Americans with Disabilities Supervisor Training

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					Americans with Disabilities


      Supervisor Training


Presented by: DHMH Training Services Division



                                                1
 Americans with Disabilities
Supervisor Training Objectives
 • Define employment provisions and general
   terms of the Americans with Disabilities Act
   (Federal) and Article 49B, Annotated Code of
   Maryland;
 • Identify misconceptions in the workplace
   regarding persons with disabilities.
 • Distinguish essential from non-essential job
   functions.
 • Utilize DHMH internal resources for technical
   assistance on ADA issues.
Americans with Disabilities Act
        Federal Law
Americans with Disabilities Act
        Federal Law
 The purpose of this law is to extend to people with
 disabilities civil rights similar to those now available
 on the basis of race, color, national origin, sex and
 religion through the Civil Rights Act of 1964.

     •    Employment
     •    Services Rendered by State and Local
          Governments
     •    Places of Public Accommodation
     •    Transportation
     •    Telecommunications services
Americans with Disabilities Act
   Employment Provision
 “No covered entity shall discriminate against a
  qualified individual with a disability because of the
  disability of such individual in regard to:

     • job application procedures;
     • the hiring, advancement, or discharge of
       employees;
     • employee compensation;
     • job training;
     • and other terms, conditions, and privileges of
       employment.”
Americans with Disabilities Act
 Major Employment Provisions

   1.   Requires equal opportunity in selection,
        testing and hiring of qualified applicants
        with disabilities.
   2.   Requires equal treatment in promotion
        and benefits.
   3.   Prohibits discrimination against workers
        with disabilities; it applies to all
        employers with 15 or more employees.
Americans with Disabilities Act
 Major Employment Provisions

   4.   Applies to private employers, State and
        local governments, employment agencies,
        labor organizations, and joint labor-
        management committees.
   5.   Requires reasonable accommodation for
        applicants and workers with disabilities
        when such accommodations would not
        impose "undue hardship."
Americans with Disabilities Act
 Major Employment Provisions
   Employers may:

   1.   Require that an individual not pose a
        direct threat to the health and safety of the
        individual or others.
   2.   Conduct tests for the illegal use of drugs
        and may prohibit illegal use of drugs and
        alcohol in the workplace.
Americans with Disabilities Act
 Major Employment Provisions
  Employers may NOT:
  Make pre-employment inquiries about an
  applicant s disability or conduct pre-employment
  medical exams.

  They may ask if applicants can perform specific
  (essential) job functions and may condition a job
  offer on results of a medical exam, but only if the
  exam is required for all entering employees in
  similar jobs.
Americans with Disabilities Act
       Key Definitions

            What is a DISABILITY?

  •   A physical or mental impairment that
      substantially limits one or more of the major
      life activities;
  •   A record of such an impairment;
  •   Being regarded as having such an
      impairment even when no limitations exist.
Americans with Disabilities Act
       Key Definitions
        What is a QUALIFIED INDIVIDUAL
                with a DISABILITY?

   An individual with a disability who, with or
   without reasonable accommodation, can perform
   the essential functions of the employment
   position that such individual holds or desires.
Americans with Disabilities Act
       Key Definitions
   What is a REASONABLE ACCOMMODATION?

      May include:
      • Making existing facilities readily
         accessible to and usable by individuals
         with disabilities;
      • Job restructuring, part-time or modified
         work schedules, reassignment to a vacant
         position;
      • Acquisition or modification of
         equipment or devices;
Americans with Disabilities Act
       Key Definitions
   What is a REASONABLE ACCOMMODATION?

      May include:
      •   Appropriate adjustment or modifications
          of examinations, training materials or
          policies;
      •   The provision of qualified readers or
          interpreters;
      •   Other similar accommodations.
Americans with Disabilities Act
       Key Definitions
           What is UNDUE HARDSHIP?

   An action requiring significant difficulty or
   expense.

   Factors to be considered in determining whether
   an accommodation would cause an undue
   hardship include:
        • the nature and cost of the
              accommodation;
        • the resources and size of the business;
Americans with Disabilities Act
       Key Definitions
        What is UNDUE HARDSHIP?

         Factors to be considered (continued)

   •   The type of business operation;
   •   The impact that the accommodation would
       have on the facility;
   •   A larger employer will be expected to
       make accommodations requiring greater
       effort or expense than a smaller employer.
Annotated Code of Maryland

        Article 49B
Annotated Code of Maryland
        Article 49B
        Two Main Concepts in
 Employment Discrimination in Maryland

  1. It is unlawful for an employer to discriminate
     against any employee or applicant based on
     disability. All employees & applicants have a
     right to be free of discrimination in
     employment.
Annotated Code of Maryland
        Article 49B
            Two Main Concepts in
 Employment Discrimination in Maryland

  2. Employer has duty to make reasonable
     accommodations for any employee or
     applicant; therefore an employee or applicant
     has the right to receive reasonable
     accommodation of his disability from his
     employer.
Annotated Code of Maryland
        Article 49B
               What is a DISABILITY?

•   “ … any physical disability, infirmity, malformation
    or disfigurement which is caused by bodily injury,
    birth defect or illness … “
•   Definition is intentionally broad and encompasses
    many conditions that are not necessarily totally
    disabling.
•   Under Maryland law, a condition may be a
    disability even though it is NOT under the ADA.
Annotated Code of Maryland
        Article 49B
         Categories of Persons Protected
                  By the Law

    1.   HAVE a disability now.
    2.   HAD a disability in the past but not
         now (cured/recovered).
    3.   HAVE a disability because they are
         regarded & treated as such (“perceived
         disability”).
Annotated Code of Maryland
        Article 49B
  “Substantially limits a major life activity.”
                 BIG DOZEN

                            6. Reproduction
 1.   Cognitive Functions
                            7. Breathing
 2.   Walking
                            8. Seeing
 3.   Caring for oneself
                            9. Working
 4.   Sleeping
                            10. Socializing
 5.   Performing manual
                            11. Speaking
      tasks
                            12. Hearing
    Annotated Code of Maryland
            Article 49B
                EXAMPLES of Disabilities
      (IF they substantially limit a major life activity)


•   Stress related mental/      •    Post traumatic stress
    emotional disorder               disorder (PTS)
•   Narcolepsy                  •    Rheumatoid Arthritis
•   AIDS                        •    Chronic Fatigue
•   Hypertension                     Syndrome
•   Extreme varicose veins      •    Some allergies
•   Obesity                     •    Migraine or Cluster
•   Asthma                           headaches
Annotated Code of Maryland
        Article 49B
   Bottom Line for Disability Definition
    Don’t assume that because a condition is not
    a disability under ADA, it is automatically
    excluded from coverage under Maryland
    Law.

    Under Maryland law, a condition MAY
    be a disability even though it is not under
    the ADA.
Annotated Code of Maryland
        Article 49B

          Reasonable Accommodation

  •   No simple solution.
  •   Determined on a case-by-case basis.
  •   Employer has a continuing duty to accommodate.
  •   Each new request for accommodation must be
      reviewed on a “reasonable” basis.

  Acquire a partner - DHMH's ADA Coordinator
               or your ADA Designee.
Annotated Code of Maryland
        Article 49B
  Reasonable Accommodation Principles

 Employer does not have to change:
   • the essential functions of a job or;
   • uniformly applied performance standards in
     order to accommodate,

 But may have to change:
    • the method or;
    • manner or;
    • the time for performing the function.
    Annotated Code of Maryland
            Article 49B
    EXAMPLES of Reasonable Accommodations

•   Time off for treatment,   •   Voice activated
    rest, recovery                computer
•   Extra bathroom breaks     •   Adaptive devices
•   Modified testing or       •   Waiver of “no beard”
    application procedure         policy
•   Flexible work schedule    •   Transfer or reassign
•   Teleworking               •   Sign language
•   Modified work uniform         interpreter
•   Magnifiers                •   Providing dollies, carts
Annotated Code of Maryland
        Article 49B
  Reasonable Accommodation Principles
             Confidentiality
 • Disclosure is up to the employee.
 • Disclosure to a small circle of management may be
   required in order for the employee to be entitled to
   a reasonable accommodation.
 • ADA violations often come from lower levels of
   management. What may seem obvious to an ADA
   Designee is not necessarily obvious to every
   manager.

 Acquire a partner - DHMH's ADA Coordinator
              or your ADA Designee.
Annotated Code of Maryland
        Article 49B
          Employee Becomes Unable
• Must transfer or reassign to another job which s/he
  is able to do.
• Must cooperate and assist employee in securing a
  transfer (with Personnel).
• If employee can identify a position for which s/he
  is qualified, must transfer or explain why.
• Big employers (like the State of Maryland) will be
  presumed to be capable of transferring the
  employee.

 Acquire a partner - DHMH's ADA Coordinator
             or your ADA Designee
Annotated Code of Maryland
        Article 49B
           Verification of Disability

• Employee is responsible for verifying a disability
  and any limitations or accommodations required.
• Employee provides a note from his physician
  outlining disability and the accommodations which
  the employer must provide in order that the
  employee can continue to do job.
• Employer may have to do this if employee cannot.

 Acquire a partner - DHMH's ADA Coordinator
             or your ADA Designee
Annotated Code of Maryland
        Article 49B
       DRUG ABUSE as a Disability
Current abuse is NOT a disability.

A person may allege discrimination IF s/he:
• Has completed a supervised drug rehab program
   and is no longer engaging in the illegal use of
   drugs.
• Is participating in a supervised drug rehab
   program and is no longer engaging in the illegal
   use of drugs.
• Is erroneously regarded as engaging in such use
   but is not engaging in such use.
Annotated Code of Maryland
        Article 49B
     ALCOHOLISM as a Disability
   (Treated differently than Drug Abuse)

 Current alcohol abuse may be a disability.

 • It is a condition requiring treatment.
 • Reasonable accommodation: time off for
   treatment (paid and/or unpaid).
 • Employee cannot be fired, demoted, disciplined
   for taking leave.
Annotated Code of Maryland
        Article 49B
     ALCOHOLISM as a Disability
   (Treated differently than Drug Abuse)

 Arrest for drunk driving (DUI)

 • Cannot be basis for discipline except in
   sensitive classifications.
 • Employer cannot assume that arrest means
   alcoholism.
 • Even if DUI at time of arrest must be allowed
   to obtain treatment.
Annotated Code of Maryland
        Article 49B

                     HIRING
No matter how obvious the disability might be:

 •   NO pre-offer questions about disability allowed.
 •   NONE allowed on application.
 •   NONE allowed during interview.
 •   No questions about Worker’s Compensation
     claims.
Annotated Code of Maryland
        Article 49B
                   HIRING
AFTER offer has been made and accepted:
Acquire a partner - DHMH's ADA Coordinator
            or your ADA Designee.

• Employer may inquire into existence of a
  disability and any accommodation required.
• If employee says he needs no accommodation at
  time of hire, he may ask for an accommodation
  later.
Myths & Facts About People
     with Disabilities
Myths & Facts About People
     with Disabilities

              Video:

  “Nobody Is Burning Wheelchairs”
     Produced by Easter Seals
Myths & Facts About People
     with Disabilities
  MYTH:
  Employees with disabilities have a higher
  absentee rate than employees without
  disabilities.

  FACT:
  Studies by firms such as DuPont show that
  employees with disabilities are not absent any
  more than employees without disabilities.
Myths & Facts About People
     with Disabilities
MYTH:
Persons with disabilities are inspirational,
courageous, and brave for being able to overcome
their disability.

FACT:
Persons with disabilities are simply carrying on
normal activities of living when they drive to work,
go grocery shopping, pay their bills, or compete in
athletic events.
Myths & Facts About People
     with Disabilities
MYTH:
Persons with disabilities need to be protected from
failing.

FACT:
Persons with disabilities have a right to participate in
the full range of human experiences including success
and failure. Employers should have the same
expectations of, and work requirements for, all
employees.
Myths & Facts About People
     with Disabilities
MYTH:
Considerable expense is necessary to accommodate
workers with disabilities.

FACT:
Most workers with disabilities require no special
accommodations and the cost for those who do is
minimal or much lower than many employers
believe. Studies have shown that 15% of
accommodations cost nothing, 51% cost between $1
and $500, 12% cost between $501 and $1,000, and
22% cost more than $1,000.
Myths & Facts About People
     with Disabilities
 MYTH:
 Persons with disabilities are unable to meet
 performance standards, thus making them a bad
 employment risk.

 FACT:
 In 1990, DuPont conducted a survey of 811
 employees with disabilities and found 90% rated
 average or better in job performance compared to
 95% for employees without disabilities. Many other
 studies have show similar results.
  General Information About
People with Disabilities at Work
                U.S. Department of Labor
          Office of Disability Employment Policy
                    (www.dol.gov/odep)
                    Publications - Fact Sheets


 •   Accommodations Get the Job Done
 •   Communicating With and About People with Disabilities
 •   Disability Friendly Strategies for the Workplace
 •   Facilitating Return-to-Work For Ill or Injured Employees
 •   Job Accommodations Come in Groups of One
 •   On the Job: Employers and Employees in Their Own Words
Responsibilities of a Supervisor

In Relation to Employees with
          Disabilities
     Responsibilities of a Supervisor
In Relation to Employees with Disabilities

 They are basically the same as they are with any
 other employee you supervise.
          • Assign and monitor work.
          • Evaluate performance.
          • Develop skills.

 It is vital that you define the job functions that are
 central to the position according to essential job
 functions.
     Responsibilities of a Supervisor
In Relation to Employees with Disabilities

       What are essential job functions?

     1. Are central to the position,
     2. Occupy a significant amount of the
        employee’s time,
     3. If removed, would substantially change
        the job.
      Responsibilities of a Supervisor
 In Relation to Employees with Disabilities
Questions to ask when determining if a functions is essential?

      1. Does the position exist to perform this function? If this
         function was removed would it still be the same job?

      2. How many other employees are available to perform this
         function or among whom the performance of this
         function can be distributed?

      3. What is the degree of expertise or skill required to
         perform this function?

      4. Do current employees actually perform this function?
         Have past employees?

      5. How much time is spent performing this function?
     Responsibilities of a Supervisor
In Relation to Employees with Disabilities

            Essential Job Functions
          Purpose in Relation to ADA

    Under the ADA, an employer must evaluate
    individuals according to their ability to perform
    essential job functions, with or without
    reasonable accommodation.
     Responsibilities of a Supervisor
In Relation to Employees with Disabilities

          Essential Job Functions Exercise

     1.   Go over Essential Job Function
          Worksheet examples.

     2.   Work with a partner to identify reasons
          for considering each function as essential
          or not.

     3.   Report back to group.
     Responsibilities of a Supervisor
In Relation to Employees with Disabilities

                      Bottom Line
   1.   During application process and interview NO
        questions about disability allowed.

   2.   After offer has been made and accepted you may
        inquire into existence of a disability and any
        accommodation required.

   3.   Acquire a partner - DHMH's ADA Coordinator
        or your ADA Designee.
DHMH Resources
 DHMH Resources
(http://www.dhmh.state.md.us/ocr/
                DHMH
    Office of Community Relations
     Americans with Disabilities

                   What they do?

•   Provide information and technical assistance on
    ADA;
•   Interpret applicable ADA laws and regulations;
•   Investigate complaints of discrimination;
•   Provide technical assistance regarding
    compliance with ADA laws and regulations;
•   Act as a liaison between State and Federal
    governing agencies.
            DHMH
Office of Community Relations
 Americans with Disabilities
    Hilda Davis
    Executive Director and
    Fair Practices Officer


    201 W. Preston St.,
    Room 517
    Baltimore, MD 21201

    Office: 410-767-6600
    Fax: 410-333-5337
                DHMH
    Office of Community Relations
     Americans with Disabilities

                ADA Designees

•   Each Administration, Facility, and Health
    Department has an ADA Designee.
•   Many times this designee is the Personnel
    Advisor (PA).
•   Check list in your packet for the name of your
    ADA Designee.
•   Call Hilda Davis if you do not have one
    assigned.

				
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