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ITEM #:  60095100   |   PUBLISHED:  SEPTEMBER 15, 2020

The ADA Handbook: Employment Practices Under Title I of the Americans With Disabilities Act, 2nd Edition

Edited by Rebecca J. Bernhard, Tina Burnside & Steven Andrew Smith

This New Edition of the ADA Handbook provides a comprehensive overview of the Americans with Disabilities Act and an in-depth look at related employment practices, including answers, analysis, and practice tips for those who advise on or litigate ADA matters. We have gathered a diverse team of experienced attorneys to create this guide, providing a variety of practice perspectives – advisors and litigators, plaintiff counsel and employer-side. This helpful, extensive guide includes:

  • Answers to questions about coverage, reasonable accommodation, the interactive process, mental health conditions and chemical dependency, disability-related inquiries and medical exams, anti-discrimination, harassment, and retaliation provisions, ADA enforcement, litigation strategy, and more!
  • Tips to help practitioners better identify and deal with the interplay of the ADA with other state and federal laws
  • A special chapter on leave and reassignment as reasonable accommodations
  • Litigator insights, tips, and strategies
  • Checklists and other practice aids
  • A handy subject index for easy searching
  • And more!

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Overview of the Americans with Disabilities Act
Introduction; Background and Organization of the ADA; The ADA Framework; The ADAAA and Its Significance; ADA Posting Requirement; Employer Recordkeeping; Employee Handbook; ADA Considerations in Union Workplaces; Special Considerations in the Public Sector Context; Other Statutes
– Craig A. Brandt

ADA Coverage Issues
Which Employers Are Subject to the ADA’s Requirements?; What Individuals Are Covered by the ADA?; What Constitutes a “Disability” Under the ADA?; How are the Essential Functions of a Job Determined?; What Defenses Does an Employer Have to a Disability Discrimination Claim?
– Megan L. Anderson

Anti-Discrimination, Anti-Retaliation, and Anti-Harassment Provisions Under Disability Law
Introduction; Disability Defined; Discrimination Defined; Retaliation Defined; Harassment Defined; State Law Considerations
– Justin D. Cummins

Reasonable Accommodation: An Overview of the ADA Requirements and the Interactive Process
Introduction; The Fundamentals of Reasonable Accommodation; Employee Notification Requirements; Employer Response Requirements; The Interactive Process; Types of Accommodation; Defenses and Limits to Accommodation; Testing, Screening, and Qualification Standards; Claims of Favoritism – Discrimination Claims by Non-Disabled Individuals; Coordination with the Family and Medical Leave Act and Other Statutory Obligations; Public Sector Employers; Reasonable Accommodation and the National Labor Relations Act
– Anne M. Radolinski & Jade B. Jorgenson

Leave and Reassignment as Reasonable Accommodations
Introduction; Length of Leave and No-Fault Leave Policies; Pay and Benefits During Leave; Employer Contact with Employee Who Is on Leave; How to Manage Indefinite Leave; How to Manage Sporadic or Unpredictable Leave; The End of Leave; Reassignment
– Kristin Berger Parker

Disability-Related Inquiries and Medical Examinations
When May an Employer Require a Medical Examination or Make a Medical Inquiry?; What Is Considered a Medical Examination Under the ADA?; What If an Employee Refuses or Fails to Submit to a Medical Exam or Will Not Respond to a Medical Inquiry?; Employer’s Responsibilities Regarding Confidentiality and Retention of Employee Medical Information/Records; Impact of Other Laws on ADA Medical Examinations and Inquiries; Appendix A – Sample Letter Requesting Fitness-For-Duty Examination
– Jana M. O’Leary Sullivan & Hanna G. Felix

Mental Health Conditions and Chemical Dependency
Introduction; EEOC Guidance Regarding Mental Health Conditions; Process for Responding to Employees with Mental Disabilities; Applying the ADA to Employees with Chemical Dependency; Conclusion
– R. Ann Huntrods, Danielle W. Fitzsimmons & Erin S. Conlin

Interplay with Other Laws and with Company Policies
Introduction; Company Policies and the ADA; Union Contracts and the ADA; ADA Interplay with the FMLA; ADA Interplay with GINA; ADA Interplay with ERISA; ADA Interplay with COBRA; ADA Interplay with HIPAA; ADA Interplay with Minnesota Laws
– Penelope J. Phillips & Zachary A. Alter

Causes of Action; Defenses; Remedies; Enforcement Mechanisms; Statute of Limitations; Liability Issues; Effect of ADA Claim on Disability Benefits Claims
– Sarah B. Riskin & Andrew Peterson

Plaintiff Side: Tips and Strategies for Litigation
Pre-Litigation Tips and Strategies; Tips and Strategies Regarding Charges and Pleadings; Discovery; Summary Judgment; Trial; Merit-Based Tips and Strategies
– Adrianna H. Shannon

Defense Side: Tips and Strategies for Litigation
Steps to Avoid Litigation; Responding to Charges on Behalf of Employers; Checklist of Defenses; Preparing the Defense: Develop a Theme; Discovery: Get All of the Medical Records and Read Them; Witness Preparation: Consider the Client; Public Sector Employment – A Unionized Workforce; Attorney’s Fees Under the ADA
– V. John Ella 

EEOC Technical Assistance Q&A: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Table of Authorities
Subject Index 

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