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Civil Rights

Lilly Ledbetter Fair Pay Act of 2009 and The Disability Act

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Lilly Ledbetter Fair Pay Act of 2009

Each paycheck that delivers discriminatory compensation is a Wrong actionable under the federal EEO statues, regardless of when the discrimination began.

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The Lilly Ledbetter Fair Pay Act of 2009

"Recognizes the reality of wage discrimination and restores bedrock principles of American law"

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AMERICANS WITH DISABILITIES ACT AMENDMENTS

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ADA's Amendments Title I

Employers cannot discriminate against people with disabilities in regard to any employment practice or terms, conditions and privileges of employment

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An individual with a disability is a person who:

•Has a physical or mental impairment that substantially limits one or more major life activities; regardless of mitigating circumstances

•Has a record of such an impairment; or

•Is regarded as having such an impairment.

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Amends:"Regardless of mitigating circumstances"

Prohibits the consideration of measures that reduce or mitigate the impact of the impairment on a major lifeactivity:

Examples:

Medications, prosthetics, and other assistive technology.

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The individual may, or may not, have an impairment which is not substantially limiting but is treated by the employer as having such impairment; or because of the attitude of others toward the condition

REGARDED AS HAVING A DISABILITY

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Amends "Regarded As"

An applicant or employee is regarded as disabled if they are subjected to an action prohibited by the ADA.

Note: not entitled to a reasonable accommodation

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"Regarded as" Standard does not mean a person has been the victim of discrimination. It means only that a person is an individual entitled to the protections of the ADA. Whether unlawful discrimination occurred is a separate determination.

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Slide # 11 depicts three graphic pictures of individuals that appear to be in thought.

Think broadly on what may be a disability

 

Page last modified on September 6, 2017
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