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? 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) TRUE ANSWER #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! 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 #7 FALSE

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 #8 FALSE

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 #10 FALSE

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 Activities These 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 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