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1
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- Who is a Covered Employer?
- Who is a Qualified Individual with a Disability?
- What is a Reasonable Accommodation?
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2
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- Includes employment agencies and labor unions.
- Includes a location or facility of a business with less than 15
employees whose total number of employees for the company in all
locations and facilities combined equals 15 or more.
- Other laws may apply to persons with disabilities who are employed by
smaller businesses.
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3
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- Includes all state and local governmental agencies, departments and
entities regardless of their size or number of employees.
- Examples of state and local employers include: public schools, public universities,
police and fire departments, public libraries, museums, public parks and
recreation facilities, and social welfare offices.
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4
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- Federal employers are covered by the Rehabilitation Act of 1973. However, the protections available
under the ADA are also available under the Rehabilitation Act. The main difference between these two
laws are the administrative procedures that an employee or applicant
must exhaust to later be able to file a lawsuit.
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5
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- 1. QID: To be protected by the
ADA, a person must be able to prove s/he is a qualified individual with
a disability.
- 2. Disability: The term
"disability" has a special meaning under the ADA.
- Disability under the ADA means a physical or mental impairment that
substantially limits one or more major life activities.
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6
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- Effect of Medication and Corrective Devices on Disability Determination
- Sometimes, medication, corrective devices, such as eye glasses and
hearing aids, may actually fully correct a medical condition or
impairment.
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7
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- A qualified individual with a physical or mental disability
- A qualified individual who has a record of a disability or substantially
limiting impairment.
- A qualified individual who is regarded as having such an impairment.
- An individual who has a known relationship or association with an
individual with a disability.
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8
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- A person with a disability must meet the minimum job qualifications for
the job. Job qualifications include but are not limited to the skill,
experience, education, medical, safety, physical and other requirements
a covered employer sets as requirements for a job.
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9
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- Discrimination includes an employer’s failure to make reasonable
accommodations to the known physical or mental limitations of an
otherwise qualified employee or applicant, unless the employer can
demonstrate that the accommodation would impose an undue hardship on the
operation of its business. 42
U.S.C. § 12112(b)(5)(A).
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10
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- Includes making facilities accessible and usable by individuals with
disabilities;
- Job restructuring;
- Part-time or modified work schedules;
- Acquisition or modification of equipment or devices;
- Appropriate adjustment or modification of examinations, training
materials or policies;
- The provisions of qualified interpreters and readers; and
- Reassignment to a vacant position; and
- Any other similar accommodations for people with disabilities.
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11
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- Information obtained is collected and maintained on separate forms in
separate locked files
- Information is treated like confidential record
- Limited access for filing
- Limited disclosure
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12
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- Yes – After job offer extended but before you actually begin work OR
- Yes – After first day of work BUT ONLY IF job related and consistent
with business necessity
- NO- If not for reasons above OR anytime before job offer extended
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13
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- One may contact the Center for assistance during Short Term Assistance
Team’s (STAT) hours of operation:
- Monday, Tuesday, Thursday and Friday from 9:00 a.m. – 1:00 p.m. at (602)
274-6298 or toll free (800) 927-2260.
- Our receptionist takes brief information on the issue, which is provided
to STAT’s Information & Referral Supervisor for review.
- Due to the volume of requests we receive, we are unable to respond
immediately to each request, however, the call will be returned at our
earliest opportunity.
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