Transcript Americans with Disabilities Act

Americans with Disabilities Act
Your Rights as an Individual
with a Disability
Robin A. Jones, Director
DBTAC-Great Lakes ADA Center
Department on Disability and Human Development
University of Illinois at Chicago
Overview of the ADA
Title I – Employment
Private employers 15 or more
Government employers 1 or more
Title II – State and Local Governments
Public schools
Public Transportation
Title III – Places of Public Accommodation
Private schools
Title IV – Telecommunication
Title V - Miscellaneous
General Provisions
Integration versus Segregation
Equal Opportunity to Participate
(eligibility criteria)
Modification of Policy and Procedure
to ensure fair/equal treatment
Accessibility of Physical Environment
Auxiliary Aids and Services (Braille,
Interpreters, Readers, etc.)
Who is Covered?
Anyone with a physical or mental
impairment that substantially limits one or
more major life activities
Anyone with a record of such an
impairment
Anyone who is regarded as having such an
impairment
Individuals associated with persons with
disabilities (i.e. spouse, child, etc.)
Qualified Individual with a
Disability
Individual with a disability who has
the prerequisite skills and experience
for the position they desire to hold or
currently hold and are able to
perform the essential functions of
the position with or without
reasonable accommodation
Disclosure of Disability
No disclosure of a disability is
required unless a request for a
reasonable accommodation is made
Responsibility on the individual with a
disability to disclose the need for an
accommodation
Employer not required to second guess
the need for an accommodation
Not a defense….
My disability made me do it!
Disclosure of the need for an
accommodation should occur when you
believe that your performance is impacted
by your disability and an accommodation
would enable you to do your job
No need to tell employer anything unless you
need an accommodation
Confidentiality
Information regarding presence of
disability and documentation should
be limited to “need to know” basis
Faculty or supervisors do not need to
know the specifics of the condition
unless there is potential “direct
threat” present
What is Covered?
Recruitment
Application Process
Interview
Examinations for employment
(medical/agility/personality, etc.)
Pay
Training
Benefits of Employment
Promotion
Layoff/firing
What can they ask me?
Job Applications
No medical questions allowed
How many “sick days” did you take in your last
job?
Have you ever been treated for a mental
illness?
Do you have a disability? Do you take any
medications?
Do you need a reasonable accommodation?
Have you ever filed for or received Worker’s
Compensation?
Job Interviews
No Medical Questions allowed
Similar to what is prohibited on the job
application
May do drug testing for “Illegal Drugs”
May ask questions directly related to
“doing the job” or how the job might be
done
May do testing during this process
Personality profile
Reading/Typing/Math, etc.
Conditional Offer of
Employment
May do medical testing
Must be same as all applicants in same
position
No limit to what they can do
May require medical profile
Questions regarding history, use of
medications, etc. all permitted during
this stage
Withdrawal of the job offer at this
stage must be based on “direct
threat” or the inability to provide a
reasonable accommodation
Direct Threat must be “real” and not
speculative
Employer has the burden to prove that
the individual is a direct threat which is
very high threshold.
Once on the Job…..
No medical inquiry unless consistent with
business necessity
Maintain certain licenses, certification, etc.
Return to work following injury/illness (Fitness
for duty)
Following an accident or other incident where
policy requires medical inquiry (presence of
alcohol, drugs, etc.)
Participation in wellness or other health
promotion activities sponsored by employer
must be voluntary
REASONABLE
ACCOMMODATION
Modification or adjustment to a
job, the work environment, or
the way things usually are done.
A Reasonable Accommodation Is:
A modification or adjustment to allow
for equal access to the job application
and interview process;
A modification or adjustment to the
work environment or the way things are
customarily done;
A modification or adjustment that
enables employee to enjoy equal benefits
and privileges of employment.
What might be reasonable?
Modified Work Schedule
½ time versus full time
Extended breaks
More frequent breaks
Modification of Policy and Procedure
Allow to use accrued time to manage
disability related issues
Sick versus vacation time, comp.time, etc.
Leave for medical treatment
Modify when tasks are completed
AM versus PM
Provide written versus verbal instructions
Provide more frequent feedback regarding
performance
Altered physical environment
Quiet work area to reduce distractions
Parking space near entrances
Anxiety, etc.
Area to lay down or rest during the work
day due to drowsiness caused by
medications, etc.
Area to store medications and/or
administer medications
Use of Equipment
Tape recorder
Headphones to play “white noise” or to
reduce influence of external noise
Reasonable Accommodation Does
Not Include:
Elimination of an essential function
Lowering production standards
Provision of personal use items
Provision of “light duty” position
Resources for More
Information
Great Lakes ADA Center
800-949-4232
http://www.adagreatlakes.org
Equal Employment Opportunity Comm.
800-669-4000
http://www.eeoc.gov
More Resources
Job Accommodation Network
(JAN):
800-526-7234
http://www.jan.wvu.edu
Office of Disability and Employment
Policy (ODEP):
202-376-6200
www.dol.gov/dol/odep/