Discrimination in Employment

Under the ADA, the following types of actions are deemed to be discriminatory: - Limiting, segregating, or classifying a job applicant or employee with a disability in a manner that adversely affects the opportunities or status of the individual; - Participating in a contractual or other arrangement that results in discrimination against a qualified applicant or employee with a disability; - Utilizing standards, criteria, or other methods of administration that have the effect of discriminating or perpetuating discrimination on the basis of disability and that are not job-related and consistent with business necessity; - Discriminating against a non-disabled applicant or employee because of that person's association with an individual with a disability; - Not making a reasonable accommodation to a known physical or mental impairment of an otherwise qualified applicant or employee with a disability, unless the accommodation would impose an undue hardship; - Using qualification standards, tests, or other selection criteria that screen out or tend to screen out individuals with disabilities, unless the tests are job-related and consistent with business necessity; - Failing to administer tests in the most effective manner to ensure that the test accurately measures the skills or aptitude of the individual with a disability and does not merely reflect that person's impairment; - Retaliating, coercing, or interfering with an individual's lawful actions or exercise of rights under the ADA; - Engaging in prohibited medical examinations or inquiries with respect to job applicants and employees.