Legal Update on ADA Claims of Disparate Impact vs. Disparate Treatment

Wednesday, March 16, 2022
2:00 pm-3:30 pm, Eastern Time
ADA Legal Webinar Series
Hosts: ADA National Network, Great Lakes ADA Center, Southwest ADA Center

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Do you know the difference between Disparate Treatment and Disparate Impact? The law recognizes two types of illegal discrimination. Disparate treatment refers to intentional discrimination, where people in a protected class are deliberately treated differently. This is the most common type of discrimination. An example of this would be an employer giving a certain test to applicants with disabilities but not to applicants without disabilities. Disparate impact refers to discrimination that is unintentional. This can involve making a service available to everyone regardless of disability status, but individuals in a protected class, like disability, are negatively affected. For instance, a college makes available pre-recorded video study courses online, but the videos lack closed captioning making it impossible for deaf and hard of hearing individuals to access and benefit from the online study courses.

Join us as we review latest developments relating to these types of claims under the ADA. We will review the analytical standards and discuss current legal actions relating to Disparate Impact all the way to the latest Appeals Courts decisions and a filing with the U.S. Supreme Court asking the question of whether disparate impact claims exist under Section 504 of the Rehabilitation Act. We will also discuss why certain advocacy groups are sounding an alarm that our current Supreme Court could decide the fate of Disparate Impact claims under the ADA and Section 504.

Continuing Education Credits available: Certificate of Attendance; ACTCP: 1.5 Credits.

Session Questions
This session is accepting questions from registered users. After you have registered to participate in this session you can submit your questions on your Account Manager page. Please note: the number of questions will be limited and submissions will be closed well before the session starts to provide time to prepare answers.