Americans with Disabilities Act (ADA) Handbook, Fourth Edition

The Americans With Disabilities Act Handbook provides comprehensive coverage of the ADA's employment, commercial facilities, and public accommodations provisions as well as coverage of the transportation, communication, and federal, local, and state government requirements.

In one comprehensive two-volume set, you'll get a complete analysis of the Act and all the forms and case law you'll need to prepare your case. Recognized ADA authority Henry H. Perritt, Jr., clearly defines statutory and regulatory requirements for public and private employers, commercial facilities and places of public accommodation.

There's a complete analysis of the rapidly expanding case law - organized by frequently litigated topics, like wheelchair access and AIDS discrimination. In-depth analysis is provided for the numerous federal and state cases and significant regulatory activity by the EEOC cropping up each year.

You'll also get thorough analysis of how the Rehabilitation Act of 1973 relates to ADA. The statutory definition of disability and the concept of being "otherwise qualified" for a job are also discussed in-depth. And you'll see exactly what employers, business owners, and providers of governmental services must do to make "reasonable accommodation."

Plus, a comprehensive section that organizes case law by type of physical and mental impairment and accommodation by type of job requirement, making analysis easier.

Americans With Disabilities Act Handbook has been updated to include:

• Analysis of a Supreme Court case finding that Wal-Mart class action did not meet requirements of Federal Rules of Civil Procedure 23
• Case law applying the 2008 Amendments and EEOC's implementing regulations
• Analysis of Supreme Court case providing a framework for "cat's paw" proof of disparate treatment
• Analysis of a Supreme Court case finding retaliation because of a fiance´e's protected activity Analysis of a Supreme Court case allowing oral requests for FMLA leave
• Analysis of cases assessing whether the employer erroneously perceived an employee as unable to perform a "range of jobs"
• Discussion of a case denying safe harbor to a recovering drug abuser
• Analysis of case allowing an employer to assign an HIV-positive employee to train only those employees signing a waiver
• Discussion of a case finding that a return-to-work medical examination did not violate the ADA Analysis of the "one-strike" rule imposed by an employers' association
• Discussion of a case finding that reductions in paratransit services did not violate ADA
• New cases rejecting challenges to arbitration

• 1. INTRODUCTION AND OVERVIEW OF STATUTE
  • ADA Impact on Other Legal Claims
  • Extraterritorial Reach
  • Genetic Discrimination
• 2. LEGISLATIVE HISTORY
  • ADA Amendments Act of 2008
• 3. WHAT IS A STATUTORY DISABILITY?
  • Elements and Statutory Definitions
  • Physical Disability
  • Mental Disability
  • Qualified Individual
• 4.EMPLOYER OBLIGATIONS
  • Prohibited Conduct
  • Reasonable Accommodation
  • Particular Modifications of Duties for Disabled Applicants or Employees
  • Adoption of Methods of Proof from the Civil Rights Act of 1964
  • FMLA and ADA
  • Reverse Discrimination
• 5.GOVERNMENT OBLIGATIONS UNDER TITLE II
  • Physical Accessibility
  • Social Benefit Programs
  • Statutes, Agency Rules, and Common-Law Doctrines Violating ADA
  • Application of Zoning, Fire, and Other Codes
  • Eleventh Amendment
  • Reverse Discrimination
• 6. REQUIREMENTS UNDER TITLE III FOR PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES
  • Basic Prohibitions Against Discrimination
  • Reverse Discrimination
• 7. TRANSPORTATION AND COMMUNICATIONS SYSTEM REQUIREMENTS UNDER TITLE IV
  • Treatment of Particular Types of Vehicles and Services
  • DOT Regulations
• 8. REHABILITATION ACT OF 1973
• 9. PROCEDURAL AND EVIDENTIARY ISSUES
  • Parties to ADA Claims
  • Jurisdiction and Venue
  • Exhaustion of Administrative Remedies
  • Suing in State Court
  • Waivers, Releases, and Settlement Agreements
  • Arbitration, Mediation, and Settlement of ADA Claims
  • Supplemental and Removal Jurisdiction
  • Discovery
  • Evidence
  • Jury Trials
  • Equitable Remedies
  • Damages and Other Remedies
  • Preclusion
  • Appellate Review
  • Dismissal for Failure to Prosecute
• 10. FORMS AND PROCEDURES FOR TITLE I COMPLAINTS
• 11. COMPLAINTS UNDER TITLES II AND III
• 12. POST-COMPLAINT MOTIONS, SUPPORTING MEMORANDA, AND ANSWERS
• 13. DISCOVERY
• 14. EARLY PRETRIAL PLANNING, MOTIONS FOR SUMMARY JUDGMENT, AND SUPPORTING MEMORANDA
  • Planning Evidence for Amputee Cases
• 15. PRETRIAL PROCESS
• 16. TRIAL MATTERS
• 17. REMEDIES
• 18. PREVENTIVE MATERIALS