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Risk Management Initiative : Americans with Disabilities Act Module Office of the Vice President for Ethics and Compliance Office of the Vice President.

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Presentation on theme: "Risk Management Initiative : Americans with Disabilities Act Module Office of the Vice President for Ethics and Compliance Office of the Vice President."— Presentation transcript:

1 Risk Management Initiative : Americans with Disabilities Act Module Office of the Vice President for Ethics and Compliance Office of the Vice President for Human Resources

2 Learning Goal and Objectives GOAL: Ensure all members of the University community are treated with respect and dignity to create an environment free from disability-related discrimination and harassment Understand how to better interact with individuals with disabilities. Have a basic understanding of the Americans with Disabilities Act, as amended (ADA). Identify University resources for employees who may have a disability and need reasonable accommodations. Apply knowledge of Purdue’s policies on nondiscrimination and equal opportunity to recognize possible requests for reasonable accommodation.

3 Why Is This Training Important? People with disabilities are the largest minority group in the United States, making up an estimated 20% of the total population. There are 133 million people in the United States living with a chronic health condition. That number is expected to increase to 150 million by Attitudes and stereotypes remain the main barriers to successful employment reported by people with disabilities.

4 “People First” Treat adults as adults Use people-first language Use eye contact and speak directly to the person with the disability If you offer assistance, wait until the offer is accepted Be considerate of the extra time that it may take a person with a disability to perform a major life activity Everyone makes mistakes from time to time; if you make a mistake and offend someone, apologize Don’t make assumptions - everyone is different Relax, it is okay to ask questions when you are unsure of what to do

5 Overview of the ADA Protects individuals from discrimination on the basis of his/her disability, perceived disability, or association with an individual with a disability Requires employers to provide reasonable accommodations to qualified individuals with a disability to allow the person to perform the essential functions of his or her job Restricts disability-related inquiries

6 Who is a Person with a Disability? A physical or mental impairment that substantially limits a major life activity ‒ The impairment’s impact on the major life activity is evaluated without regard to mitigating measures such as medical treatment, medication, or assistive devices Record of such an impairment Regarded as having such an impairment

7 Examples of Qualifying Physical or Mental Impairments Autism Cancer Diabetes Deafness Blindness Cerebral Palsy Post-Traumatic Stress Disorder Obsessive-Compulsive Disorder Partially or Completely Missing Limbs Mobility Impairments Requiring the Use of a Wheelchair Intellectual Disability Epilepsy HIV/AIDS Bipolar Disorder Major Depression Multiple Sclerosis Muscular Dystrophy

8 Qualified Individual With a Disability A qualified individual is someone who: Meets the skill, experience, and education requirements of the position; and Can perform the essential functions or basic duties of the job, with or without a reasonable accommodation.

9 Reasonable Accommodation A reasonable accommodation is any modification or adjustment to a job, practice, policy, or the work environment that allows an individual with a disability to participate equally in an employment opportunity. Examples include: ‒ Making existing facilities accessible ‒ Modifying a work schedule ‒ Altering training materials, tests, or policies ‒ Acquiring or modifying equipment ‒ Providing an interpreter ‒ Restructuring a job ‒ Leave without pay ‒ Reassignment to a vacant position

10 Reasonable Accommodation The ADA requires employers to provide accommodations to qualified individuals with disabilities: ‒ Reasonable accommodations, not all accommodations; ‒ Effective accommodations, not preferred accommodations; ‒ Accommodations must not pose an undue hardship to the employer It is the employee’s responsibility to make a request ‒ No “magic words” required

11 Reasonable Accommodation Process Employee or Supervisor contacts Human Resources to request assistance ‒ Confidential medical information is not shared with the supervisor at any point during this process A trained evaluator within Human Resources will obtain and review medical documentation and determine: ‒ Whether the employee is a qualified individual with a disability; and, if so, ‒ What accommodations are both reasonable and effective in assisting the employee

12 Requesting a Reasonable Accommodation To make a request for a reasonable accommodation, please contact your Human Resources office.

13 Manager Responsibilities Work with HR to spot ADA issues and work through the interactive accommodation process ‒ ADA may be implicated if: o Employee raises issue of injury, illness or medical condition affecting job performance o Excessive absences o Employee is close to or has run out of all available paid leave o Employee provides a doctor’s note with work restrictions Tell the employee to contact HR for help

14 Scenario: Martha Martha, a computer specialist, has fibromyalgia and experiences flare ups of major fatigue and pain affecting her ability to perform manual tasks such as walking and daily household chores. She has requested a flexible work schedule and the ability to work from home which would require the use of a computer and remote access. – Are Martha’s requests reasonable? o Probably. – What if Martha’s job was a line cook? Would her request for a flexible work schedule and ability to work from home be reasonable? o Unlikely.

15 Scenario: Juan Juan, a receptionist, recently lost most use of his right arm. He informs his supervisor that performing certain office tasks takes him much longer with his left hand. His supervisor replied that Juan still needs to meet deadlines. –Did Juan request an accommodation? o Yes. –Did the employer engage in the interactive process? o No. –Does Juan have to meet the deadlines with or without a reasonable accommodation? o Yes, if meeting deadlines is an essential function of his job. Here, the supervisor should have referred Juan to Human Resources to determine what reasonable accommodations could have assisted him in meeting deadlines.

16 Employee Privacy: Medical Information Medical information is not shared with a supervisor Accommodation information is shared on a need- to-know basis ‒ Includes information regarding applicants for positions Co-workers are not entitled to any medical information Human Resources stores all medical Information

17 Employee Privacy: Medical Inquiries Applicants ‒ No questions about medical status, medical history, disabilities, or severity of any medical condition ‒ Can ask if they can perform job functions Employees ‒ No questions about medical status, medical history, family medical history, or specifics about disabilities or medical conditions ‒ Tell employees that you are concerned, but you cannot discuss these issues with them for employee’s and manager’s protection ‒ Refer to Human Resources

18 Summary Use “people first” language to focus on the individual first and foremost rather than on the individual’s disability The ADA, as amended: – Protects individuals from discrimination on the basis of his/her disability – Requires employers to provide reasonable accommodations to qualified individuals with a disability – Restricts disability-related inquiries There are numerous resources available for individuals who may have a disability and need reasonable accommodations It is the employee’s responsibility to make a request for reasonable accommodation; there are no magic words the employee has to say to be considered a request for a reasonable accommodation

19 Conclusion For questions about this training please contact Please be sure to complete the certification quiz in WebCert. Thank you!


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