Transcript Qualified Person with a Disability

Module 2
Legal Implications:
An Overview of the Americans
with Disabilities Act (ADA)
Module Goals
• To understand the history of the
Americans with Disabilities Act (ADA)
and related legislation
• To increase comprehension of the
Americans with Disabilities Act and its
employment provisions
Laws created in order to
“level the playing field”
• Architectural Barriers Act of 1968
• Rehabilitation Act of 1973
• Individuals with Disabilities Education Act
(IDEA) formerly Education for All Handicapped
Children’s Act of 1975
• Fair Housing Act, as amended in 1988
• The Americans with Disabilities Act of 1990
TRUE OR FALSE?
QUESTION #1
The Americans with Disabilities
Act (ADA) mandates the hiring
of individuals with disabilities.
FALSE
ANSWER #1
The ADA says you should hire the most
qualified applicant. It does not mandate
that you hire individuals with disabilities; it
just ensures equal access to the
employment process.
TRUE OR FALSE?
QUESTION #2
Businesses with 15 or more
employees are covered by Title I
(the employment provision) of
the ADA.
TRUE
ANSWER #2
Businesses with 15 or more
employees are covered by Title I
(the employment provision) of the
ADA.
TRUE OR FALSE?
QUESTION #3
Sixty-five percent (65%) of
working age individuals
with disabilities are
unemployed.
TRUE
ANSWER #3
• Among working-age individuals
with disabilities, only 35% work
full or part-time.
(2004 National Organization
on Disability / Harris
Survey)
TRUE OR FALSE?
QUESTION #4
There is a toll-free number that I
can call to discuss the ADA and
get confidential technical
assistance to help my business.
TRUE
ANSWER #4
The ADA & IT Information Centers
(also known as DBTACs) have a
toll-free number and provide free
technical assistance!
800-949-4232 Voice / TTY
TRUE OR FALSE?
QUESTION #5
Governments must make
all of their facilities fully
ADA accessible.
FALSE
ANSWER #5
Governments need to provide full
program access. Their programs and
services must be accessible when
examined as a whole. This does not
mean that each building must be fully
accessible.
TRUE OR FALSE?
QUESTION #6
Two out of three unemployed
people with disabilities would
prefer to be working.
TRUE
ANSWER #6
Two out of three unemployed
people with disabilities would
prefer to be working.
(2000 National Organization on
Disability / Harris Survey)
TRUE OR FALSE?
QUESTION #7
Employees with disabilities
are unable to meet
performance standards.
FALSE
ANSWER #7
According to a 1990 DuPont survey, 90% of
employees with disabilities rated average or
better in job performance compared to 95%
for employees without disabilities.
A similar 1981 DuPont study found that 92% of
employees with disabilities rated average or
better in job performance compared to 90%
of employees without disabilities.
TRUE OR FALSE?
QUESTION #8
Employees with disabilities are
more likely to have accidents on
the job than employees without
disabilities.
FALSE
ANSWER #8
In the 1990 DuPont study, the safety
records of employees with and
without disabilities were identical.
TRUE OR FALSE?
QUESTION #9
Companies report that
employees with disabilities
have better retention rates,
reducing the high cost of
turnover.
TRUE
ANSWER #9
Companies report that employees
with disabilities have better
retention rates, reducing the high
cost of turnover.
(Unger, 2002)
TRUE OR FALSE?
QUESTION #10
There is a forty percent
(40%) chance of acquiring a
disability if you live to the
age of 80.
FALSE
ANSWER #10
There is a 73.6% chance of
acquiring a disability if you live
to age 80.
(U.S. Census
Bureau, 1997)
The Americans with
Disabilities Act (ADA)
• Title I: Employment
• Title II: Public Services
• Title III: Public Accommodations
• Title IV: Telecommunications
• Title V: Miscellaneous
Understanding RELAY
Definition of Disability
An individual with a disability is one who:
 has
 has a record of, or
 is regarded as having
a physical or mental impairment that
substantially limits a major life activity.
Definition of Disability
Continued
An individual with a disability is one
who has a physical or mental
impairment that substantially limits
a major life activity.
Major Life Activities
These are basic activities that the average person in the general
population can perform with little or no difficulty.
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Caring for Oneself
Performing Manual Tasks
Walking
Seeing
Hearing
Speaking
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Breathing
Concentrating
Learning
Working
Sitting
Standing
Lifting
Qualified Individual with a Disability
A qualified individual with a disability means
one who satisfies the requisite skill,
experience, education, and other job-related
requirements of the position such individual
holds or desires, and who:
• with or without reasonable accommodation
can perform
• the essential functions of such a position
A Reasonable Accommodation is:
• Any change in the work environment
or way things are done that enables a
person with a disability to enjoy equal
employment opportunity
• Must be provided to qualified
individuals unless it poses an undue
hardship
Reasonable Accommodation Means:
• Modification to the job application process
• Modification to the work environment or the
manner under which the position held is
customarily performed
• Modification that enables an employee with
a disability to enjoy equal benefits and
privileges of employment
Reasonable Accommodations are
Dependent Upon:
• The specific requirements of the job
• The particular needs of the employee or
applicant
• The extent to which modifications or aids
are available without causing undue
hardship
Reasonable Accommodations
can Include
• Flexible work schedules
• Providing qualified readers or interpreters
• Adjustment or modifications of examinations,
training materials, or policies
• Rearranging workspace to accommodate
necessary equipment
• Reassignment to vacant positions
Reasonable Accommodations
Average Cost of Job Accommodations:
– 20% of all accommodations suggested had no cost
– 51% cost between $1 and $500
– 11% cost between $501 and $1,000
– 3% cost between $1,001 and $1,500
– 3% cost between $1,501 and $2,000
– 8% cost between $2,001 and $5,000
– 4% cost more than $5,000
Source: Job Accommodation Network Survey
Determining Reasonable
Accommodation:
 Review the particular job and determine its purpose and
the essential functions
 Consult with the individual with a disability to determine
his or her need for accommodation
 Identify potential accommodations in consultation with the
individual
 Should alternatives be discovered in the accommodation
process, consider the preference of the individual and
select the method that best serves both the individual and
the employer
Disability Related Inquiries
Interviewer May Ask Questions About:
• An applicant’s ability to perform job-related duties
• An applicant’s previous job experience
• Skills required to perform the job
• Educational background
Disability Related Inquiries
Interviewer May Not Ask About:
• The nature or extent of the applicant’s disability
• If the applicant or anyone in his/her family has a disability
• The applicant’s health
• If the applicant has a history of emotional illness
• If the applicant has ever had an injury or disease
• If the applicant has ever seen a psychiatrist
• If the applicant has ever had a drug or drinking problem
Disclosure
Under the ADA, an employer must
provide reasonable
accommodations to the known
physical or mental limitations of a
qualified applicant or employee
with a disability.
Disclosure:
Reasonable Documentation
• Documentation from an appropriate
professional concerning the individual’s
disability and functional limitations
• To verify the existence of a disability and
the need for an accommodation
Disclosure: Confidentiality
• An employer must keep all information
concerning the medical condition or history
of its applicants or employees confidential
and separate from personnel files
• This includes medical information that an
individual voluntarily tells his/her employer
Title I Enforcement
• File a complaint
• EEOC
• State FEPA
• File a lawsuit
• Alternative Dispute Resolution