommodation to P, an employee with vision impairment requiring screen-reading software costing $2,000?
Rule. Under the ADA, an employer must provide reasonable accommodation to a qualified individual with a disability unless the accommodation would impose undue hardship.
Application (model). P has a vision impairment substantially limiting major life activity; P is qualified to perform essential job functions with screen-reading software; the software costs $2,000 for D (a large corporation). Because the ADA requires reasonable accommodation unless undue hardship and $2,000 is trivial relative to D's resources, the fact that the cost is modest and would clearly enable P to perform essential functions means undue hardship is not established.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, D must provide the screen-reading software as a reasonable accommodation.
MBE Check · multiple choice
P applies for a job as a delivery driver. P has a medical condition that occasionally causes seizures. D refuses to hire P, citing safety. Is D's refusal lawful under the ADA?
Mini Essay · write the Application paragraph
Facts. P has lupus, which causes severe fatigue 3-4 days per month. P's job is accountant. P requests modified schedule allowing flexibility (working from home, varying hours) on bad days. D refuses, saying "all employees must be in office 9-5."
Call. Has D violated the ADA?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: