Americans with Disabilities Act (ADA) All materials provided in this training, including the contents of linked pages, are provided for general informational purposes only. While we seek to provide links to current and authoritative information, neither UVM nor this office guarantees the accuracy of information accessible online; therefore, this information must not be relied upon as substitute for legal advice from a qualified attorney. Please contact the UVM Office of the General Counsel to obtain current legal advice specifically responsive to your questions. Americans with Disabilities Act (ADA)

Americans with Disabilities Act The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress. It prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship.

ADA Title I: Employment ADA requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others.

ADA Title I: Complaints ADA complaints must be filed with the U. S. Equal Employment Opportunity Commission (EEOC) within 180 days of the date of discrimination, or 300 days if the charge is filed with a designated State or local fair employment practice agency. Individuals may file a lawsuit in Federal court only after they receive a "right-to-sue" letter from the EEOC.

Americans with Disabilities Act To be protected by the ADA one must have a disability or have a relationship with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.

Examples of Physical and Mental Impairments Back Impairments Regarded as Disabled Non-Paralytic Orthopedic Depression Record of Disability Diabetes Heart Condition Anxiety Cancer Vision Bi-Polar Disorder Epilepsy Asthma Learning Disabilities HIV Multiple Sclerosis Alcoholism Allergies Examples of Physical and Mental Impairments include, but are not limited to:

Examples of Major Life Activities Caring for oneself Walking Seeing Hearing Speaking Breathing Concentrating Communicating Reading Performance of manual tasks Standing Sitting Bending Learning Lifting Thinking Working Examples of Major Life Activities include, but are not limited to:

What is a substantial limitation? Must show how impairment is substantially limiting A temporary condition usually is not substantially limiting Employee is evaluated based on the degree of impairment in comparison with the average person

What is a substantial limitation? The determination of whether an impairment substantially limits a major life activity shall be made without regard to the following: Medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies Use of assistive technology Reasonable accommodations or auxiliary aids or services Learned behavioral or adaptive neurological modifications.

What is a substantial limitation? Limitation must prevent employee from performing a wide range of jobs

During an Interview Focus on person’s ability to do the job. Discuss alternative ways to do the job. Let the person tell you reasonable accommodations they may need. It is the responsibility of the interviewer to conduct a bias-free interview. Some suggestions for doing so include:

What does “otherwise qualified” mean? If an individual has a disability, he or she must still be otherwise qualified for the job and able to perform its essential functions such as: Regular attendance Administrative duties

What are common accommodations? Modifying schedule: adjust arrival and department time Restructure position: reassign marginal functions Provide tools: Long-handled broom, software No requirement to provide new position

How to Seek a Workplace Accommodation Bring request for accommodation to the supervisor or directly to ADA Liaison in Human Resource Services. Begin the interactive process with ADA Liaison, a joint give and take to determine what accommodating needs might be. Bring questionnaire addressing medical need for accommodating to health care provider and deliver responses to ADA Liaison.

How to Seek a Workplace Accommodation Request for accommodation is evaluated with participation of Human Resource Services, General Counsel, the individual’s health care provider, supervisor and the individual. Accommodation request is not always the one chosen. Accommodation is either agreed to or denied. Accommodations may be revised from time to time using the same procedure.