Ann Feaman JD State ADA Coordinator Minnesota Management amp Budget Ken Rodgers ADA Coordinator Minnesota Department of Transportation Revenue October 2013 1 Learning Objectives Become familiar with the civil rights laws pertaining to individuals with disabilities and employment ID: 907944
Download Presentation The PPT/PDF document "Overview of the Americans with Disabili..." is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
Overview of the Americans with Disabilities Act (“ADA”)
Ann Feaman, J.D.State ADA CoordinatorMinnesota Management & BudgetKen RodgersADA CoordinatorMinnesota Department of Transportation
Revenue - October 2013
1
Slide2Learning Objectives
Become familiar with the civil rights laws pertaining to individuals with disabilities and employmentUnderstand your obligations and responsibilities under the ADAUnderstand what constitutes discrimination under the ADALearn to recognize reasonable accommodations and how to engage in the interactive processThrough case study, apply principles learned in this class to effectively accommodate applicants and employees with disabilities
Revenue - October 2013
2
Slide3Laws Covering Individuals with Disabilities in Employment
Federal LawThe Rehabilitation Act of 1973 – Federal ContractorsThe Americans with Disabilities Act (“ADA”) (1990)ADA Amendments Act (2008)Federal GuidanceEEOC Guidance – Employers, Public & Private
DOJ/OFCCP Regulations - Federal contractors
State Law
Minnesota Human Rights Act - Employers
Executive Order 96-09 – State Agencies
3
Revenue - October 2013
Slide4ADA
The ADA prohibits discrimination against individuals with disabilities through the following five titles of the ActTitle I – Employment; covers all employers with at least 15 employeesTitle II – State & Local Government; covers all programs, services and public activitiesTitle III – Public Accommodations; Restaurants, stores, and places of public businessTitle IV – Telecommunications; Every state must have a message relay service – 711Title V – Miscellaneous Provisions
4Revenue - October 2013
Slide5ADA: Title I
No employer shall discriminate against any qualified individual with a disability in regard to any aspect of employmentAspects of employment include: Recruitment, Application Process, HiringLeaves, LayoffsTraining, job assignments, PromotionsBenefits, Employer-sponsored events Discharges5Revenue - October 2013
Slide6Who is a “Qualified Individual?”
Who satisfies the requisite education, skill, experience, and other related requirements of the job held or desired; andWho, with or without reasonable accommodation, can perform the essential functions of the job.6Revenue - October 2013
Slide7What are Essential Functions of a position?
Fundamental Responsibilities determined by the employerNot marginal tasksConsiderations:Employer’s judgmentThe written description prepared before advertising or interviewingThe performance of the function is the reason the job existsThe consequences of the function not being
performed
The
amount of time spent performing the
function
A
limited number of employees among whom the performance of the function can be
distributed
The function is highly specialized such that the incumbent is hired for that expertise
The terms of a union contract
7
Revenue - October 2013
Slide8What is a Disability?
An individual with a “disability” is someone who:Has a physical or mental impairment that substantially limits one or more major life activitiesHas a record of such an impairment
Is regarded as having such an impairment
*
ADA also covers “associational disabilities” – those individuals who are associated with someone who has a disability
8
Revenue - October 2013
Slide9What is a Physical or Mental Impairment?
Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems; orAny mental or psychological disorder, such as intellectual disability (formerly termed mental retardation), organic brain syndrome, emotional or mental illness, and specific learning disabilities.9Revenue - October 2013
Slide10What are Major Life Activities?
Basic actions that the average person in the general population can perform with little or no difficulty Examples of Activities:Activities: - Breathing - Sleeping- Ingesting - Caring for oneself - Sensing - Learning - Thinking - Concentrating - Reading - Communicating
- Speaking - Writing- Interacting with others
-
Sitting
-
Reaching - Manipulating
- Standing - Walking
- Bending - Lifting
- Working
10
Revenue - October 2013
Slide11What else are Major Life Activities?
Major Bodily Functions, including:- Respiratory - Cardiovascular- Circulatory - Neurological- Brain - Special sense organs- Immune - Lymphatic- Endocrine - Hemic- Musculoskeletal - Normal cell growth-
Genitourinary - Digestive- Bowel - Bladder
- Reproductive
11
Revenue - October 2013
Slide12What is “Substantially Limited” in a Major Life Activity?
Unable to perform a major life activity; orSignificantly restricted in the condition, manner, or duration of performing the activity compared to most people in the general populationOther considerations:An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active12
Revenue - October 2013
Slide13Examples of Episodic Impairments or Impairments in Remission
SchizophreniaDepressionDiabetesEpilepsyMultiple SclerosisHIV/AIDSCancer13Revenue - October 2013
Slide14Additional Factors in Determining Whether an Individual is Substantially Limited
The determination of whether an impairment substantially limits a major life activity excludes the ameliorative effects of mitigating measures, except for corrective lenses.Mitigating Measures include:Medications and Medical Supplies or EquipmentLow Vision Aids
Hearing Aids and implantable hearing devices
Prosthetics
Mobility Devices
Alternate devices, adaptive equipment, or assistive technology
Auxiliary Aids and Services
Learned Behavioral or Adaptive Neurological Modifications
14
Revenue - October 2013
Slide15Disability Related Questions & Medical Examinations
Pre-OfferInquiries into a person’s disability prohibited at the pre-employment stage, which includes:Application formInterview
Physical Exam/Health History
Third Party Sources, e.g. previous employer, background checks
Exceptions
Bona Fide Occupational Qualification (“BFOQ”)
Affirmative Action Tracking & Selection (must be maintained separate from application)
Complying with other state and federal laws
Revenue - October 2013
15
Slide16Disability Related Questions & Medical Examinations
Hiring Process and InterviewsMay inform an individual of the requirements of the hiring process (e.g., interviews, written timed exams, or job demonstrations) and may ask if the individual will need an accommodation May ask if the individual can perform all of the essential functions with or without reasonable accommodation May ask the individual to demonstrate or explain how they would perform the essential functions as long as all applicants are askedException: If a person has a known disability, may ask how the individual will perform an essential function
Revenue - October 2013
16
Slide17Disability-Related Questions and Medical Examinations
Prohibited Questions:Questions about an individual’s impairmentQuestions about an individual’s use of medicationQuestions about workers’ compensation historyQuestions about mental health treatment17Revenue - October 2013
Slide18Discrimination under the ADA
Discrimination includes:Disparate TreatmentDisparate ImpactHarassment/Hostile Work EnvironmentRetaliationFailure to provide reasonable accommodationsRevenue - October 201318
Slide19Reasonable Accommodations
An employer must provide a reasonable accommodation to individuals with disabilities in the workplace unless it would pose an undue hardship A reasonable accommodation is any change or modification in the workplace or in the way work is done that provides equal opportunities for employees with disabilities. 19Revenue - October 2013
Slide20Examples of Reasonable Accommodations
Provision of alternative parking arrangementsAlteration of available facilities to be physically accessible and usableAdjustment of the job application processProvision of an alternative format of work materialAcquisition of alternate devices, adaptive equipment, or assistive technologyProvision of qualified reader, writer, sign language interpreter, or other
assistant
Adjustment
to testing or
training
Modification
to policy, procedure, rule, or
practice
Restructuring of the jobPermission
for part-time or modified work schedule
Provision
of an alternative work
area
Permission
for an extended medical
leave
Reassignment
to a vacant job
.
20
Revenue - October 2013
Slide21Important Things to know about Reasonable Accommodations
Can be asked for at any time during the application process or the period of employmentBegins with notice to the employer; no “magic words”Requires employer to engage in the interactive processRefer employee to the reasonable accommodation policy and procedure and ADA Coordinator.
21
Revenue - October 2013
Slide22Interactive Process
When an employee has disclosed, what can you ask? Functional limitations in the job Possible accommodationsInvolve the ADA CoordinatorDo not: Make an inquiry about the diagnosis, prognosis, symptoms or manifestation of the medical conditionMake allusions to the situation Make judgment about the consequent changed capabilities22Revenue - October 2013
Slide23When May a Reasonable Accommodation be Denied?
An employer does not have to provide a reasonable accommodation where they can show an undue hardship. Is unduly costly or administratively burdensomeInterferes with others’ rights or safetyFundamentally changes the way we conduct business23
Revenue - October 2013
Slide24Implementing an Accommodation
Follow policy in Agency AA PlanUsually written request submitted (Notice does not have to be written) – should go to ADA CoordinatorMedical documentation is needed only for disabilities that are not obviousMedical documentation is confidential and maintained by the ADA Coordinator in a separate file24Revenue - October 2013
Slide25Implementing an Accommodation (cont.)
Discuss accommodations with the appropriate persons designated in the policy Implement accommodation with an employee and employer agreementAccommodation agreement follows the individual in the supervisory fileFollow-up; check in with the individual to ensure accommodation is effective25Revenue - October 2013
Slide26Intersection with Other Laws
FMLAWorker’s Compensation26Revenue - October 2013
Slide27Case Study
Read through the case studies and answer the questionsRevenue - October 201327
Slide28Resources
Agency ADA Coordinator Your ADA Coordinator is identified in your AA PlanState ADA Coordinator: Ann Feaman ann.feaman@state.mn.us 651-259-3643Technical Guidance EEOC: http://eeoc.gov/
Job Accommodation Network:
http://askjan.org
28
Revenue - October 2013