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ERIC Number: ED461966
Record Type: Non-Journal
Publication Date: 2001
Pages: 17
Abstractor: N/A
Reference Count: N/A
Avoid Potential Liability: The Americans with Disabilities Act and the Public Schools.
Bettenhausen, Sherrie
This paper summarizes requirements of the Americans with Disabilities Act (ADA) and related regulations and judicial decisions as the law pertains to employment at public and private schools. It stresses that the ADA forbids employment discrimination on the basis of disability, and requires employers to make "reasonable accommodation" for employees' disabilities. It notes that the plaintiff has the initial burden to establish that he or she was not hired or promoted due to discrimination but that once the plaintiff makes this initial showing, the burden shifts to the employer or school district to articulate a legitimate, nondiscriminatory reason for not hiring or promoting the plaintiff. Individual sections of the report address the following topics: types of protection under ADA; employment discrimination in the schools (summarizing court cases related to contagious diseases, physical disabilities, mental disabilities, and disability harassment); and avoiding potential liability. Schools are urged to keep adequate documentation concerning employment decisions, use of written job descriptions, and development of written policies concerning such issues as contagious diseases and acceptable and unacceptable interview questions. (Contains 18 references.) (DB)
Publication Type: Information Analyses
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Americans with Disabilities Act 1990