Notes
Slide Show
Outline
1
AN OVERVIEW OF TITLE I OF THE AMERICANS WITH DISABILITIES ACT
  • Who is a Covered Employer?
  • Who is a Qualified Individual with a Disability?
  • What is a Reasonable Accommodation?
2
Who Is A Covered Employer

  • 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.


3
The ADA also applies to state and local governments.
  • 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.



4
Federal Government Not Covered by the ADA
  • 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.
5
Who Is A Qualified Individual With A Disability
  • 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.
6
Mitigating Measures Rule:
  • 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.


7
Four ways a Person Without a Disability May be Protected by the ADA:
  • 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.
8
Being Qualified Under the ADA
Skills, Experience and Education
  • 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.


9
ADA Statutory Provision
  • 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).


10
ADA Definition of Reasonable Accommodation
  • 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.


11
Confidentiality of Medical Records
  • 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


12
When can disability related questions be asked?
  • 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
13
Accessing Center Services
  • 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.