Understanding the Americans with Disabilities Act, Fourth Edition
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Understanding the Americans with Disabilities Act, Fourth Edition
Explaining in clear and simple terms the legislation, administrative regulations, and case law of the Americans with Disabilities Act, this handbook goes beyond the myths and offers a virtual road map to the law as well as a framework for dealing with the ADA in a preventive manner. By reviewing the ADA in the context of real-world situations, the book brings clarity and perspective to this important area of the law. Each concise chapter, written in plain English, covers an area of the ADA, its practical application, and its anticipated future evolution. It also includes useful forms and checklists. Some of the many important topics considered include:
The true definition of a disability under the ADA
Essential functions, major life activities, and tasks: what they are and what they mean
What constitutes undue hardship for employers
The concept of good faith and steps to ensure a defendant will meet the standard
Drug and alcohol abuse: when they are and are not disabilities
How “reasonable modification†is defined and interpreted
New and existing commercial public facilities and their architectural requirements
Delving into many of the complex topics of disability claims and reflecting ADA cases decided by the Supreme Court and appellate courts, this updated edition offers expanded guidance on remedies if the law is violated; advice on when you have a right to sue; the statute of limitations for claims; and whether a class-action is a viable thing to pursue.
Written from the perspective of a lawyer with a disability (the author was born with a severe to profound hearing loss and wears hearing aids), this to-the-point guide demonstrates that the Americans with Disabilities Act is not just a law, but a way of life.