© 2004 PACER Center Building Program Capacity to Serve Youth with Disabilities Session 3: ADA – Title I, Employment & Reasonable Accommodations in the Workplace PACER Center Session 3 ADA – Title I, Employment & Reasonable Accommodations in the Workplace

© 2004 PACER Center Building Program Capacity to Serve Youth with Disabilities Session 3: ADA – Title I, Employment & Reasonable Accommodations in the Workplace: Slide 1 Agenda  Welcome & Introductions  ADA Employment basics  Disclosure  Definitions: Essential Functions, Reasonable Accommodations & Undue Hardship  Examples of Job Accommodations  Case Studies  Exploring the Mediation Process  Assessing Transportation Options  Resources

© 2004 PACER Center Building Program Capacity to Serve Youth with Disabilities Session 3: ADA – Title I, Employment & Reasonable Accommodations in the Workplace: Slide 2 Title I - Employment Employment provisions apply to:  Private employers  State and local governments  Employment agencies  Labor unions

© 2004 PACER Center Building Program Capacity to Serve Youth with Disabilities Session 3: ADA – Title I, Employment & Reasonable Accommodations in the Workplace: Slide 3 Title I – Employment (Cont.) Employment provisions do not apply to:  Employers with fewer than 15 workers  The U.S. government (the federal government is covered under the 1973 Rehabilitation Act)  Indian tribes, or  Private membership clubs

© 2004 PACER Center Building Program Capacity to Serve Youth with Disabilities Session 3: ADA – Title I, Employment & Reasonable Accommodations in the Workplace: Slide 4 Employment Practices Covered Under the Law  Recruiting and advertising  Compensation and fringe benefits  Tenure and leave  Promotion and advancement  Hiring  Training  Transfers and lay-offs  Firing

© 2004 PACER Center Building Program Capacity to Serve Youth with Disabilities Session 3: ADA – Title I, Employment & Reasonable Accommodations in the Workplace: Slide 5 - Title I - Qualified Person with a Disability An individual with a disability who can:  Satisfy the required skills, experience and education for the desired or held position and  Perform the “essential functions” of the position, with or without “reasonable accommodations”

© 2004 PACER Center Building Program Capacity to Serve Youth with Disabilities Session 3: ADA – Title I, Employment & Reasonable Accommodations in the Workplace: Slide 6 Title I - Definitions Essential Job Functions:  These are the tasks that are fundamental and necessary to perform a given position  They do not include marginal duties

© 2004 PACER Center Building Program Capacity to Serve Youth with Disabilities Session 3: ADA – Title I, Employment & Reasonable Accommodations in the Workplace: Slide 7 Title I - Definitions (Cont.) Reasonable Accommodation:  This is any change an employer makes which enables a qualified person with a disability to: - Have equal opportunity in the selection process -Perform the essential functions of the job -Enjoy equal benefits and privileges of employment

© 2004 PACER Center Building Program Capacity to Serve Youth with Disabilities Session 3: ADA – Title I, Employment & Reasonable Accommodations in the Workplace: Slide 8 Title I - Definitions (Cont.) Reasonable Accommodations include:  Providing or modifying equipment  Making facilities accessible and removing barriers  Providing readers and sign language interpreters

© 2004 PACER Center Building Program Capacity to Serve Youth with Disabilities Session 3: ADA – Title I, Employment & Reasonable Accommodations in the Workplace: Slide 9 Title I - Definitions (Cont.) Reasonable Accommodations include:  Modifying exams and training materials  Changing work schedules

© 2004 PACER Center Building Program Capacity to Serve Youth with Disabilities Session 3: ADA – Title I, Employment & Reasonable Accommodations in the Workplace: Slide 10 What are NOT Reasonable Accommodations  Creation of a new position  Transfer to a different supervisor  Reassignment of essential functions  Non-adherence to policy and procedure  Violent or abusive behaviors

© 2004 PACER Center Building Program Capacity to Serve Youth with Disabilities Session 3: ADA – Title I, Employment & Reasonable Accommodations in the Workplace: Slide 11 Issues Courts Say are NOT a Reasonable Accommodation  “The disability made me do it”  “I’ll be back to work….eventually….”  “Accommodate me by promoting me”  “You say this job function is important, but let’s eliminate it”  “This is the only accommodation I will accept”

© 2004 PACER Center Building Program Capacity to Serve Youth with Disabilities Session 3: ADA – Title I, Employment & Reasonable Accommodations in the Workplace: Slide 12 Title I - Definitions (Cont.) Undue Hardship:  When an accommodation would require “significant difficulty or expense” to the employer, such as: - The size of the business operation - The financial resources of the employer

© 2004 PACER Center Building Program Capacity to Serve Youth with Disabilities Session 3: ADA – Title I, Employment & Reasonable Accommodations in the Workplace: Slide 13 Title I - Definitions (Cont.) Undue Hardship (Cont):  The cost of the accommodation,  The cost of the accommodation in relation to the size of the business and its resources,  The alteration to the employer’s business or the changes in the delivery of services, and  The disruption to other workers

© 2004 PACER Center Building Program Capacity to Serve Youth with Disabilities Session 3: ADA – Title I, Employment & Reasonable Accommodations in the Workplace: Slide 14 Reasonable Accommodations: Seven Step Process 1.Determine if the youth has a disability that is covered under the ADA. 2.Determine if the youth is a “qualified” individual under the ADA. 3.Determine the disability’s impact or functional limitations as they pertain to the job. 4.Determine (with the youth) what accommodation(s) are needed.

© 2004 PACER Center Building Program Capacity to Serve Youth with Disabilities Session 3: ADA – Title I, Employment & Reasonable Accommodations in the Workplace: Slide 15 Reasonable Accommodations: 7 Step Process (Cont.) 5.Determine if the accommodation will create an undue hardship if provided. 6.Implement the accommodation. 7.Determine if it is effective - Follow Up.

© 2004 PACER Center Building Program Capacity to Serve Youth with Disabilities Session 3: ADA – Title I, Employment & Reasonable Accommodations in the Workplace: Slide 16 Transportation Solutions: Questions to Consider When assisting a youth with a disability to find transportation for job purposes, these are areas to consider. Does the youth:  Own a vehicle and have a driver’s license?  Have access and capabilities to use mass transit?  Have access to paratransit or other transportation services?

© 2004 PACER Center Building Program Capacity to Serve Youth with Disabilities Session 3: ADA – Title I, Employment & Reasonable Accommodations in the Workplace: Slide 17 Transportation Solutions (Cont.): Questions to Consider Does the youth:  Meet eligibility requirements for programs that help pay for transportation (i.e. reduced fares; or Social Security Work Incentives such as PASS Plans)?)  Have car pooling & employer resources available?  Know someone who could drive them? (e.g. family, friends, neighbors, roommate)