1. ADA For Employers Let’s Talk About It!
Local Government Seminar January 29, 2015
ADA For Employers Let’s Talk About It!
Presented by:
Eileen C. Begle Senior Assistant County Attorney Office of Harris County Attorney

4. Disability Statistics
1 Billion people worldwide
15% of world’s population
Source:
United Nations Factsheet on People With Disabilities
With all of that out of my system, here are my goals. If you want a treatise on ADA or FMLA, you have it. It’s in the paper..
And, who knows, maybe one of us will learn something and have some fun along the way

5. Disability Statistics
57 Million in U.S.
18.7% of civilian
non-institutionalized
population
Source:
U.S. Census Bureau 2010 data
With all of that out of my system, here are my goals. If you want a treatise on ADA or FMLA, you have it. It’s in the paper..
And, who knows, maybe one of us will learn something and have some fun along the way

6. Purpose of the ADA
"Let the shameful walls of exclusion finally come tumbling down."
President George H. W. Bush on signing the ADA July 26, 1990

7. Risk Exposure 14 to 100 employees $50,000 101 to 200 $100,000
Lost wages
Compensatory Damages
Attorney’s fees
14 to 100 employees $50,000
101 to $100,000
201 to $200,00
From 501 up $300,000

8. Liability under ADA EEOC v. Sears, Roebuck & Co. (2009)
No Fault Attendance Policy
With all of that out of my system, here are my goals. If you want a treatise on ADA or FMLA, you have it. It’s in the paper..
And, who knows, maybe one of us will learn something and have some fun along the way

9. $6.2 M Liability under ADA EEOC v. Sears, Roebuck & Co.
(2009)
No Fault Attendance Policy
$6.2 M
With all of that out of my system, here are my goals. If you want a treatise on ADA or FMLA, you have it. It’s in the paper..
And, who knows, maybe one of us will learn something and have some fun along the way

10. Liability under ADA EEOC v. United Airlines (2009)
Denied overtime to anyone on light duty
With all of that out of my system, here are my goals. If you want a treatise on ADA or FMLA, you have it. It’s in the paper..
And, who knows, maybe one of us will learn something and have some fun along the way

11. $850 K Liability under ADA EEOC v. United Airlines (2009)
Denied overtime to anyone on light duty
$850 K
With all of that out of my system, here are my goals. If you want a treatise on ADA or FMLA, you have it. It’s in the paper..
And, who knows, maybe one of us will learn something and have some fun along the way

12. ADA: Title I
Overview of the Employer’s Obligations

13. Employment
Employers must not discriminate against qualified individuals with a disability

14. Pre-Employment
Application process
Interviews

15. Reasonable Accommodations
Must provide
unless undue hardship or a direct threat

16. Disabilities
Chronic Serious Health conditions include asthma, diabetes, epilepsy
(tendency toward abuse)
Terminal Illnesses….self-explanatory
Non-terminal, but could get worse
breast cancer treatment, recover from off duty car wreck,
But because there is no minimum absence requirement, this category is ripe for abuse.

17. Disabilities
Chronic Serious Health conditions include asthma, diabetes, epilepsy
(tendency toward abuse)
Terminal Illnesses….self-explanatory
Non-terminal, but could get worse
breast cancer treatment, recover from off duty car wreck,
But because there is no minimum absence requirement, this category is ripe for abuse.

18. Think About It Job interviews Reasonable accommodations
Sears and United

19. Bottom Line on ADA
You’re gonna’ have to talk about it.

20. Talking About It
What is so hard about that?

22. Talking About It RELAX Most people are nice Common expressions are OK
“See you later!”
“Gotta’ run!”

23. Conversation Etiquette
Do not shout
Look and speak directly to the person
Not an interpreter or companion

24. Conversation Etiquette
Shake hands
It’s okay to
use your left hand.
Touch shoulder or arm

25. Conversation Etiquette
Identify yourself
Identify others
“David is on my right.” Parker.”
Use vocal cues
“Jack, will you … ?”
“The chair is in front
of you.”

26. Service Animals Do not touch without permission Do not feed
Do not be offended if the person doesn’t want to talk about it

27. Mobility Aids
User may choose to transfer from wheelchair to office chair
Keep crutches and canes within reach
Sit down

28. Disability Etiquette Offer to help FIRST (with dignity)
Be prepared to have
the offer declined

29. Disability Etiquette If accepted, ask: “How can I help you?”
Then listen.

31. Can We Agree That… Taxpayers deserve productive employees.
If we agree with the first 5 bullets, then the last bullet holds true: It is not fair to the Taxpayers OR the individual Employees if we do not hold public employees accountable. And it is not fair to that problem employee’s co-workers.
Doesn’t that mean we have an obligation to
the individual employee (who probably wants to do a good job)
that employee’s co-workers (who are picking up his slack)
and the taxpayers (oh, wait! That’s US, isn’t it??)
NOTE TO TRAINERS: If you have an employee who you believe isn’t even interested in doing a good job, you have made a hiring error. Or, perhaps, a once valuable employee has gone through a traumatic event (divorce, delinquent kid, serious health issue, loss of a parent, etc.) Here you can insert a mini-lesson on best practices for hiring.

32. Can We Agree That…
Taxpayers deserve productive employees.
One big source of low morale is the perception that some employees are NOT being held accountable.
If we agree with the first 5 bullets, then the last bullet holds true: It is not fair to the Taxpayers OR the individual Employees if we do not hold public employees accountable. And it is not fair to that problem employee’s co-workers.
Doesn’t that mean we have an obligation to
the individual employee (who probably wants to do a good job)
that employee’s co-workers (who are picking up his slack)
and the taxpayers (oh, wait! That’s US, isn’t it??)
NOTE TO TRAINERS: If you have an employee who you believe isn’t even interested in doing a good job, you have made a hiring error. Or, perhaps, a once valuable employee has gone through a traumatic event (divorce, delinquent kid, serious health issue, loss of a parent, etc.) Here you can insert a mini-lesson on best practices for hiring.

33. Can We Agree That… Taxpayers deserve productive employees.
One big source of low morale is the perception that some employees are NOT being held accountable.
Employees can’t read your mind.
If we agree with the first 5 bullets, then the last bullet holds true: It is not fair to the Taxpayers OR the individual Employees if we do not hold public employees accountable. And it is not fair to that problem employee’s co-workers.
Doesn’t that mean we have an obligation to
the individual employee (who probably wants to do a good job)
that employee’s co-workers (who are picking up his slack)
and the taxpayers (oh, wait! That’s US, isn’t it??)
NOTE TO TRAINERS: If you have an employee who you believe isn’t even interested in doing a good job, you have made a hiring error. Or, perhaps, a once valuable employee has gone through a traumatic event (divorce, delinquent kid, serious health issue, loss of a parent, etc.) Here you can insert a mini-lesson on best practices for hiring.

34. Can We Agree That…
Taxpayers deserve productive employees.
One big source of low morale is the perception that some employees are NOT being held accountable.
Employees can’t read your mind.
It’s unfair NOT to talk to employees about performance.
If we agree with the first 5 bullets, then the last bullet holds true: It is not fair to the Taxpayers OR the individual Employees if we do not hold public employees accountable. And it is not fair to that problem employee’s co-workers.
Doesn’t that mean we have an obligation to
the individual employee (who probably wants to do a good job)
that employee’s co-workers (who are picking up his slack)
and the taxpayers (oh, wait! That’s US, isn’t it??)
NOTE TO TRAINERS: If you have an employee who you believe isn’t even interested in doing a good job, you have made a hiring error. Or, perhaps, a once valuable employee has gone through a traumatic event (divorce, delinquent kid, serious health issue, loss of a parent, etc.) Here you can insert a mini-lesson on best practices for hiring.