Upload
bigdave1
View
323
Download
0
Embed Size (px)
Citation preview
New Mexico State University-Office of Institutional Equity/EEO
NMSU RESPECTSOffice of Institutional
Equity/EEOADA and ADAAAThe Americans with Disabilities Act
What You Should Know
New Mexico State University-Office of Institutional Equity/EEO
Training Etiquette:
Please make sure all cell phone ringers, radios, blackberries and iPhones are turned off when possible
Please keep side conversations to a minimum
Please raise your hand to ask questions or offer comments
New Mexico State University-Office of Institutional Equity/EEO
OIE/EEO Overview: Review and process EEO-based claims of
discrimination and harassment 1. OIE investigates claims of discrimination 2. Presents the facts in a report to the Provost (or designee) 3. The Provost (or designee) makes the determination
Serve as liaison with EEOC, NM HRB, OCR Initial point of contact for Employee ADA Petition
for Accommodation Ensure implementation of NMSU’s Affirmative
Action Plan Training
New Mexico State University-Office of Institutional Equity/EEO
OIE/EEO Staff
Gerard R. Nevarez, Executive Director [email protected]
Angela M. Velasco Associate Director [email protected]
Agustin DiazAssociate Director [email protected]
Fermin A. RubioSenior Specialist [email protected]
Christina R. GomezAdmin. Asst. [email protected]
Senaida CollinsAdmin. Asst. [email protected]
New Mexico State University-Office of Institutional Equity/EEO
OIE/EEO Contact Information: Mailing AddressNMSU-OIE/EEOP.O. Box 30001, MSC 3515Las Cruces, NM 88003
Physical Address:O’Loughlin House1130 E. University Avenue Las Cruces, NM 88003
Internal-Department
MSC 3515
Office Telephone(575) 646-3635
TDD/TTY (575) 646-7802
Office Fax(575) 646-2182
Office Email [email protected]
Websitehttp://eeo.nmsu.edu
New Mexico State University-Office of Institutional Equity/EEO
Objectives:
Gain a basic understanding of disabilities as they relate to: the workplace the academic environmentaccessibility and facilities
New Mexico State University-Office of Institutional Equity/EEO
Disability Laws:
Americans with Disabilities Act of 1990 (ADA) as amended
Americans with Disabilities Act Amendments Act of 2008
Rehabilitation Act of 1973, Section 503, 504
NM Laws
New Mexico State University-Office of Institutional Equity/EEO
ADA Background: Became law in 1990, Amendments 2008 Eliminates discrimination against individuals
with disabilities (physical or mental) Gives equal employment and educational
opportunities to qualified individuals with disabilities
Does not require employers to hire the disabled Provides for a “reasonable accommodation” for
an individual with disability Interaction with FMLA & Worker’s Comp
New Mexico State University-Office of Institutional Equity/EEO
Qualified Disabled IndividualsMeet a job’s skills, knowledge,
abilities, experience and other requirements
Perform a job’s “essential functions” with or without reasonable accommodation
New Mexico State University-Office of Institutional Equity/EEO
Disability Definitions:
A physical or mental impairment that substantially limits one or more major life activities
A record of such an impairmentBeing regarded as having such an
impairment
New Mexico State University-Office of Institutional Equity/EEO
Disability must substantially limit a major life activity: Seeing, hearing, walking, learning,
speaking, sleeping, standingPermanent or long-term loss of use
of arms or legsVisual, speech or hearing
impairment, cancer, HIV, cerebral palsy
New Mexico State University-Office of Institutional Equity/EEO
2008 Amendments (ADAAA):Major bodily functions (immune
system, digestive, bladder, respiratory)
Mitigating measures excludedEpisodic or in remission coveredBroad coverageNo extensive analysis is needed
New Mexico State University-Office of Institutional Equity/EEO
A record of a qualifying disability: An employer cannot discriminate
against someone with a qualifying disability that is currently cured, controlled or in remission
Examples: cancer, heart disease, mental illness
New Mexico State University-Office of Institutional Equity/EEO
Regarded as having a qualified disability: Impairment not substantially
limited, but treated that wayExample: Not wanting to give a person with controlled high blood pressure a physically strenuous job.
New Mexico State University-Office of Institutional Equity/EEO
Regarded as having a qualified disability: Impairment only substantially
limited due to others attitudesExample:A person is not promoted because of a prominent facial scar that makes others uncomfortable.
New Mexico State University-Office of Institutional Equity/EEO
Regarded as having a qualified disability: No impairment, but treated as if
impairedExample: A person is fired because of a false rumor that he/she is HIV
New Mexico State University-Office of Institutional Equity/EEO
Certain conditions are NOT disabilities: Sexual behaviorCompulsive gambling, kleptomania,
pyromaniaIllegal drugsSprains, coldsPersonality traits (quick temper)
New Mexico State University-Office of Institutional Equity/EEO
Using Acceptable Language:
Treat individuals with courtesy and respect
Acceptable NOT Acceptable Disabled Crippled, deformedPsychiatric disability Crazy, nuts, psycho
Has hearing disability or is deaf Deaf & dumb
Able bodied non-disabled Normal
New Mexico State University-Office of Institutional Equity/EEO
Treating Disabled Individuals Fairly & Legally: Avoid employment discriminationUse objective factual evidenceMedical information is confidentialSupervisors do not make stray
remarks
New Mexico State University-Office of Institutional Equity/EEO
Considerate Interactions: Speech Impairment:
Listen carefully and patiently; don’t interrupt Repeat and clarify Ask questions that can be answered with a nod or a
short answer
Hearing Impairment: Reduce background noise Speak slowly and clearly Use natural gestures and facial expressions Write down detailed or complex communications Learn basic sign language/hire an interpreter
New Mexico State University-Office of Institutional Equity/EEO
Considerate Interactions: Visual Impairment:
Identify yourself Address individuals by name Offer elbow ONLY if assistance is accepted Treat guide dog as assistant, not pet
Limited Mobility: Sit down when talking to a person in a wheelchair Don’t lean on the wheelchair Keep aisles clear Hold meetings in accessible areas.
New Mexico State University-Office of Institutional Equity/EEO
Service Animals: When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions:
Is the dog a service animal required because of a disability What work or task has the dog been trained to perform
Staff cannot ask: About the person’s disability Require medical documentation Require a special identification card or training
documentation for the dog The service animal demonstrate its ability to perform the
work or task.NMSU Policy 3.06 Assistive, Service and Companion Animals on University Premises
New Mexico State University-Office of Institutional Equity/EEO
Remember: Disabled individuals must meet
workplace conduct standardsDisabled students must meet the student
code of conduct standardsConfidentiality is crucialWhat information is not to be sharedSupervisors/Faculty/Staff should not
have or request medical information
New Mexico State University-Office of Institutional Equity/EEO
The Doctor is InJanet is Dan’s supervisor. Dan is struggling with an extremely difficult emotional situation at home. His wife is a severe alcoholic prone to violent outbursts, and they have two small children. He makes a habit of coming to see Janet when he is particularly distraught, and he confides many of his personal problems to her. These impromptu therapy sessions often last for hours, and he repeatedly tells her how much he appreciates her support. Question:As Dan’s supervisor, what should Janet do?
New Mexico State University-Office of Institutional Equity/EEO
Too Sick to WorkMary has disclosed she has been diagnosed with the early stages of multiple sclerosis and that sometimes she tires more easily than usual. You have noticed that Mary’s job performance is suffering; deadlines are not being met, she is late frequently and her work contains frequent errors.In light of these performance problems, you schedule a meeting with Mary. At the meeting you inform her that her work is not satisfactory, probably as a result of her MS. You advise Mary that since she’s been so sick, she just may be too sick to continue working and suggest she consider resigning. You document this conversation in her personnel fileADA Violation?
New Mexico State University-Office of Institutional Equity/EEO
You Shouldn’t be Spreading Information about My Disability Maria has worked for you part-time as a customer service representative. While working, she fell and injured her back, leading to a finding of a permanent partial disability, entitling her to workers’ compensation benefits.Last month, Maria sought a transfer to another department, as an office services clerk. She went to see her prospective boss, Joe Burton, to find out if she had a chance of landing the job. Joe knew about Maria’s workers’ compensation injury and asked he if she could handle the physical demands of an office services clerk. Maria responded that she thought she could. Joe wanted to make sure and sent her to a local clinic for an evaluation.The clinic determined that Maria had a lifting restriction of 20-35 pounds. Joe was concerned that Maria’s limitations would adversely affect the department morale, particularly if co-workers’ scheduled and/or tasks would have to be altered to accommodate Maria. Joe talked to his staff about Maria’s limitations.The next week Joe called Maria to tell her the good news: he was approving her transfer. Maria received favorable performance appraisals in her new job, but her co-workers treated her patronizingly, making jokes about how she only gets the easy tasks because of her so-called disability, that there’s probably nothing wrong with her at all, and accusing her of being a baby.
New Mexico State University-Office of Institutional Equity/EEO
Split PersonalitySituation:You are Carol’s supervisor. She is very good at her job, but she is extremely moody. One day she’ll be friendly and generous, and the next day she’ll be rude or standoffish in her interactions with other employees. So one day, when Carol is out of the office, you have lunch with a group of employees and discover that Carol is a favorite subject of discussion among her coworkers. Several people make comments like, “Carol needs a shrink” and “We need to get that girl some anti-depressants.”Question:What should you do as a supervisor?
New Mexico State University-Office of Institutional Equity/EEO
Reasonable Accommodation Process: Employee:
Sufficient notice is given Reasonable Accommodation Request Form is completed. Essential Job Functions Questionnaire Reasonable Accommodation documentation is reviewed. Importance of Interactive process Role of ADA Review Committee
Student: Refer Student to Accessibility Services Department Student will work with the Accessibilities Services Coordinator
to complete the necessary steps for approved services
New Mexico State University-Office of Institutional Equity/EEO
Factors: Broad Definition of Disability
Is it reasonable?
Review essential job functions
Assess whether accommodation permits employee to perform essential functions
Is it an undue hardship? Health/Safety issues?
No specific wording, no magic words
Alternative accommodation
Appropriate academic accommodations for Students
New Mexico State University-Office of Institutional Equity/EEO
Examples of Reasonable Accommodation Employee
Different job Being away Moving office Assistive Technology
Student Note taking services Sign language interpreting services Alternative format of reading materials Testing accommodations Service animals
New Mexico State University-Office of Institutional Equity/EEO
Accessibility:
Workplace Classrooms Websites Job Applicants Campus Visitors
New Mexico State University-Office of Institutional Equity/EEO
Resource External Resources:
Job Accommodation Network -http://askjan.org Internal Resource:
Office of Institutional Equity – [email protected]
NMSU-Las Cruces Student Accessibility Services – http://www.nmsu.edu/~ssd/index.html
NMSU-Alamogordo Accessibility Services Department: http://nmsua.edu/asd/
New Mexico State University-Office of Institutional Equity/EEO
THANK YOU