The Note proceeds as follows. Part I provides a primer on the sorts of disability discrimination the ADA prohibits, with a special focus on the three types of claims one may bring under the act: disparate treatment, disparate impact, and failure to accommodate. Part II explores the current state of the misconduct issue in the disability discrimination context and demonstrates the circuit split by way of case analyses. Part III presents the principal argument of this Note, that uncontroversial canons of statutory interpretation demonstrate the erroneousness of the majority view, that the majority view hinders the ADA’s objective of equal opportunity for individuals with disabilities, and that the minority view should be adopted under a failure to accommodate theory of discrimination liability.
Michael S. Verdichizzi,
Understanding Terminations for “Disability-Caused Misconduct” as Failures to Provide Reasonable Accommodation,
Notre Dame L. Rev.
Available at: https://scholarship.law.nd.edu/ndlr/vol97/iss4/11