Someone with high cholesterol, high blood pressure, or diabetes may not qualify as having a disability. The definition of a disability as stated by the U. S. Equal Employment Opportunity Commissions, “a person must have a physical or mental condition that substantially limits a major life activity such as walking, talking, seeing, hearing, or learning, or have a history of a disability such as cancer in remission, or a physical or mental impairment that is not transitory. The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination against qualified people with disabilities in regards to hiring, termination, training, salary, and promotions. Even after the ADA was passed, people with disabilities are still having a hard time finding employment. According to Bennett-Alexander, Hartman (2015), “twenty years after the ADA was passed, only 41percent of working-age individuals with a disability were employed, compared to 79.1 percent of those without disabilities. Examples of disability discrimination cases.
Toyota Motor Manufacturing, Kentucky, Inc. v. Williams
534 U.S. 184 (2002) United States Supreme Court No. 00-1089
Allegations: Ms. Williams claimed to be disabled because she had carpal tunnel syndrome and other impairments caused by the work she performed on the job; she sued her former employer, because she felt the company did not provide her with a reasonable accommodation …show more content…
v. Hernandez
540 U.S. 44 (2003) Supreme Court of the United States No. 02-749
Allegations: Joel Hernandez seeking to be rehired from a previous employer, he was rejected from the position; he filed a discrimination claim with the EEOC claiming the rejection was due to his prior drug addiction problem stating it was a legitimate disability.
Defense: Hernandez stated he worked there in the past, so Bockmiller, Labor Relations Department, reviewed his old personnel file to see the reason for termination was for violating workplace conduct rules. The company policy is not to rehire someone who was terminated for workplace misconduct.
Outcome: The United States Court of Appeals for the Ninth Circuit originally favored Hernandez stating that the company failed to do what is required by law in regards to ADA, but changed their ruling because the Ninth Circuit improperly applied a disparate-impact analysis in a disparate-treatment case, so they vacate judgment and remand the case for further