ADA Powerpoint 2012 edits by 1VU2MW92

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									          PRESENTED B Y
THE IOWA CIVIL RIGHTS COMMISSION
Enactment and effective date
      The ADA is a civil rights law
   that was enacted on July 26, 1990.
ADA Fact
In 1990, Congress estimated 43 million
 Americans had one or more physical or mental
 disabilities.

In the mid-90s that figure was revised to 49
 million Americans.

Today the estimate is in excess of 53 million
ADA Amendments Act of 2008
 In 2008 the ADA was amended to get back
 to its original intent of a “broad scope of
 protection.”

 ADA Amendments Act makes it easier for a
 person seeking protection under the ADA
 to establish that he/she has a disability
 within the meaning of the statute
The Americans with Disabilities Act
 Title I: Employment
 Title II: Public Services
 Title III: Public Accommodations
 Title IV: Telecommunications
 Title V: Miscellaneous
        Title I - Employment
Title I of the ADA prohibits discrimination
against persons with disabilities in
employment by businesses having 15 or
more employees, or by State and local
governments. It also applies to
employment agencies and to labor
organizations.
          ADA Fact – Iowa

Iowa prohibits discrimination in
 employment by businesses having 4
 or more employees, not 15
Scope of ADA
In employment, the ADA prohibits
discrimination against qualified individuals
with disabilities in public and private sector
employment.

This includes a requirement that those
employers covered under the Act make
“reasonable accommodations.”
Your knowledge of the ADA


      Quick Quiz
      5 Questions
  ADA Quiz – Multiple Choice
What percentage of working-age individuals
     with disabilities are unemployed?

 A. 25%
 B. 3%
 C. 50%
 D. 67%
          Answer: D

67% of working-age individuals
with disabilities are unemployed.
             Question #2
 If you live to the age of 70, the chance
  of you having a disability is:
 A. 12%
 B. 28%
 C. 55%
 D. 82%
            Answer: D


There is an 82% chance of having a
 disability if you live to age 70.
             Question #3
Approximately 88% of accommodations for
     people with disabilities will cost:

 A. Under $1,000
 B. Between $1,000 - $1,999
 C. Between $2,000 - $5,000
 D. More than business can afford
      Answer: A


 88% of accommodations
for people with disabilities
  will cost under $1,000
 Reasonable Accommodations
Average Cost of Job Accommodations:

 31% of all accommodations suggested at no cost
 19% cost between $1 and $50
 19% cost between $50 and $500
 19% cost between $500 and $1000
 11% cost between $1000 and $5000
 >1% cost more than $5000
        Source: Job Accommodation Network Survey
  Question #4 – True/False

The ADA is an affirmative action law
  for individuals with disabilities.
         Answer: False
The ADA provides equal access to the
employment process, but does not
require employers to proactively hire
persons with disabilities.
Question 5: True or False
 The employment provisions of the ADA are
 applicable to entities, organizations and
 private businesses that employ 15 or more
 employees (and to all Title II entities*
 regardless of size).

*state and local governments
       Answer: True

 All businesses with 15 or more
employees are covered by the ADA.

  State laws may cover smaller
        businesses as well.
Who is considered a person
with disability?
  The ADA defines a person
   with a disability using a
     3-prong approach.
First Prong:

 Person with a physical or mental
 impairment that substantially limits
 one or more major life activities
         Physical Impairment
Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or
more of the following body systems: neurological
musculoskeletal, special sense organs, respiratory
(including speech organs), cardiovascular,
reproductive, digestive, genitourinary, hemic and
lymphatic, skin and endocrine

           (This list is non-exhaustive)
       Mental Impairment
Any mental or psychological disorder, such
as mental retardation, organic brain
syndrome, emotional or mental illness, and
specific learning disabilities.

        (This list is non-exhaustive)
          Substantially Limits
Means the major life activity is restricted as to
 the conditions, manner or duration under which it
 can be performed in comparison to most people.

Previously the standard was “significantly
 restricted,” but the ADAAA redefines
 “substantially limits” as “materially restricts.” This
 is a new term that is not otherwise defined in the
 legislation.
   Substantially Limits (con’t)
Under the Amendments Act, the term
 “substantially limits” requires a lower degree of
 functional limitation than the standard previously
 applied by courts.

An impairment does not need to prevent or
 significantly restrict a major life activity to be
 considered “substantially limiting.”
 Substantially limits (con’t)
The term “substantially limits” is to be construed
 broadly in favor of expansive coverage to the
 maximum extent permitted by the terms of the
 ADA.
As was true prior to the Amendments Act, the
 determination of whether an impairment
 substantially limits a major life activity requires
 an individualized assessment.
Combination of Impairments

 An individual may have two or more
impairments, neither of which alone
constitute a disability, but taken
together may be considered disabling.
    Three factors to consider

 The nature and severity of the condition;
 How long it will last or is expected to last;
  and
 Its permanent or long term impact, or
  expected impact.
     Temporary Impairments
• May or may not be disabilities.

• The question is answered by looking
 at the extent, duration, and impact of
 the impairment.
  Major Life Activities Include:
Caring for oneself        Breathing
Performing manual tasks   Learning
                           Working
Walking
                           Concentrating
Seeing                    Communicating
Hearing                   Thinking
Speaking                  Learning
Standing                  Working
                           Lifting
Eating
                           Bending
Reading
Bodily Functions
      The ADA Amendments Act
 has clarified that major life activities
       is expanded to include
           Bodily Functions.
Major Body Functions include:
 Functions of the    Functions of the
 immune system         respiratory system
Normal cell growth   Circulatory function
Digestive function   Neurological function
Bowel function
                      Endocrine function
Bladder function
                      Reproductive function
Brain function
Mitigating Measures
What are they?
 Mitigating measures are measures that
 eliminate or reduce the symptoms or
 impact of an impairment.
 Examples include: medication, medical
 equipment & devices, prosthetic limbs,
 hearing aids, mobility devices, assistive
 technology, low vision devices (devices
 that magnify a visual image).
Change of Rules
 The Amendments Act of 2008 changed the
 rules on mitigating measures.

 Substantial limitation is now assessed
 without regard to mitigating measures
 other than contacts or corrective lenses
Second Prong:

        A person with
a record of having a disability
For Example:

A history of mental illness
Heart disease
Cancer
Muscular dystrophy
Epilepsy
Multiple sclerosis
     Episodic or in Remission

Congress stated in the Amendments Act
 that “an impairment that is episodic or in
 remission is a disability if it would
 substantially limit a major life activity when
 active.”
Third Prong:
“Regarded as” having an impairment
An individual meets the requirement of being regarded
as having an impairment if the individual establishes that
he or she has been subjected to a prohibited action
because of an actual or perceived impairment that is not
both “transitory and minor” – regardless of whether or not
the impairment limits or is perceived to limit a major life
activity.
 In other words
 A person who is not substantially limited but is
  treated as such

 A person whose substantial limitation is only the
  result of the attitudes of others

 Someone who has no impairment – but is treated
  or perceived as having an impairment that is not
  transitory and minor.
 Exclusions
 A person who currently illegally uses drugs
  is not protected by the ADA when the
  covered entity acts on the basis of such
  use alone.
 However, an individual who is engaged in
  or has completed drug rehabilitation and is
  no longer using drugs is protected under
  the ADA.
  Some Important Distinctions
The use of a drug must be illegal to be exempt
 from the definition of disability not the substance
 itself.
Addiction is covered under the definition of
 disability but not current illegal use.
If a person was addicted in the past or is
 perceived as addicted they would be covered.
Casual users in the past are not covered.
    What about alcoholism?

 People who abuse alcohol are considered
 disabled even if they are currently using. A
 person who is an alcoholic is considered a
 person with a disability under the ADA.
            Other Exclusions
 Homosexuality and Bisexuality;
 Transvestitism, transsexuals, pedophilia,
  exhibitionism, voyeurism, gender identity
  disorders not resulting from physical
  impairments, or other sexual behavioral
  disorders;
 Compulsive gambling, kleptomania, or
  pyromania; or
 Psychoactive substance use disorders resulting
  from current illegal use of drugs
              Association
 The ADA also protects anyone who
 associates with someone who has a
 disability as defined above.

 An entity may not discriminate against an
 individual or entities because of their
 relationship with a person with a disability
  Retaliation or Coercion

   Retaliation or coercion
is prohibited under the ADA
What employment issues are
covered?
 Recruitment   Training
 Pay           Leave
 Hiring        Lay-off
 Promotion
                Benefits
 Job
 Assignment
Who is a Qualified Individual?
Individual who satisfies the required work,
experience, education and other job-related
requirements of the employment position
such individual holds or desires, and who,
with or without reasonable accommodation
can perform the essential functions of such
position.
    Steps to Determine Whether an
         Individual is Qualified
    Determine if the individual meets the
     necessary prerequisites for the job; and

    Determine if the individual can perform
     the essential functions of the job, with or
     without reasonable accommodation
Essential Functions
 The ADA requires that the employer
focus on the essential functions of a job
to determine whether a person with a
disability is qualified.
     Essential Job Functions
 These are the fundamental job duties of
 the employment position. They do not
 include marginal functions.
Determining the Essential
Job Functions
 Focus on the purpose of the function
 and the result to be accomplished
 rather than on the manner in which
 the function presently is performed
What to look for:
   Employer’s judgment as to what is
    essential
   Written job description
   Amount of time spent on the task
   Terms of a bargaining agreement
   Consequences of not performing the task
   Work experience of current or former
    incumbents
Essential Job Functions –
Questions to Ask
 Are other employees in the position
  actually required to perform the function?
 Would removing that function
  fundamentally change the job?
 Does the position exist to perform the
  function?
Questions – (Con’t)
 What is the number of other employees
   available to perform the function, or
   among whom the function can be
   distributed?

 What is the degree of expertise or skill
   required to perform the function
     What about reasonable
      accommodations?
Employers must make reasonable
 accommodations to known physical or
 mental limitations of a qualified applicant or
 employee with a disability unless the
 employer can demonstrate that the
 accommodation would be an undue
 hardship
         Definition of
  Reasonable Accommodation
Any modification or adjustment to a job, an
employment practice, or the work
environment that makes it possible for an
individual with a disability to enjoy an equal
employment opportunity.
      Required in Three Areas
1.   Ensure equal opportunity in application
     process;
2.   Enable qualified individual with a
     disability to perform the essential
     functions of a job; and
3.   To enable an employee with a disability to
     enjoy equal benefits and privileges of
     employment.
ALSO:


  Social activities; or
  any other term, privilege or
 condition of employment.
What are some forms of
reasonable accommodation?
Job restructuring
Modifying work schedules
Making facilities accessible
Acquiring or modifying equipment or devices
Hiring readers, interpreters and assistants
Reassignment to a vacant position
ADA FACT


Personal items are generally
not required as forms of
reasonable accommodation
Let’s talk about undue hardship
It is the responsibility of the employer to
provide a reasonable accommodation
unless it would be an undue hardship.

Undue hardship is defined as an action
requiring significant difficulty or expense,
extensive, substantial disruption or
something that would fundamentally alter
the nature of employment.
Do I have to hire an applicant
with a disability even if they are
not qualified?
  No. A qualified individual with a disability is
 one who satisfies the requisite skill,
 experience, education, and other job-related
 requirements of the position and can perform
 the essential functions of the job with or
 without reasonable accommodation.
     Recruitment and Hiring
 ADA does not require employers to
 undertake special activities to recruit
 people with disabilities
 However, recruitment activities that tend to
 “screen” out individuals with disabilities
 may violate the ADA
      Recruitment and Hiring
 Pre-offer inquiries about a disability, or
 about the nature of severity of a disability
 on an application, forms in a job interview,
 or in background or reference checks are a
 problem under the ADA.
      Pre-Employment Testing
 ADA has two requirements in relation to tests
1. If a test screens out or tends to screen out an
   individual with a disability or a class of such
   individuals on the basis of a disability, it must be
   job-related and consistent with a business
   necessity; and

2. There must be accommodations in administering
   testing.
      Medical Examinations
 An employer may not make medical
 inquires or conduct a medical examination
 until after a job offer has been made.

 A job offer may be conditioned on the
 results of a medical exam or inquiry only if
 it is required for all entering employees in
 similar positions.
  What about Safety Issues?

An employer may require that an individual
not pose a direct threat to the health and
safety of others.
          Conditional Job Offer
If a conditional offer is withdrawn, employer must
show:

1.Reasons for the exclusion are job-related and
  consistent with business necessity, or that the
  person is being excluded to avoid a “direct threat;”
  and that

2. No reasonable accommodation was available that
  would enable this person to perform the essential
  job functions without significant risk to health or
  safety, or that such an accommodation would cause
  undue hardship.
Post-employment Medical Exams
 Must be job-related and justified by
  business necessity.
 May be conducted when there is evidence
  of a job performance or safety problem.
 May conduct to determine “fitness” to
  perform a particular job.
 May perform voluntary exams that are part
  of employee health programs.
    Results of Medical Exams

All information gathered must be collected
 and maintained on separate forms, in
 separate medical files and must be treated
 as a confidential medical record. Medical
 information should NOT be put in the
 employee’s personnel file.
              Conclusion
An employer or other covered entity may
not limit, segregate or classify an individual
with a disability, on the basis of the
disability, in a manner that adversely
affects the individual’s employment.
     ADA Technical Assistance
Access Board
 Technical Assistance 800-872-2253

Department of Justice
 Technical Assistance 800-514-0301

Equal Employment Opportunity Commission
 Technical Assistance 800-669-4000
 Publications         800-669-3362
Iowa Civil Rights Commission
     Grimes State Office Building
          400 E. 14th Street
       Des Moines, Iowa 50319
            515-281-4121
            800-457-4416
          FAX 515-242-5840
 http://www.state.ia.us/government/crc
Employer Rights & Responsibilities

    Americans With Disabilities Act
            as Amended
              (ADAAA)

             Presented by
   The Iowa Civil Rights Commission

								
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