Elements of A Disability Harassment Cause of Action

In addressing harassment claims under the ADA, courts have applied the standards utilized in Title VII hostile work environment cases. The plaintiff must prove: - the plaintiff is a qualified individual with a disability under the ADA; - the plaintiff was subject to unwelcome harassment; - the harassment was based on the plaintiff's disability or a request for accommodation; - the harassment was sufficiently severe or pervasive to alter the conditions of the plaintiff's employment and to create an abusive working environment; and - that the defendant knew or should have known of the harassment and failed to take prompt, effective remedial action.