ADA Basics Training

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ADA Basics Training

• Emily Fisher
• Virginia ADA Coalition

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Overview

• The ADA, or Americans with Disabilities Act, was
  signed into law in 1990. The ADA prohibits
  discrimination based on disability
• The ADA covers employment state and local
  government services and private businesses
• The ADA requires that these entities remove
  barriers that prevent people with disabilities
  from being full citizens

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ADA Amendments Act (ADAAA)

• ADA Amendments Act signed into law September
  2008
• Restored protections of ADA that had been
  narrowed by court decisions
• Clarified definition of disability

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ADA Regulations 2010-Title II and III ADA
Standards 2010

• ADA Regulations and Accessibility Standards were
  updated in 2010
• Critical changes are noted in this presentation,
  but for more details, go to www.ada.gov

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Who is Considered Disabled Under the ADA?

• A person is considered disabled if they meet any
  one of the following criteria
• 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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Major Life Activities

• Caring for Oneself
• Performing Manual Tasks
• Walking
• Seeing
• Hearing
• Speaking
• Breathing
• Reproduction
• Working
• Sleeping
• ADAAA Adds Bodily Functions to Major Life
  Activities List

• Learning
• Sitting
• Standing
• Lifting
• Reading
• Thinking
• Interacting with Others
• Concentrating

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Record or History of Substantial Limitation

• Person with a record or history of an impairment
  might include
• Cancer Survivor
• Person with history of heart attack
• Brain Injury Survivor
• Person with history of Mental Illness
• Person with history of drug/alcohol addiction
• Intermittent Disabilities (Epilepsy, Lupus, MS)

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Regarded as Having a Disability

• Person regarded as having a disability would
  include
• Someone with a visible birthmark/scar
• Someone rumored to have a disability
• Someone with a impairment that doesnt limit them
  substantially, but others regard them as limited
  (high blood pressure controlled diabetes
  controlled seizures)

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ADA Organization

• The ADA is set up in Titles, like chapters, that
  address different topics.
• Title I Employment
• Title II State and Local Services
• Title III Public Accommodations
• Title IV Telecommunication
• Title V Miscellaneous

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Title I Employment

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FACT

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

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Who is covered under ADAs Employment
Requirements

• Employees
• A qualified individual who
• has
• has a record of, or
• is regarded as having
• a physical or mental impairment (or bodily
  function that substantially limits a major
  life activity.

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Who is covered under Title I

• Employers
• All private employers with more than 15 employees
• State and local government employers of any size
  (under Title II and Title I)

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Employers Not Covered By ADA

• 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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Elements addressed by ADA

• The ADA covers all elements of the employment
  including
• Applications, Interviewing, Screening and Hiring
• On the job once hired
• Benefits and privileges of employment

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IMPORTANT TERMS TO KNOW

• Essential Functions
• Reasonable Accommodations

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Essential Functions

• Essential Functions are
• The tasks for which the position exists. Without
  these duties, the job would not exist or would be
  fundamentally different.

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Reasonable Accommodations

• Reasonable Accommodations are defined as
• 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.
• Altering when or how an essential function is
  performed
• Changing the schedule of the work
• Providing interpreters or readers
• Modifying exams, training materials or policies
• Obtaining or modifying equipment (like
  tty/lighted alarms, etc)

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Reasonable Accommodations

• Employers are REQUIRED to provide reasonable
  accommodations unless to do so would cause an
  undue burden.
• Employer can choose the cheaper or easier
  accommodation if several accommodations will work

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Applications and Interviewing

• No questions regarding disability should be
  listed on the application--this includes
  questions on history of workers compensation
  claims, previous work injuries, medical history,
  etc.
• Job seeker responsible for requesting needed
  accommodations for interview
• Employer pays for
• accommodations needed

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Interviewing

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

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Interviewing

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

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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

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Filing Employment Discrimination Complaints

• Filed with EEOC
• Must be filed within 180 days of incident of
  discrimination
• EEOC will provide Right to Sue letter to
  employee or could file own lawsuit
• Lawsuits can only be filed after EEOC has issued
  a Right to Sue letter

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Title IIState and Local Government

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

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General Requirements

• 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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Government Programs and Services Covered by the
ADA

• Courthouse
• Library
• Recreation Center
• Senior Adult Community Center
• Social Services (foster care, food stamps)
• Mental Health (including emergency and hotlines)
• Schools
• Polling Places
• Information (website, phones, newsletters)

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Are These Places Accessible?

• Parking
• Entrance
• Primary Service Area
• Restrooms
• Meeting rooms

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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 (like interpreters, CART
  services, assistive listening devices etc)

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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 Policy Modification

• Programs must make reasonable modifications of
  policies, practices and procedures to avoid
  discrimination unless the modification would
  fundamentally alter the activities and services.