Module 2

Module 2Legal 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

• 9

• 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?

The Americans with Disabilities Act (ADA) mandates the hiring of

individuals with disabilities.

QUESTION #1

FALSE

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.

ANSWER #1

TRUE OR FALSE?

Businesses with 15 or more employees are covered by

Title I (the employment provision) of the ADA.

QUESTION #2

TRUE

Businesses with 15 or more employees are covered by

Title I (the employment provision) of the ADA.

ANSWER #2

Sixty-five percent (65%) of working age individuals

with disabilities are unemployed.

TRUE OR FALSE? QUESTION #3

Among working-age individuals with disabilities, only 35% work full or part-time.

(2004 National Organization on Disability / Harris Survey)

TRUEANSWER #3

There is a toll-free number that I can call to discuss the

ADA and get confidential technical assistance to help

my business.

TRUE OR FALSE? QUESTION #4

TRUE

The ADA & IT Information Centers (also known as DBTACs) have a toll-free number and provide free

technical assistance!

800-949-4232 Voice / TTY

ANSWER #4

Governments must make all of their

facilities fully ADA accessible.

TRUE OR FALSE? QUESTION #5

FALSE

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.

ANSWER #5

Two out of three unemployed people with

disabilities would prefer to be working.

TRUE OR FALSE? QUESTION #6

Two out of three unemployed people with disabilities would prefer to be working.

(2000 National Organization on Disability / Harris Survey)

ANSWER #6

TRUE

Employees with disabilities are unable to meet

performance standards.

TRUE OR FALSE?QUESTION #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.

ANSWER #7FALSE

Employees with disabilities are more likely to have

accidents on the job than employees without

disabilities.

TRUE OR FALSE?QUESTION #8

In the 1990 DuPont study, the safety records of employees with and without disabilities

were identical.

ANSWER #8FALSE

Companies report that employees with disabilities have better retention rates, reducing the high cost of

turnover.

TRUE OR FALSE?QUESTION #9

Companies report that employees with disabilities have better retention rates, reducing the high cost of

turnover.

(Unger, 2002)

ANSWER #9

TRUE

There is a forty percent (40%) chance of acquiring a disability if you live to the

age of 80.

TRUE OR FALSE?QUESTION #10

There is a 73.6% chance of acquiring a disability if you live to age 80.

(U.S. Census Bureau, 1997)

ANSWER #10FALSE

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

An individual with a disability is one who has a physical or mental

impairment that substantially limits a major life activity.

Continued

Major Life ActivitiesThese are basic activities that the average person in the

general population can perform with little or no difficulty.

• Caring for Oneself• Performing Manual Tasks • Walking• Seeing• Hearing• Speaking

• 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

• 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 are Dependent Upon:

Reasonable Accommodationscan 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 AccommodationsAverage 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