ADA Training for Supervisors

HCPS - Human Resources Department

What is ADA?

THE AMERICANS WITH DISABILITIES ACT

• Applies to all employers with 15 or more employees

• Protects individuals with disabilities from discrimination

• Requires “reasonable accommodation” if needed in order to perform “essential functions” of a job

• ADA is enforced by the U.S. Equal Opportunity Commission, but many states also have similar laws to ADA which are enforced locally

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Disabilities Related to Employment

The ADA makes it unlawful to discriminate in allemployment practices such as:

• Recruiting• Hiring• Terminations• Training• Job Assignments• Promotions• Pay• Benefits• Layoffs• Leaves• All other employment related activities

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What is a Disability?

• Individual has physical or mental impairment which substantially limits a major life activity

• Has a record or documentation of such an impairment

• Individual is regarded as having such an impairment (included being subjected to prohibited action because of actual or perceived impairment whether or not impairment limits a major life activity)

Does not apply to impairment with an actual or expected duration of six months or less

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What is a Disability? (cont’d.)

• Whether impairment substantially limiting made without regard to “ameliorative effects” of mitigating measures

• Defines mitigating measures as including:MedicationMedical supplies, equipment or appliancesLow-vision devices (not including ordinary eyeglasses or contactsProstheticsHearing aids and other hearing devicesMobility devicesOther types of medical assistance or therapy

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What is a Disability? (cont’d.)

• Impairment that substantially limits one major life activity need not limit other major life activities to be considered a disability

• Definition of a “major life activity” includes:

- caring for oneself - bending - seeing- performing manual tasks - speaking - breathing- cearing - reading - working- concentrating - learning - eating- communicating - sleeping - walking- thinking - standing - lifting

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What is a Disability? (cont’d.)

Major bodily functions:

• Immune system• Digestive• Bowel• Bladder• Respiratory• Circulatory• Reproductive functions• Endocrine• Neurological (e.g. dyslexia – brain and learning disabilities)

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Disability & Substance Abuse

Alcohol• An alcoholic is protected by the ADA as having a disability

A person who currently uses alcohol is not automatically denied protection simply because of the alcohol use. An alcoholic is a person with a disability under the ADA and may be entitled to consideration of accommodation, if s/he is qualified to perform the essential functions of a job. However, an employer may discipline, discharge or deny employment to an alcoholic whose use of alcohol adversely affects job performance or conduct to the extent that s/he is not “qualified.”

Drugs• A drug addict is protected as having a disability only if he or she is receiving

recovery treatment and is not a current user Persons addicted to drugs, but who are no longer using drugs illegally and are

receiving treatment for drug addiction or who have been rehabilitated successfully, are protected by the ADA from discrimination on the basis of past drug addiction.

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Making Accommodations• Individuals with disabilities may require an accommodation to

perform the essential functions of a job• Essential job functions are the fundamental duties of that job• A job function may be considered essential for any of several

reasons, such as:The job exists to perform that functionThe function requires specialized skills or expertise and the person is

hired for that expertiseThere is only a limited number of employees to perform the function

• Examples of essential job function accommodations:Providing a special phone for a receptionist with a hearing impairmentProviding frequent stretch breaks for an employee with

muscular/joint/vascular disorder whose job requires long periods of sitting/standing

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Making Accommodations (Cont’d.)

• Accommodations: “reasonable & without “undue hardship”

• These criteria are very high standards and cannot be easily demonstrated

• Tolerating poor performance unrelated to a disability is not an accommodation

• Partner with Human Resources when assessing what is reasonable and what constitutes undue hardship

• Always maintain privacy of individuals with disabilities

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Noncompliance

• ADA is enforced by the Equal Employment Opportunity Commission (EEOC)

• 2004 – UPS case• $9.9 million for not hiring deaf drivers

• 2005 Walmart• $7.5 million for not hiring applicant with cerebral

palsy

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Summary• The ADA makes it unlawful to discriminate in all employment

practices, including pre-employment

• A disability can be physical or mental and includes substance (alcohol & drug) abuse

• Reasonable accommodations should be considered for applicants and employees who can perform the essential job functions with an accommodation – what’s reasonable will vary by each unique situation

• There are serious legal consequences to violating the ADA in addition to the harmful affect on the employer’s reputation in the community

• It’s important to work with HR when an accommodation is requested or required

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Questions or Comments?

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HCPS - Human Resources Department

Course Evaluation

Please be sure to complete and leave the evaluation sheet you received

with your handouts

Thank you for your attention and interest!

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HCPS - Human Resources Department