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ADA TRAINING Americans with Disabilities Act. OVERVIEW ADA was enacted in 1990 and revised substantially effective January 1, 2009 ADA prohibits employers.

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Presentation on theme: "ADA TRAINING Americans with Disabilities Act. OVERVIEW ADA was enacted in 1990 and revised substantially effective January 1, 2009 ADA prohibits employers."— Presentation transcript:

1 ADA TRAINING Americans with Disabilities Act

2 OVERVIEW ADA was enacted in 1990 and revised substantially effective January 1, 2009 ADA prohibits employers from: Discriminating against qualified persons with disabilities Discriminating against employees based on their relationship with a disabled person Retaliating against anyone who participates in a charge of disability-based discrimination ADA requires employers to make reasonable accommodation for persons with disabilities. 2

3 ges/ted/150749_800x600.jpg?ll=1&quality=89 &w=800 ges/ted/150749_800x600.jpg?ll=1&quality=89 &w=800 Please watch the first four minutes. 3 TERMINOLOGY AND DEFINITIONS

4 DEFINTIONS QUIZ Review the definitions on this slide and then match them up with the words on the next slide. 1.This is the firing or demotion of an employee for reporting an ADA violation. 2.This is a condition that substantially limits one or more major life functions. 3.Everyone regardless of disability, must be able to perform this aspect of the job. 4.Concentration is one example of this. 5.Employers may claim that they cannot accommodate a disability on this basis. 6.This enables some employees with disabilities to do their job. 7.It substantially revised the American with Disabilities Act. 4

5 Definitions Match: Put the number from the previous list of definitions by the correct phrase Reasonable accommodation ______ Undue Hardship ______ ADA Amendments Act ______ Retaliation ______ Disability ______ Major Life Activity ______ Essential Function ______ 5

6 Defining Terminology 1.Reasonable accommodation: This allow some employees with disabilities to do their jobs. 2.Undue Hardship: Employees may claim that they cannot accommodate a disability on this basis. 3.ADA Amendments Act: It substantially revised the American with Disabilities Act 4.Retaliation: This is the firing or demotion of an employee for reporting on an ADA violation. 5.Disability: This is a condition that substantially limits one or more major life functions. 6.Major Life Activity: Walking is one example of this. 7.Essential Function: Everyone regardless of a disability must be able to perform this aspect of their job. 6

7 Distinction between Disability and Handicap A Disability is a condition caused by an accident, trauma, genetics or disease which may limit a person’s mobility, hearing, vision, speech or mental function. Some people with disabilities have one or more disabilities. A Handicap is a physical or attitudinal constraint that is imposed upon a person, regardless of whether that person has a disability. Webster’s Ninth New Collegiate Dictionary defines handicap as to put at a disadvantage. Example: Some people with disabilities use wheelchairs. Stairs, narrow doorways and curbs are handicaps imposed upon people with disabilities who use wheelchairs. 7

8 Persons with Disabilities Congress’ definition of “disability” is broad ADA applies to persons with disabilities who can perform essential functions of a job with or without reasonable accommodation. A person with a disability is someone who- Has a physical or mental condition that substantially limits one or more major life activities or Has a record of such a condition, or Is regarded as having such a condition 8

9 Essential Job Functions A person with a disability must have the right educational/professional background and perform essential functions of a job. Whether a function is considered essential depends on- How much time must be spent performing the function Consequences of removing the function Whether there are limited people available to perform the function Terms of collective bargaining agreement A disabled person cannot be disqualified from employment for being unable to perform a non- essential or incidental function. 9

10 Reasonable Accommodation Work environment or job must be modified to enable job performance, e.g.: Part-time or modified schedules Job restructuring Job reassignment Provision of auxiliary aids and services Modification to a job or work site 10

11 AWARENESS QUIZ 1.A resident has requested a sign language interpreter for a public meeting. The resident is required to pay for the cost of the interpreter services. True False 2.When speaking to someone with a disability and that person is with an aide who is assisting them, you should talk to the aide. True False 3.You can require a person using a service animal for assistance to provide you with the information as to what type of disability they have and what the service animal does to assist them. True False 4.All the City public documents, including meeting announcements, including those published in the newspaper, must contain “language to be used on all Public Agenda Documents” found in the City’s ADA Toolkit. True False 5.People with disabilities are covered under the City’s Anti-Harassment, Discrimination and Retaliation Policy. True False 11

12 Answers to Quiz 1. False. The City must provide sign language interpreters for any resident conducting City business. 2. False. When talking with a person with a disability, speak directly to the person rather than through a companion or sign language interpreter. 3. False. You can ask only two questions: Is the service animal required because of a disability? What work or task has the service animal been trained to perform. 4. True True. The City cannot discriminate again an employee on the basis of a disability in any aspect of the employment relationship. 12

13 CONVERSATION TIPS 1.Assume nothing. If you have a question about what to do, what language or terminology to use, what assistance, if any, they might need, the person with the disability should be your first and best resource. Do not be afraid to ask. 2.Be patient. Not only with the person with the disability but with yourself. Frustration may come from both sides of the conversation and needs to be understood and dealt with by both parties. 3.Focus on the goal of the communication. This is simply a conversation between two people. 13

14 ANOTHER PERSPECTIVE g-stella-young/ g-stella-young/ Australian comedian, Stella Young, who died suddenly at the age of 32 in December 2014, has campaigned for disability rights locally since her teens. But it was her 2014 Ted Talk on “inspiration porn” that got the world thinking. 14


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