4.02 Elements of an ADA Claim — Disparate Treatment (Non-Accommodation) Cases refer to cases in which an employer discriminates against an employee or applicant on the basis of their disability. These cases involve an employer's intent to treat a person with a disability differently from other employees or applicants, or failing to provide reasonable accommodations to an employee or applicant with a disability. There are two types of ADA Disparate Treatment (Non-Accommodation) Cases: intentional discrimination and failure to accommodate. Intentional discrimination cases involve an employer's conscious decision to treat a person with a disability differently from other employees or applicants. This may include refusing to hire a qualified applicant with a disability, not providing reasonable accommodations, or firing an employee with a disability. Failure to accommodate cases involve an employer's failure to provide reasonable accommodations to an employee or applicant with a disability. This may include providing a modified job structure, modified hours, or other accommodations that are necessary for an employee with a disability to be able to do their job. In either of these cases, the employee or applicant must be able to demonstrate that they were treated differently than other employees or applicants due to their disability.
4.02 Elements of an ADA Claim — Disparate Treatment (Non-Accommodation) Cases refer to cases in which an employer discriminates against an employee or applicant on the basis of their disability. These cases involve an employer's intent to treat a person with a disability differently from other employees or applicants, or failing to provide reasonable accommodations to an employee or applicant with a disability. There are two types of ADA Disparate Treatment (Non-Accommodation) Cases: intentional discrimination and failure to accommodate. Intentional discrimination cases involve an employer's conscious decision to treat a person with a disability differently from other employees or applicants. This may include refusing to hire a qualified applicant with a disability, not providing reasonable accommodations, or firing an employee with a disability. Failure to accommodate cases involve an employer's failure to provide reasonable accommodations to an employee or applicant with a disability. This may include providing a modified job structure, modified hours, or other accommodations that are necessary for an employee with a disability to be able to do their job. In either of these cases, the employee or applicant must be able to demonstrate that they were treated differently than other employees or applicants due to their disability.
