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Written by Gary Gilbert, a former Chief Administrative Judge with the EEOC and one of three individuals responsible for developing materials and training all Commission lawyers on disability law after passage of the ADA, and Deryn Sumner, a practitioner before the EEOC, Disability Deskbook is a comprehensive research tool for disability related EEOC and court decisions, statutes, and regulations. Arranged by subject matter areas of disability jurisprudence, this deskbook is a practical and accessible resource for anyone dealing with federal disability discrimination law.
Representatives, HR specialists, and adjudicators rely on the Disability Deskbook for its thorough reporting of cases on topics including:
- Who Is Covered by the ADA—including definitions of a disability, major life activities, and "qualified individual with a disability"
- Specific Impairments—including the impact of the ADAAA on mitigating measures and analysis of 60 specific impairments considered in EEOC decisions, e.g., allergies, HIV, pregnancy, and psychotic impairments
- Major Life Activities
- Record of Having Such an Impairment
- Regarded as Having a Disability
- "Qualified Individual With a Disability"—including determining the essential functions of the job
- Reasonable Accommodation—including requests, job modification, entitlement, reassignment, the interactive process, misconduct, and discussion of 19 types of reasonable accommodations
- Undue Hardship
- Direct Threat Defense
- Disability-Related Inquiries—including those made before and after an offer of employment is made and at the beginning of employment
- Good Faith as a Defense to Compensatory Damages Awards
- Other Theories of Disability Discrimination
New in 2021
Expanded discussion on:
- requests for telework, including how COVID-19 has changed the landscape of the feasibility of such requests,
- the EEOC’s technical guidance addressing the temporary removal of essential functions due to COVID-19 and the impact on future requests for accommodation
- service animals in the workplace as a reasonable accommodation,
- lawful versus unlawful fitness for duty examinations.
Also included are a detailed table of contents, case table, index, and a downloadable Research Supplement. Available as a softcover book and/or a PDF file with many useful features delivered on a CD-ROM, USB Flash Drive, or download. Hyperlinks allow the reader to move quickly between the Table of Contents and Index and the corresponding portions of the text. Internal hyperlinks serve as a cross-reference feature within the text.