Americans with Disabilities Act (ADA) Case Study: STRICT ATTENDANCE POLICY FOR SCHOOL CHOIR PROMPTS ADA CLAIM
Issue: Local Laws, Ordinances, and Regulations Common Problem: City governments may fail to consider reasonable modifications in local laws, ordinances, and regulations that would avoid discrimination against individuals with disabilities.
Requirement: Governments are required to make reasonable modifications to policies, practices, or procedures to prevent discrimination on the basis of disability. Reasonable modifications can include modifications to local laws, ordinances, and regulations that adversely impact people with disabilities. 28 C.F.R. § 35.130(b)(7).
OBJECTIVES:
After reading the required materials and answering the review questions, the student should be able to:
• Define the term "disability" within the context of the Americans with Disabilities Act (ADA).
• Explain how the definition of the term "disability" within the context of the Americans with Disabilities Act (ADA) was applied in a particular set of circumstances.
• Define the term "qualified individual with a disability" within the context of the Americans with Disabilities Act (ADA).
• Explain how the definition of the term "qualified individual with a disability" within the context of the Americans with Disabilities Act (ADA) was applied in a particular set of circumstances.
• Define the term "neutral rule" within the context of the Americans with Disabilities Act (ADA) and the circumstances when the application of such rules and policies might constitute discrimination under the ADA
• Explain how the post hoc application of a neutral rule violated the ADA in a particular set of circumstances.
• Describe how a public agency should apply its neutral rules and policies governing participation in public programs for those individuals who have a physical or mental condition which might qualify as a "disability" under the Americans with Disabilities Act (ADA).
REQUIRED READING
REVIEW QUESTIONS
1. As cited by the court in Baird v. Rose, how is the term "disability" defined within the context of the Americans with Disabilities Act (ADA)? Applying this definition to the facts of the case, was Baird able to demonstrate the requisite impairment under the ADA? Explain. To what extent were Baird's recurrent absences and medical problems due to her sinus infections a "disability" under the ADA?
2. As cited by the court in Baird v. Rose, what does Title II of the ADA provide regarding discrimination against individuals with a disability? What evidence does plaintiff have to provide to establish a violation of the ADA?
3. As cited by the court in Baird v. Rose, how does the ADA define a "qualified individual with a disability"?
4. On February 13, 1997, Rose learned that Baird had been diagnosed with severe depression. The next day, when Baird returned to school, Rose announced to the entire class that Baird would not be permitted to participate in the next show choir performance, which was scheduled for February 25, 1997, explaining to Baird that this "would be best." Explain the significance of these facts in establishing a potential violation of the ADA.
5. In establishing a potential violation of the ADA, explain the significance of Rose's refusal to allow Baird an opportunity to demonstrate that she was able to perform the dance routines necessary to participate in the school choir on the basis that "individuals who suffer from depression could not be counted on to meet their responsibilities."
6. In establishing a potential violation of the ADA, explain the significance of Baird's mother telling Rose that it was important to Baird's mental health and recovery that she be allowed to continue her participation in show choir. What was the added significance, if any, of the letters to the school principal from Baird's family doctor and psychologist indicating Baird was fit to perform in show choir and that it could be detrimental to her mental health to be denied the opportunity to do so.
7. In establishing a potential violation of the ADA, explain the significance of the school principal's refusal to grant Baird's mother's request that Rose give Baird the opportunity to demonstrate her knowledge of the dance routines despite her absences and that Rose permit Baird to participate in the upcoming performance. What was the added significance, if any, of the school principal's decision to inform Rose that she must either prohibit from participation in the performance all students who had been absent in accordance with Rose's written absence policy--which previously had not been enforced--or permit all students to perform.
8. In Baird v. Rose, how did the federal appeals court respond to the Board's argument the "Baird's participation in show choir was denied on a nondiscriminatory basis--her absenteeism and her lack of knowledge of the routines--not on her disability."
9. To what extent were the facts in Baird v. Rose consistent, or inconsistent, with precedent case law which has held that "the application of a neutral rule that does not distinguish between the disabled and the non-disabled does not violate the ADA."
10. Explain.what the federal court meant when it stated Baird had allegged sufficient facts which might indicate that "the application of the neutral absenteeism policy was a pretext for discrimination and that the true reason for Baird's exclusion was her disability."
11. Explain.what the federal court meant when it stated "[t]he post hoc [i.e., after the fact] application of a neutral rule does not excuse discrimination when the neutral rule would not have been enforced but for the discrimination." How did the court apply this principle to the facts of the case?
12. In establishing a potential violation of the ADA, explain the significance of the fact that Baird's exclusion from show choir did not occur until after Rose had been informed of Baird's depression, and Baird frequently had been absent prior to Rose's notification of Baird's condition. What was the added significance, if any, of the fact that "Rose's absenteeism policy had never been enforced until after Rose made the decision to exclude Baird and was not enforced uniformly against all students who had been absent until after Principal Cohen informed Rose that she must apply the policy uniformly or not at all."
13. With the benefit of 20/20 hindsight, what should the public agency in Baird have done differently in applying its rules and policies governing participation in public programs for those individuals who have a physical or mental condition which might qualify as a "disability" under the Americans with Disabilities Act (ADA)? Explain.