1. Iowa Civil Rights Commission Disclaimer The information contained in this presentation is a brief overview and should not be construed as legal advice or exhaustive coverage of the topic.

2. DISABILITY DISCRIMINATION IN EMPLOYMENT DISABILITY DISCRIMINATION IN EMPLOYMENT b What is it ? b How do we prevent it ?

3. DISABILITY DISCRIMINATION DISABILITY DISCRIMINATION Occurs when a person with a disability is treated differently from a similarly-situated non disabled person with regard to: Occurs when a person with a disability is treated differently from a similarly-situated non disabled person with regard to: - An employment decision - An employment decision - Terms and conditions of employment - Terms and conditions of employment Because of that person’s disability Because of that person’s disability

4. DISABILITY DISCRIMINATION DISABILITY DISCRIMINATION Also occurs when an employer fails to provide a reasonable accommodation for an employee with a disability Also occurs when an employer fails to provide a reasonable accommodation for an employee with a disability

5. THE AMERICANS WITH DISABILITIES ACT ADA (1990) Federal anti-discrimination law that prohibits discrimination, on the part of employers with 15 or more employees, against qualified persons with a disability in any aspect of employment practice Federal anti-discrimination law that prohibits discrimination, on the part of employers with 15 or more employees, against qualified persons with a disability in any aspect of employment practice

6. WHO IS A PERSON WITH A DISABILITY ? Someone who has significant difficulty performing a major life activity, ( breathing, walking, talking, seeing, hearing, learning, etc. ) as a result of a physical or mental condition. This has to be a substantial difficulty, and not just a temporary one. Someone who has significant difficulty performing a major life activity, ( breathing, walking, talking, seeing, hearing, learning, etc. ) as a result of a physical or mental condition. This has to be a substantial difficulty, and not just a temporary one.

7. WHO IS A PERSON WITH A DISABILITY ? Someone who has a past record of a disability or condition. The person may no longer have a difficulty, but had this in the past. Someone who has a past record of a disability or condition. The person may no longer have a difficulty, but had this in the past.

8. WHO IS A PERSON WITH A DISABILITY ? A person who is regarded or perceived as having a disability A person who is regarded or perceived as having a disability

9. WHO IS A QUALIFIED PERSON WITH A DISABILITY ? WHO IS A QUALIFIED PERSON WITH A DISABILITY ? Someone who meets all of the following criteria: Someone who meets all of the following criteria: b Meets the definition of a person with a disability b Meets all the prerequisites for a job in terms of education, experience, or other requirements b Is able to perform the essential functions of the job, with or without a reasonable accommodation

10. CONDITIONS WHICH ARE NOT CONSIDERED A DISABILITY b A temporary condition, not expected to be long-term, chronic or permanent b Personal characteristics: Left-handedness, height and weight within normal range. b Current illegal drug use b Sexual disorders b Compulsive gambling, kleptomania, pyromania

11. REASONABLE ACCOMMODATIONS Accommodations which make it possible for people with disabilities to be employed Accommodations which make it possible for people with disabilities to be employed and perform the essential functions of the job. and perform the essential functions of the job.

12. REASONABLE ACCOMMODATIONS Might include the following: b Modifying work hours or offering part time work b Buying or modifying equipment or devices b Changing job descriptions, especially with regard to minor job functions b Altering physical facilities to make them accessible and usable.

13. WHAT IS NOT A REASONABLE ACCOMMODATION? WHAT IS NOT A REASONABLE ACCOMMODATION? b Lowering performance standards b Providing additional paid leave ( in contrast with providing unpaid leave ) b Waiving warranted discipline, even if disability played a role in the conduct worthy of discipline b Removing or reallocating essential job fuctions b Creating a new position or bumping another employee to create a vacancy for reassignment.

14. “UNDUE HARDSHIP” “UNDUE HARDSHIP” b Significant difficulty or expense in providing a reasonable accommodation b Factors to be considered: -O verall financial resources of employer -O verall financial resources of employer -Type of operation -Type of operation -Number of employees -Number of employees -Impact of accommodation on the operation -Impact of accommodation on the operation

15. WHAT ARE ESSENTIAL JOB FUNCTIONS ? WHAT ARE ESSENTIAL JOB FUNCTIONS ? Essential job functions are tasks that are fundamental, not marginal, to a job. Essential job functions are tasks that are fundamental, not marginal, to a job.

16. DETERMINING ESSENTIAL JOB FUNCTIONS b Is the function actually being performed? b Would removing the function fundamentally alter the nature of the job? b Does the position exist to perform this job? b How many employees are available to do this job? b Is this function highly specialized? b Can the function be redistributed to another position without a problem?

17. EMPLOYMENT CONSIDERATION Employers are generally forbidden from considering medical diagnoses in either pre- or post-employment decision making. The employer must consider your current Employers are generally forbidden from considering medical diagnoses in either pre- or post-employment decision making. The employer must consider your current ability rather than your diagnosis or any potential, real, or imagined future deterioration. ability rather than your diagnosis or any potential, real, or imagined future deterioration.

18. Iowa Civil Rights Commission 211 East Maple Street, 2nd Floor Des Moines, Iowa 50309 515-281-4121 800-457-4416 (toll free) fax: 515-242-5840 website:www.state.ia.us/government/crc