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Sec. 12112. No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
Discrimination based on disparate treatment occurs when an employer treats a disabled employee or applicant differently than it treats non-disabled individuals because of the employee's or applicant's disability, such as firing, not hiring, or not promoting the employee because of his or her disability.
Example of disparate treatment: providing higher pay to men than women for performing the same job (intentional discrimination) Example of disparate impact: hiring more men than women as construction workers as a result of physical height or strength (unintentional discrimination).
The existence of illegal disparate treatment may be established either by statements revealing that a lender explicitly considered prohibited factors (overt evidence) or by differences in treatment that are not fully explained by legitimate nondiscriminatory factors (comparative evidence).
Disparate treatment occurs when an employer limits, segregates, or classifies a job applicant or employee in a way that adversely affects the opportunities or status of the applicant or employee, and does so because of an actual or perceived disability.
Disparate treatment occurs where members of a race, sex, or ethnic group have been denied the same employment, promotion, membership, or other employment opportunities as have been available to other employees or applicants.
To establish a prima facie case of disability discrimination against an employer under the ADA requires an employee to show four elements: the employer is subject to the ADA; the employee is disabled as defined by the ADA, has a record of impairment, or is perceived to be so by the employer; the employee is able to ...