AUGUST 2025 | 49 THE OKLAHOMA BAR JOURNAL 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. DIFFERENCES BETWEEN THE ADA’S DISPARATE TREATMENT PROHIBITION AND ACCOMMODATION MANDATE There are several differences between the ADA’s disparate treatment prohibition and accommodation mandate. Different Definitions of ‘Discriminate ... on the Basis of Disability’ Under the ADA’s disparate treatment prohibition, the employer “discriminate[s] against a qualified 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
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