GETTING PRACTICAL GETTING PRACTICAL ADA AND ACCOMMODATION ADA AND ACCOMMODATION

ISSUES ON CAMPUSISSUES ON CAMPUS

Michael C. Harrington, EsquireMurtha Cullina LLPLaura Rothstein, ProfessorUniversity of LouisvilleSusan Wheeler, EsquireJames Madison University

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1. Federal and/or State Law

2. Interactions with other laws, such as FMLA, Fair Housing Act, etc.

3. Who is Disabled? The 2008 ADA Amendments have opened issues

previously settled.

4. What is a reasonable accommodation? New technology? Is the person a direct threat?

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Elements of a Disability/Reasonable Accommodation Claim

1. Is the person legally disabled? Federal Law? State Law?

2. If so, engage in an “interactive process” to discuss whether a reasonable accommodation can be provided.

3. Provide a reasonable accommodation, unless to do so creates an “undue hardship.”

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Who Is Legally Disabled?

Federal Law ADA with the 2008 Amendments Rehabilitation Act Fair Housing Act

State Law

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Perceived Disability

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Second Chance

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Direct Threat

To self? To others? Accommodation eliminates threat? Perceived? Focus on objective behaviors.

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Requesting An Accommodation

What is your policy/procedure? Who is involved? Where is it published? Are Supervisors/Faculty trained?

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Essential Job Functions

Person must be qualified So what is “qualified”?

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The Interactive Process

Dialogue…two-way conversation. Open Mind! Problem Solving Mode.

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Common Accommodations

Admissions Process Examination Procedures/Additional Time Modification of Deadlines Alternative/Flexible Work Schedules Relief from Non-Essential Job Functions Transfer to Alternative, Available Positions Auxiliary Aids/Services

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Managing Under-Performing Students/Employees What are the specific issues? Has the student/employee

been put on notice? Documented?

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Questions? Comments? Concerns?