arabfoki.blogg.se - Notetaker mcla

NOTETAKER MCLA FULL
NOTETAKER MCLA PROFESSIONAL

The Court will apply the modified burden-shifting analysis developed in cases under the Rehabilitation Act to the ADA. Based on the cases analyzing alleged violations of § 504, the Court concludes that the Rehabilitation Act does not require a plaintiff to prove discriminatory intent in order to make out a prima facie case of handicap discrimination. Given that statement, Congress appears to have intended the ADA to address the discriminatory effects of benign actions or inaction, as well as intentional discrimination. Congress specifically found that "individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion the discriminatory effects of. One of the stated purposes of the ADA is "to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities." 42 U.S.C.The term disability means "a physical or mental impairment that substantially limits one or more of the major life activities of such individual." It is undisputed that plaintiff's deafness is a disability under the ADA. Von Valtier's medical office is therefore a place of public accommodation for purposes of the ADA.

NOTETAKER MCLA PROFESSIONAL

A place of public accommodation is defined to include the professional office of a health care provider.

NOTETAKER MCLA FULL

No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.Ĥ2 U.S.C. The burden then shifts back to plaintiff to rebut defendant's reasons as pretext for unlawful discrimination. If plaintiff succeeds in stating a prima facie case, the burden shifts to defendant to prove either that plaintiff was not denied medical treatment, or that such denial was not unlawful.

Plaintiff must additionally show that she was denied treatment under circumstances which give rise to the inference that such denial was based solely on her handicap.

In order to set forth a prima facie case under title III of the ADA, plaintiff must prove that she has a disability, that defendant's office is a place of public accommodation, and that she was denied full and equal medical treatment because of her disability.