Americans with Disabilities Act

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Americans with Disabilities Act FMLA

• Cynthia Chavez
• Ernie Pearmine
• Nathan Powell
• Cody Timmins
• Ben Shaver

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What is the ADA?

• Prohibits employment discrimination against
  qualified disabled individuals.
• Aims to reduce or eliminate discrimination
• Requires employers to make reasonable
  accommodations
• Unless doing so imposes undue hardship on the
  business

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Who?

• Employment
• Transportation
• Public accommodation
• Communications
• Governmental activities
• Establishes requirements for telecommunications
  relay services

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What qualifies Impairment?

• Cosmetic disfigurement
• Anatomical loss
• Mental or physiological disorder or condition

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ADA Does Not Cover

• Homosexuality
• Bisexuality
• Voyeurism
• Compulsive gambling
• Pyromania
• Disorders resulting from the current use of
  illegal drugs

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Reasonable Accommodation

• Redesigning the job
• Modifying work schedules
• Modifying or acquiring equipment or other devices
  to assist the person in performing the job

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The ADA at Work

• 96 of ADA cases favor the employers.
• Cause of failed suits was because employees were
  failing to show that they were disabled and
  qualified to do the job.
• Disabilities have to fit under the ADAs
  definition in order to qualify.
• Intellectual disabilities are covered including
  low IQs (70-75).

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The ADA at Work

• Toyota Motor Manufacturing of Kentucky, Inc. v.
  Williams
• U.S. Supreme court ruled that physical
  impairments must affect not only your performance
  at work but also your daily living in order to
  qualify under the ADA.
• Home Depot
• Home Depots policies state that anyone who cant
  hear coworkers warnings are prohibited from
  operating forklifts which barred all deaf
  employees from receiving proper training and
  therefore keeping them from a certain task.
• Upheld in court as to not violating the ADA
  because it is stated in the companies policies.

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• Improving Productivity Through HRIS

• Technological advancements improving
  accommodation for those with disabilities
• Voice Recognition Software
• Word Prediction Software
• Teletype-writer
• Benefits
• Retaining of Employees
• More Diverse Work Force
• Attract New Customers
• Case Study

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Implications For Managers

• Employers cant make pre-employment inquiries
• Employers have to make an effort to accommodate
• Employers should evaluate the disability and how
  it will effect the employees performance

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Implications For Managers

• QUESTIONS TO ASK
• Is the Employee qualified for the job?
• What will and will not be excused. Ex late to
  work
• Is there a position that will fit this employee?
  Ex Light duty

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Equal Employment

• ADA Title I
• Covers employers with 15 employees.
• Provide equal opportunity to individuals with
  disabilities.
• Prohibit discrimination.
• Reasonable accommodations.

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FMLA

• Private employers of 50 employees must provide
  up to 12 weeks of unpaid leave for employee or
  family illness.
• Can require employee to use sick leave.
• Heath benefits continue.
• Must guarantee employees right to return.

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FMLA

• Managers can be held personally liable for
  supervisory actions regarding FMLA.
• Eleven (book says seven) states have expanded
  FMLA with small necessities leave laws.
• visiting physicians, attending school activities.

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Questions?