Americans with Disabilities Act ADA Overview

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Americans with Disabilities Act (ADA) Overview

• ADA
• Signed into Law 1990
• Covers employment, state and local government
  services, private businesses, telecommunication
• Prohibits discrimination based on disability

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Definition of Disability Review

• Someone with a physical or mental impairment that
  substantially limits one or more major life
  activitiesor
• Someone with a record or history of a physical or
  mental impairment that substantially limited one
  or more major life activity.or
• Someone who is regarded as having such an
  impairment

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Title I Employment

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Your Knowledge of the ADA And Employment
Provisions
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ADA Quiz Multiple Choice

• How do people with disabilities compare to people
  without disabilities on employment?
• A About the same number are employed
• B People with disabilities have a slightly
  higher rate of unemployment
• C People without disabilities have a higher
  rate of unemployment
• D Twice as many people with disabilities are
  unemployed

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Answer D

• Twice as many people with disabilities are
• unemployed.

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Title I Employment

8

Your Knowledge of the ADA And Employment
Provisions
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ADA Quiz Multiple Choice

• How do people with disabilities compare to people
  without disabilities on employment?
• A About the same number are employed
• B People with disabilities have a slightly
  higher rate of unemployment
• C People without disabilities have a higher
  rate of unemployment
• D Twice as many people with disabilities are
  unemployed

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Answer D

• Twice as many people with disabilities are
• unemployed.

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According to the American Community Survey (2005)

• People with Disabilities
• Average of 37.4 employed
• People without Disabilities
• average of 74.4 employed
• Employment Gap 37
• Survey of working age people 16-64
• not living in institutions

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According to the American Community Survey (2005)

• People with Disabilities
• Average of 37.4 employed
• People without Disabilities
• average of 74.4 employed
• Employment Gap 37
• Survey of working age people 16-64
• not living in institutions

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Next Question

• If you live to the age of 70, the chance of you
  having a disability is
• A. 82
• B. 55
• C. 33
• D. 15

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• Answer A
• There is an 82 chance of having a disability if
  you live to age 70.
• Number of people over 65 today
• 37 million
• Number predicted to be over 65 by 2030
• 71 million!!
• US Census
• Aging Stats

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Next Question

• More than half the accommodations for people with
  disabilities cost
• A. Less than 500
• B. Between 500 - 1,999
• C. Between 2,000 - 5,000
• D. More than business can afford

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Answer A

• Most accommodations for people with disabilities
  cost under 500

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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
• gt1 cost more than 5000
• Source Job Accommodation Network Survey

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Next Question True/False

• The ADA is an affirmative action law for
  individuals with disabilities.

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Answer False

• The ADA provides equal access to the employment
  process but does not require employers to
  proactively hire persons with disabilities.

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(No Transcript)
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Who is Covered

• Employees/Applicants
• Qualified individual who meet the definition of
  disability
• Employers
• All private employers with more than 15 employees
• All state and local government employers

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Employers Not Covered

• Employers with less than 15 employees
• US government executive and judicial branch
  (already covered by Section 504 of the Rehab Act
  of 1973
• Indian Tribes
• Bona fide private membership clubs that are tax
  exempt under Section 501C of the IRS code

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Accessibility Throughout the Employment Process
applications
interviews
On the job
Benefits of the job
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IMPORTANT EMPLOYMENT TERM

• Essential Functions
• Essential functions are the reasons why the
  position exists. Without these duties, the job
  would not exist or would be fundamentally
  different.

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Is it Essential?

• Ask
• Are other employees in the same job required to
  do the function?
• Would removing the function fundamentally change
  the job?

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Is it Essential?

• 3) Does the position exist to perform the
  function?
• 4) What is the number of other employees who
  could do the function or who could share the
  function?
• 5) What is the degree of expertise or skill
  required to perform the function?

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Essential Job Functions

• Also considered
• Employers judgment
• Written job descriptions prepared before
  interviewing or advertising position
• Amount of time spent on task
• Work experience of other people in the same job
• Consequences of not doing the task

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Important Term

• 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.

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Reasonable Accommodations

• Could be.
• Restructuring a job by reallocating marginal job
  functions
• Altering when or how an essential function is
  performed
• Changing the schedule of the work

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Reasonable Accommodations

• Could be.
• Providing interpreters or readers
• Modifying exams, training materials or policies
• Obtaining or modifying equipment

Providing Accommodations is an interactive process
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The Application Process

• Non-discrimination means.
• Job information should be available in an
  accessible location
• Alternative formats as needed
• HR staff trained to take calls
• from tty users and assist
• applicants with disabilities

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Job Postings and Applications

• Applications should not have questions asking
• History of hospitalizations
• Mental or physical impairments
• Workmans compensation history
• Current medications
• Because all answers may tend to disclose a
  disability

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Interviewing

• Permissible Interviewing Inquiries
• An employer CAN ask if
• One can perform the job functions with or without
  reasonable accommodation
• One can perform all the job functions, not just
  the essential functions
• One can meet the attendance requirements of the
  job

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Interviewing

• Interviewing questions should NOT include
• If potential employee will need medical leave
• Questions about potential employees illness or
  disability related to ability to meet attendance
  requirements
• Nature or severity of disability
• Condition causing disability
• Prognosis
• Treatment

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Pre Employment Screening and Testing

• Pre Employment testing
• Must be job related and consistent with the
  business needs
• Must be given with reasonable accommodation
  unless the specific skill requiring accommodation
  is being tested

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Testing Accommodations

• Examples
• Large print, Braille, use of a reader or computer
  for test administration
• Recording test answers by tape recorder,
  dictating equipment or computer
• Simplifying test language
• Scheduling testing at an accessible site
• Offering an equivalent, like an interview

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Medical Examinations

• An employer CANNOT require a medical exam or make
  medical inquiries BEFORE a job offer is made
• Post Job Offer medical screening
• Must happen after the candidate has met all other
  prerequisites
• Must be conducted on all candidates
• Only disqualifications related to the job are
  allowed

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Disclosure

• Reasonable Documentation
• Documentation from an appropriate professional
  concerning the individuals disability and
  functional limitations
• To verify the existence of a disability and the
  need for an accommodation
• Is disclosure of a disability required?

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Practical Tips on Providing Accommodations

• Develop policies and procedures
• Train managers to recognize and respond to
  accommodation requests
• Have a process for determining effectiveness of
  accommodation
• Monitor and update accommodations
• Train new employees
• From JAN Five Practical Tips for Providing and
  Maintaining Effective Accommodations

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Do you know JAN????

• Job Accommodation Network
• Provides on-line library of accommodations for
  different disabilities
• Provides free, confidential technical assistance
  on employment and accommodation questions

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Title II State and Local Government
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Government Agencies and Services Include

• Courthouse
• Library
• Recreation Centers
• Social Services
• Mental Health Services
• Schools
• Jails and Prisons
• Polling Places
• Information (website, phones, newsletters)
• City Councils, Board of Supervisors
• Police and Fire Services
• Emergency Shelters

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Title II Requirements

• Four broad areas of requirements
• General Nondiscrimination
• Program Accessibility
• Equally Effective Communication
• Employment

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Non Discrimination

• No policies or procedures that screen out people
  with disabilities

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Program Access

• State and local government must
• provide full program access to people with
  disabilities.
• One of each type of program must be accessible
  but not at every location
• Agencies that receive government
• contracts must comply as well.

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Program Access

• Methods of achieving program access include
• redesign of equipment
• reassignment to accessible buildings
• home visits
• delivery of services at alternative accessible
  sites
• alteration of existing facilities
• providing auxiliary aids

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Program Access

• Local Government cannot
• require participation in special/separate
  programs
• require a person to accept an accommodation
• use eligibility requirements for programs that
  screen out people with disabilities

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Program Access through Modifications

• Programs must
• Modify policies
• Modify practices
• Modify procedures
• Unless causes undue burden, fundamental alteration

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Simple Changes

• No pets policy
• Drivers license requirement
• No medication/toileting assistance policy at a
  recreation program
• Others?

Service Animals Welcome
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What is a Service Animal and where can they go?

• No ID/Vest required
• Must perform task
• Can accompany owner almost anywhere

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Auxiliary Aids and Effective Communication

• Providing aids and tools to allow all to benefit
  from materials, presentations, services

• Agenda for meeting
• October 2009
• Large Print Version
• Introductions
• What is the ADA
• Disability.

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Auxiliary Aids and Services

• Hearing
• Handwritten Notes
• Qualified Interpreters
• Assistive Listening Systems
• Computer-Aided Transcription Services
• Open and Closed Captioning

• Vision
• Qualified Readers
• Audio Recordings
• Large Print
• Braille
• ASCII Diskettes

• Speech
• Text Telephone
• Computer Terminals
• Speech Synthesizers
• Communication Boards

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Have you considered communication access with
your localitys.

• Meetings
• Websites
• Emergency information and announcements
• Emergency services
• Videos

• Mailings and newsletters
• Applications for employment or services
• Interactive computer stations
• Brochures

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High Tech versus Low TechHow do you choose?

• Consider
• Type of contact
• Simple transaction
• More detailed exchange
• Setting
• One on one
• Group meeting
• Constituent Preference
• What works!!!

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Structural Access

• New Construction
• Any facility that is new
• (built after 1992) must be designed so that it is
  readily accessible and usable by people with
  disabilities (ADAAG/UFAS guidelines)
• Altered Facilities
• When alternations change usability of facility,
  altered portion must be readily accessible and
  usable by people with disabilities

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Structural Access

• Curb Cuts
• Are required to make all new or altered
  sidewalks accessible with curb cuts/curb ramps.
• Localities must ensure curb cuts for sidewalks
  serving ADA covered facilities are first
  priorities (state and local government offices,
  employers, businesses, and transit)
• Curb ramps can be put on transition plan list for
  city.

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Fundamental Alteration and Undue Burden

• Fundamentally alters the program or service
• Too expensive, too administratively cumbersome
• Must have process to determine
• Must consider all resources

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Action Steps

• Designate a responsible employee.
• Provide notice of ADA requirements.
• Establish a grievance procedure.
• Conduct a self-evaluation.
• Develop and work transition plan if locality
  employees 50 or more and structural barriers exist

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Self-Evaluation Plan

• All public entities - regardless of size - must
  conduct a self evaluation. The self-evaluation is
  a comprehensive review of the public entitys
  current policies and practices, including
  communications and employment. Through the
  self-evaluation, the public entity must
• identify any policies or practices that do not
  comply with Title II requirements and
• modify policies and practices to bring them
  into compliance.

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Transition Plan

• The Transition Plan
• Identifies physical obstacles that limit the
  accessibility of the public entitys programs,
  services, or activities to people with
  disabilities
• Describes the methods to be used to make the
  facilities accessible
• Provides a schedule for making the access
  modifications and provides a yearly schedule for
  making the modifications if the transition plan
  is more than one year long and
• Indicates the public official responsible for
  implementation of the transition plan.

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Check Out the Tool Kit!!

• The Department of Justice has a great Tool Kit
  for State and Local Governments available on
  their website
• www.ada.gov

• It contains
• ADA Coordinator Information
• Grievance Procedures
• Effective Communications
• Emergency Services