Hostile Work Environment Under the Americans with Disabilities Act

Before an employee can file a claim for a hostile work environment under the ADA, the Federal Courts have stated that the Plaintiff must prove the following:

1) That the employee is a qualified individual with a disability;

2) That he was subjected to unwelcome harassment;

3) That the harassment was based on disability;

4) That the harassment was sufficiently severe or pervasive to alter a term,
condition or privilege of employment

5) That some factual basis exists to impute liability for the harassment to the employer