Transcript Human Development Institute Promoting Independence

PEOPLE WITH DISABILITIES
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Tom Cruise
- Dyslexia
Heather Whitestone
- Hearing Impairment
Alexander Graham Bell - Hearing Impairment
Winston Churchill
- Learning Disabilities
Agatha Christie
- Learning Disability
Thomas Edison
- Hearing / Learning Disabilities
Albert Einstein
- Learning Disability
Ernest Hemingway
- Learning Disability
Magic Johnson
- HIV Positive
Ronald Reagan
- Alzheimer's
Mary Tyler Moore
- Diabetes
Stephen Hawking
- ALS
Franklin D. Roosevelt
- Polio
Kentucky State ADA Coordinator
Norb Ryan, Coordinator
Jennifer Hicks, Assist. Coordinator
Capital Plaza Tower
1-877-423-2933
2nd Floor
1-502-564-3850
500 Mero Street
Fax 502-564-2316
Frankfort, Kentucky 40601
[email protected]
[email protected]
World Wide Web http://ada.ky.gov
Disability Statistics
 57 Million People With Disabilities
In The United States
(2010)
 26 Million Of These People Have
Severe Disabilities (2000)
 4.6 Million > Under The Age Of
18
(2000)
Intellectual Disabled
 No More Mentally Retarded
Americans With Disabilities Act
1990
Titles
I. Employment
II. Public Service
III. Public Accommodations
IV. Telecommunications
V. Miscellaneous Provisions
Americans with Disabilities Act
ADA Applies To:
 State and Local Governments
 Private Sector
 Employers & Employment Agencies
 Labor Organizations
 Public Schools & Universities
 Transportation
 Telecommunications
 etc.
Americans with Disabilities Act
ADA Does Not Apply To:
 Employers with Fewer than 15
Employees
 Executive Branch, Federal Government
 Private Membership Clubs
Americans with Disabilities
Amendments Act 2009
PURPOSE
 “To Reinstate A Broad Scope Of
Protection “ By Expanding The
Term “Disability”.
 The Original Definition Has
Previously Been Inappropriately
Narrowed.
Individuals With Disabilities
 (1) An Individual with a Physical
or Mental Impairment that
Substantially Limits One or More
of the Major Life Activities of Such
Individual
Individuals With Disabilities
 (2) An Individual with a Record of
Such a Physical or Mental
Impairment
Individuals With Disabilities
 An Individual Generally Meets This
Criteria When, In The Past, Although
Not Currently, Had An Impairment
That Substantially Limited A Major
Life Activity; Or
Misclassified As Having A
Substantially Limited Impairment.
Individuals With Disabilities
 (3) Regarded As Having A Physical Or
Mental Impairment
When An Employer Or Public Entity
Takes An Action Prohibited By The
ADA Based On An Actual Or Perceived
Impairment
Major Life Activities
 Basic Activity That Most People
In The General Population Can
Perform With Little Or No
Difficulty
Major Life Activities
 Include But Are Not Limited To,
 Caring for Oneself
 Performing Manual Tasks
Walking
Breathing
Seeing
Hearing
Speaking Learning
Working
Major Life Activities
 Include But Are Not Limited To,
Eating
Sleeping
Standing
Lifting
Bending
Reading
Concentrating
Thinking
Communicating
Inter-Acting With Others
Major Life Activities
 Major Bodily Functions,
 Immune System
 Digestive
Normal Cell Growth
Bowel
Bladder
 Neurological
Brain
 Respiratory
Circulatory
 Endocrine
Reproductive
Functions
Major Life Activities
Major Bodily Functions,
Added By EEOC
 Genitourinary
(Genital & Urinary Tract)
 Musculoskeletal
(Involving Both
Musculature & Skeletal)
 Cardiovascular
(Heart)
 Lymphatic
(Immune System)
 Hemic
(Produced By The Blood
Or Circulation Of The
Blood)
Mitigating Measures
 Eliminate Or Reduce The Symptoms
Or Impact Of An Impairment.
 Mitigating Measures Should Be
Ignored In Determining If An
Impairment Substantially Limited
In Performing A Major Life Activity
Without The Mitigating Measure.
 Exception: Eyeglasses Or Contact
Lenses Are Not Included
Mitigating Measures
 ADA Amendment Act Allows
Consideration Of The Negative
Effects From The Use Of A
Mitigating Measure In
Determining If A Disability Exists
 Example: Medication Side Effects
Episodic Or In Remission
 An Impairment Is Episodic Or In
Remission When It Meets The
Definition Of Disability If It
Would Substantially Limit A Major
Life Activity When Active
Episodic Or In Remission
 Examples:
Epilepsy
Hypertension
Asthma
Multiple Sclerosis
Diabetes
Depression
Schizophrenia
Major
Bipolar
Qualified Individual
With A Disability
1) Satisfy the Required Skills,
Experience, and Education Required
for the Position
2) Perform the Essential Job Functions
With or Without Reasonable
Accommodations
Essential Job Functions
 Tasks That Are Fundamental
and Necessary for the Position
 Does Not Include Incidental
Duties
Essential Job Functions
 What the Employer Believes to be
Essential Job Function(s)
 Amount of Time Spent on a Specific
Task or Duty
 Duties Performed by Past and
Current Workers in the Position
Essential Job Functions
 Position Exist To Perform Function
 Limited No. of Employees Among
Whom That Particular Job Can Be
Distributed
 Employee Has The Expertise or
Ability To Perform A Particular
Function
Employers are Responsible for
Accommodations When the
Employee Declares a Disability
Documentation

Current (Within Past Three Years)

Qualified Professional

Should Include:
Description Of The
Disability(s)
Impact On
Life Activities
Current Treatments & Accommodations
Recommendations Of Proposed
Work Related Accommodations
Reasonable Accommodations
 Provide or Modify Equipment
 Make Facilities Accessible >
Remove Barriers
 Provide Readers or Interpreters
Accommodations
Policies
Phone Adaptations
Seating
Oral Instructions
Tapes of Meetings
Accessible Space
Extra Time for Tests
Light Switches
Tests on Tape
Calculators
Large Print Material
Interpreters
Blocks Under Desk
Note Takers
Technical Assistance
Flexible Schedule
Reasonable Accommodations
Process
 Request For Accommodation(s)
 Documentation
 Interactive Process
 Accommodate In Current Position
 Reassign
 Monitor
Reasonable Accommodations
 The Employer Is Not Required To
Provide Accommodation Requested
By Employee
 The Employer Can Choose Another
Accommodation
> It MUST Be Effective
Undue Hardship
 Size of Business
 Financial Resources
 Cost of Accommodation
 Alteration or Change in the
Delivery of Service
 Disruption of Other Workers
Medical
 An Employer Cannot Require a
Medical Examination Prior to a
Job Offer
 A Drug Test Can Be Required Prior
To a Job Offer
 Health Insurance
Title II - Public Services
 State or Local Governments
Departments, Agencies of Activities,
Services And Programs, Facilities
 Ex:
- Public Schools & Universities
- Government Meetings
- Recreation and State Parks
-Public Transportation
Title III
Public Accommodations
No Individual Shall Be
Discriminated Against On The
Basis of Disability In The Full and
Equal Enjoyment of Public
Accommodations.
Title III
Public Accommodations
Examples:
- Public Gathering Places
- Places of Lodging
- Stores
- Social Service Centers
Title IV
Telecommunications
 Telecommunication Relay Services
Voice & TDD
711
 Closed Captioning
(Public Service Announcements
Training Videos)
Title V
Miscellaneous Provisions
 State Immunity
 Retaliation
 Attorney’s Fees
 Coverage of Congress
 Other Federal & State Laws
ADA Enforcement

Title I - Equal Employment Opportunity Com.
1-800-669-4000 1-800-669-6820 (TDD)
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Title II & III - Department of Justice
1-800-514-0301
1-800-514-0383 (TDD)
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Title IV – Federal Communications Com.
1-888-835-5322 (TTY)
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Office of Civil Rights, Dept of Education
1-800-421-3481
Service Animal
Dog
Miniature Horse
Can’t Be Disruptive
Must Be:
On A leash
Clean
Mobility Devices
Wheelchairs – Open To The Public
Other Power Driven Mobility Devices
Segways & Scooters are Permitted
Unless They Pose A Direct Threat,
Safety Hazard or Alters Service,
Program or Activities
Kentucky State ADA Coordinator
Norb Ryan, Coordinator
Jennifer Hicks, Assist. Coordinator
Capital Plaza Tower
1-877-423-2933
2nd Floor
1-502-564-3850
500 Mero Street
Fax 502-564-2316
Frankfort, Kentucky 40601
[email protected]
[email protected]
World Wide Web http://ada.ky.gov