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Office of Institutional Equity/EEO ADA and ADAAA NMSU RESPECTS Office of Institutional Equity/EEO ADA and ADAAA The Americans with Disabilities Act What.

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Presentation on theme: "Office of Institutional Equity/EEO ADA and ADAAA NMSU RESPECTS Office of Institutional Equity/EEO ADA and ADAAA The Americans with Disabilities Act What."— Presentation transcript:

1 Office of Institutional Equity/EEO ADA and ADAAA NMSU RESPECTS Office of Institutional Equity/EEO ADA and ADAAA The Americans with Disabilities Act What you should know

2 Office of Institutional Equity/EEO ADA and ADAAA Training etiquette:  Please make sure all cell phone ringers, radios, blackberries and iPhones are turned off when possible  Please keep side conversations to a minimum  Please raise your hand to ask questions or offer comments

3 Office of Institutional Equity/EEO ADA and ADAAA OIE/EEO overview:  Review and process EEO-based claims of discrimination and harassment 1.OIE investigates claims of discrimination 2.Presents the facts in a report to the Provost (or designee) 3.The Provost (or designee) makes the determination  Serve as liaison with EEOC, NM HRB, OCR  Initial point of contact for Employee ADA Petition for Accommodation  Ensure implementation of NMSU’s Affirmative Action Plan  Training

4 Office of Institutional Equity/EEO ADA and ADAAA OIE/EEO staff: Gerard R. Nevarez, Executive Director Angela M. Velasco Associate Director Agustin Diaz Associate Director Christina R. Gomez Admin. Asst. Special/Executive Senaida Collins Admin. Asst. General

5 Office of Institutional Equity/EEO ADA and ADAAA OIE/EEO contact information: Mailing Address NMSU-OIE/EEO P.O. Box 30001, MSC 3515 Las Cruces, NM Physical Address: O’Loughlin House 1130 E. University Las Cruces, NM Internal-Department MSC 3515 Office Telephone (575) TDD/TTY (575) Office Fax (575) Office Address Website eeo.nmsu.edu

6 Office of Institutional Equity/EEO ADA and ADAAA Objectives : Gain a basic understanding of disabilities as they relate to:  the workplace  the academic environment  accessibility and facilities

7 Office of Institutional Equity/EEO ADA and ADAAA Disability Laws:  Americans with Disabilities Act of 1990 (ADA) as amended  Americans with Disabilities Act Amendments Act of 2008  Rehabilitation Act of 1973, Section 503, 504  NM Laws

8 Office of Institutional Equity/EEO ADA and ADAAA ADA background:  Became law in 1990, Amendments 2008  Eliminates discrimination against individuals with disabilities (physical or mental)  Gives equal employment and educational opportunities to qualified individuals with disabilities  Does not require employers to hire the disabled  Provides for a “reasonable accommodation” for an individual with disability  Interaction with FMLA & Worker’s Comp

9 Office of Institutional Equity/EEO ADA and ADAAA Qualified disabled individuals:  Meet a job’s skills, knowledge, abilities, experience and other requirements  Perform a job’s “essential functions” with or without reasonable accommodation

10 Office of Institutional Equity/EEO ADA and ADAAA Disability definitions:  A physical or mental impairment that substantially limits one or more major life activities  A record of such an impairment  Being regarded as having such an impairment

11 Office of Institutional Equity/EEO ADA and ADAAA Disability must substantially limit a major life activity:  Seeing, hearing, walking, learning, speaking, sleeping, standing  Permanent or long-term loss of use of arms or legs  Visual, speech or hearing impairment, cancer, HIV, cerebral palsy

12 Office of Institutional Equity/EEO ADA and ADAAA 2008 Amendments (ADAAA):  Major bodily functions (immune system, digestive, bladder, respiratory)  Mitigating measures excluded  Episodic or in remission covered  Broad coverage  No extensive analysis is needed

13 Office of Institutional Equity/EEO ADA and ADAAA A record of a qualifying disability: An employer cannot discriminate against someone with a qualifying disability that is currently cured, controlled or in remission Examples: cancer, heart disease, mental illness

14 Office of Institutional Equity/EEO ADA and ADAAA Regarded as having a qualified disability: Impairment not substantially limited, but treated that way. Example: Not wanting to give a person with controlled high blood pressure a physically strenuous job.

15 Office of Institutional Equity/EEO ADA and ADAAA Regarded as having a qualified disability: Impairment only substantially limited due to others attitudes. Example: A person is not promoted because of a prominent facial scar that makes others uncomfortable.

16 Office of Institutional Equity/EEO ADA and ADAAA Regarded as having a qualified disability: No impairment, but treated as if impaired. Example: A person is fired because of a false rumor that he/she is HIV

17 Office of Institutional Equity/EEO ADA and ADAAA Certain conditions are NOT disabilities:  Sexual behavior  Compulsive gambling, kleptomania, pyromania  Illegal drugs  Sprains, colds  Personality traits (quick temper)

18 Office of Institutional Equity/EEO ADA and ADAAA Using acceptable language: Treat individuals with courtesy and respect.

19 Office of Institutional Equity/EEO ADA and ADAAA Treating disabled individuals fairly & legally:  Avoid employment discrimination  Use objective factual evidence  Medical information is confidential  Supervisors do not make stray remarks

20 Office of Institutional Equity/EEO ADA and ADAAA Considerate interactions:  Speech Impairment: o Listen carefully and patiently; don’t interrupt o Repeat and clarify o Ask questions that can be answered with a nod or a short answer  Hearing Impairment: o Reduce background noise o Speak slowly and clearly o Use natural gestures and facial expressions o Write down detailed or complex communications o Learn basic sign language/hire an interpreter

21 Office of Institutional Equity/EEO ADA and ADAAA Considerate interactions:  Visual Impairment: o Identify yourself o Address individuals by name o Offer elbow ONLY if assistance is accepted o Treat guide dog as assistant, not pet  Limited Mobility: o Sit down when talking to a person in a wheelchair o Don’t lean on the wheelchair o Keep aisles clear o Hold meetings in accessible areas

22 Office of Institutional Equity/EEO ADA and ADAAA Service Animals: When it is not obvious what service an animal provides, only limited inquiries are allowed.  Staff may ask two questions: o Is the dog a service animal required because of a disability? o What work or task has the dog been trained to perform?  Staff cannot ask: o About the person’s disability. o Require medical documentation. o Require a special identification card or training documentation for the dog. o The service animal demonstrate its ability to perform the work or task.  NMSU Policy 3.06 Assistive, Service and Companion Animals on University Premises

23 Office of Institutional Equity/EEO ADA and ADAAA Remember:  Disabled individuals must meet workplace conduct standards  Disabled students must meet the student code of conduct standards  Confidentiality is crucial  What information is not to be shared  Supervisors/Faculty/Staff should not have or request medical information

24 Office of Institutional Equity/EEO ADA and ADAAA The Doctor is In Janet is Dan’s supervisor. Dan is struggling with an extremely difficult emotional situation at home. His wife is a severe alcoholic prone to violent outbursts, and they have two small children. He makes a habit of coming to see Janet when he is particularly distraught, and he confides many of his personal problems to her. These impromptu therapy sessions often last for hours, and he repeatedly tells her how much he appreciates her support. Question: As Dan’s supervisor, what should Janet do?

25 Office of Institutional Equity/EEO ADA and ADAAA Too Sick to Work Mary has disclosed she has been diagnosed with the early stages of multiple sclerosis and that sometimes she tires more easily than usual. You have noticed that Mary’s job performance is suffering; deadlines are not being met, she is late frequently and her work contains frequent errors. In light of these performance problems, you schedule a meeting with Mary. At the meeting you inform her that her work is not satisfactory, probably as a result of her MS. You advise Mary that since she’s been so sick, she just may be too sick to continue working and suggest she consider resigning. You document this conversation in her personnel file ADA Violation?

26 Office of Institutional Equity/EEO ADA and ADAAA You Shouldn’t be Spreading Information about My Disability Maria has worked for you part-time as a customer service representative. While working, she fell and injured her back, leading to a finding of a permanent partial disability, entitling her to workers’ compensation benefits. Last month, Maria sought a transfer to another department, as an office services clerk. She went to see her prospective boss, Joe Burton, to find out if she had a chance of landing the job. Joe knew about Maria’s workers’ compensation injury and asked he if she could handle the physical demands of an office services clerk. Maria responded that she thought she could. Joe wanted to make sure and sent her to a local clinic for an evaluation. The clinic determined that Maria had a lifting restriction of pounds. Joe was concerned that Maria’s limitations would adversely affect the department morale, particularly if co-workers’ scheduled and/or tasks would have to be altered to accommodate Maria. Joe talked to his staff about Maria’s limitations. The next week Joe called Maria to tell her the good news: he was approving her transfer. Maria received favorable performance appraisals in her new job, but her co-workers treated her patronizingly, making jokes about how she only gets the easy tasks because of her so-called disability, that there’s probably nothing wrong with her at all, and accusing her of being a baby.

27 Office of Institutional Equity/EEO ADA and ADAAA Split Personality Situation: You are Carol’s supervisor. She is very good at her job, but she is extremely moody. One day she’ll be friendly and generous, and the next day she’ll be rude or standoffish in her interactions with other employees. So one day, when Carol is out of the office, you have lunch with a group of employees and discover that Carol is a favorite subject of discussion among her coworkers. Several people make comments like, “Carol needs a shrink” and “We need to get that girl some anti-depressants.” Question: What should you do as a supervisor?

28 Office of Institutional Equity/EEO ADA and ADAAA Reasonable accommodation process:  Employee: o Sufficient notice is given o Reasonable Accommodation Request Form is completed. o Essential Job Functions Questionnaire o Reasonable Accommodation documentation is reviewed. o Importance of Interactive process o Role of ADA Review Committee  Student: o Refer Student to Accessibility Services Department o Student will work with the Accessibilities Services Coordinator to complete the necessary steps for approved services

29 Office of Institutional Equity/EEO ADA and ADAAA Factors:  Broad Definition of Disability  Is it reasonable?  Review essential job functions  Assess whether accommodation permits employee to perform essential functions  Is it an undue hardship? Health/Safety issues?  No specific wording, no magic words  Alternative accommodation  Appropriate academic accommodations for Students

30 Office of Institutional Equity/EEO ADA and ADAAA Examples of reasonable accommodation  Employee o Different job o Being away o Moving office o Assistive Technology  Student o Note taking services o Sign language interpreting services o Alternative format of reading materials o Testing accommodations o Service animals

31 Office of Institutional Equity/EEO ADA and ADAAA Accessibility:  Workplace  Classrooms  Websites  Job Applicants  Campus Visitors

32 Office of Institutional Equity/EEO ADA and ADAAA Resource  External Resources:  Job Accommodation Network –  Internal Resource:  Office of Institutional Equity – or  NMSU-Las Cruces Student Accessibility Services –  NMSU-Alamogordo Accessibility Services Department:

33 Office of Institutional Equity/EEO ADA and ADAAA THANK YOU


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