1. Americans With Disabilities Act TITLE 1 EMPLOYMENT

2. NOD-Harris Poll - 2004 35% with a disability work full-time or part-time 78% without disability work full-time or part- time 22% report encountering job discrimination Source: National Organization on Disability, 2004

3. ADA Overview Title I - Employment Title II - State & Local Government Title III - Public Accommodations Title IV - Telecommunications Title V - Miscellaneous

4. Definition of a Disability: A physical or mental impairment that substantially limits one or more major life activities; A record of such an impairment; Is regarded as having such an impairment

5. ADA Amendments Act of 2008 “Substantially limits” – definition Mitigating measures will not be considered Exception – eyeglasses and contact lenses

6. Affected major life activities Seeing Performing manual tasks Speaking Learning Walking Breathing Hearing Working Sleeping Caring for oneself Thinking

7. ADA Amendments Act of 2008 “Major life activities” now includes bodily functions: functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. Episodic or in Remission

8. NOT covered by the ADA Current illegal drug users Sexual behavior disorders Compulsive gambling Kleptomania Pyromania Psychoactive substance use disorders (from use of illegal drugs)

9. Drug and Alcohol Use Past illegal drug use covered Current illegal drug use not covered Employer may prohibit use of illegal drugs and alcohol in workplace Drug tests are not illegal

10. Drug and Alcohol Use Past alcohol use covered Current alcohol use covered Discipline, discharge or deny employment when alcohol impairs job performance or conduct

11. Title I - Employment Private employers State and local governments Employment agencies Labor Unions

12. What Employers Are Not Covered? Those with less than 15 employees Private clubs (i.e. country clubs) Federal Government Native American Tribes

13. Regulated Employment Practices Application Promotion Testing Medical exams Hiring Layoff/Recall Assignments Termination Evaluation Compensation Disciplinary actions Leave Training Benefits

14. The ADA prohibits discrimination against any qualified individual with a disability in regard to all terms, conditions, and privileges of employment.

15. What is a Qualified Individual? Individual must have the education, experience and skills required Must be able to perform the essential functions of the job with or without a reasonable accommodation

16. What makes a Job Task Essential? The position exists to perform the function There is a limited number of employees who can perform the task The function is highly specialized, requiring specific expertise or skill

17. Determining if a Task is Essential Employer’s judgment Written job description Amount of time spent performing the task

18. Reasonable Accommodation Accessible work environment Modify exams, training materials, job-restructuring Modify work practices and procedures Part-time or modified work schedules Qualified interpreters or readers Leave Reassignment

19. Not Reasonable Accommodations: Transfer to a different supervisor Reassignment of essential functions Lowering production standards Provision of personal use items Provision of “light duty” position Promotion Non-adherence to policy and procedure that is consistent with business necessity

20. Reasonable Accommodation Individual must request an accommodation Individual may refuse an accommodation Defenses Undue hardship Significant expense or difficulty Fundamental alteration of business Direct threat...to health and safety of others Significant risk that can not be eliminated by reasonable accommodation

21. Interview: Unacceptable Questions How much alcohol do you drink? What medications are you taking? Have you ever been hospitalized? Have you ever taken AZT? Have you ever filed or received worker’s compensation?

22. Interview: Acceptable Questions Are you capable of standing for 3 hours? Would you be able to arrive to work by 8 am everyday? Can you perform the essential functions of the job with or without a reasonable accommodation? Can you move 50 lbs from point A to point B? Can you sit for 2 hours at a time? Can you read a video display terminal?

23. Reference Checks May ask about: job functions & tasks quality & quantity of work how job functions were performed attendance record other job-related issues that do not relate to disability Cannot ask about: Disability Illness Workers compensation history

24. Medical Inquiry: Pre-Employment No questions which could elicit medical information No medical exams permissible Agility/aptitude testing permissible if consistent with business necessity All other applicants are subject to same

25. Medical Inquiry: Post Offer Permissible if all applicants or individuals in similar positions subject to same inquiry and exam Additional inquiry allowed to follow-up on information found in initial inquiry Withdrawal of offer must be based on direct threat

26. Medical Inquiry: Post-Hire No medical inquiry unless consistent with business necessity Participation in wellness or other health promotion activities sponsored by employer must be voluntary

27. Medical Records Information regarding medical exams and inquiries must be kept confidential must be kept separate from personnel files

28. CDC: Infectious and Communicable Diseases Campylobacter Salmonella E. coli Calicivirus or Norwalk-like virus Shigella species Hepatitis A virus Staphylococcus aureaus

29. Food Service Management Restrict employee if symptoms are present Exclude employee if diagnosed with illness If disabled by disease, ADA applies

30. Company Policies and Practices Training Sensitivity training for managers and co-workers Health insurance Employee assistance programs Fitness programs Employee & family activities

31. Posting Notices An employer must post notices concerning the provisions of the ADA Must be accessible to persons with visual or other reading disabilities Posters can be obtained from the EEOC 800-669-EEOC or 800-800-3302 (TDD)

32. Financial Assistance IRS Code 44 (Tax Credit) 30 employees or less OR annual gross receipts less than $1M Up to $5000/year 50% of expenditures between $250 - $10,250 IRS Code 190 (Tax Deduction) Up to $15,000/year Architectural or Transportation Targeted Jobs Tax Credit For hiring people with disabilities

37. Resources U.S. Department of Justice www.usdoj.gov/crt (800) 514-0301 Equal Employment Opportunity Commission www.eeoc.gov (800) 669-4000 U.S. Access Board www.access-board.gov (800) 872-2253 Job Accommodation Network (JAN) http://www.jan.wvu.edu/ (800) 526-7234 Great Lakes ADA Center www.gldbtac.org (800) 949-4232 National Center on Accessibility www.ncaonline.org (812) 856-4422 (voice) (812) 856-4421 (tty)