The Oklahoma Bar Journal August 2025

DIFFERENCES BETWEEN THE ADA’S DISPARATE TREATMENT PROHIBITION AND ACCOMMODATION MANDATE There are several differences between the ADA’s disparate treat ment prohibition and accommoda tion mandate. Different Definitions of ‘Discriminate ... on the Basis of Disability’ Under the ADA’s disparate treatment prohibition, the employer “discriminate[s] against a quali fied individual with a disability” when it takes an action affecting the employee’s terms, conditions and privileges of employment and does so on the basis of the employee’s disability. 4 An employer does not violate the ADA’s disparate treatment prohibition by failing to take some action affecting the terms, conditions or privileges of an individual’s employment or by

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

AUGUST 2025 | 49

THE OKLAHOMA BAR JOURNAL