7/29/20
Titles of ADA • Title I • Employment opportunities • Requires Reasonable Accommodations
• Title III
• Prohibits exclusion, segregation or unequal treatment in public accommodations and commercial facilities • Can apply to a public accommodation run by a tribe • Cannot be enforced by a private person against a tribe in non- Indian forum due to SI; compliance can be compelled by US AG
• Employers with 15+ employees • Excludes: US, US owned corporations and Indian Tribes • Equal opportunity to benefit from programs/services • No mention of applicability to tribes • Tribes may be exempted by sovereign immunity
• Title II
• Florida Paraplegic Assoc. v. Miccosukee Tribe of Indians of Florida , 166 F.3d 1126 (11 th Cir 1999)
19
Definitions • Disability
• Physical or mental impairment that limits one or major life activities; • History of an impairment that substantially limited on or more major life activities; or • Regarded as having such an impairment • Major Life Activities • Include but not limited to: walking, seeing, caring for oneself, learning, working, thinking, communication and operation of bodily functions – neurological/functions • Recovery
• In recovery; • Ceased use; • Participating in supervised rehabilitation program; or • Successfully rehabilitiated
20
10
Made with FlippingBook - Online catalogs