ADA Training for Supervisors HCPS - Human Resources Department

What is ADA? THE AMERICANS WITH DISABILITIES ACT Applies to all employers with 15 or more employees Protects individuals with disabilities from discrimination Requires “reasonable accommodation” if needed in order to perform “essential functions” of a job ADA is enforced by the U.S. Equal Opportunity Commission, but many states also have similar laws to ADA which are enforced locally HCPS Human Resources Department ( c)SHRM 2008

Disabilities Related to Employment The ADA makes it unlawful to discriminate in all employment practices such as: Recruiting Hiring Terminations Training Job Assignments Promotions Pay Benefits Layoffs Leaves All other employment related activities HCPS - Human Resources Department ( c)SHRM 2008

What is a Disability? Individual has physical or mental impairment which substantially limits a major life activity Has a record or documentation of such an impairment Individual is regarded as having such an impairment (included being subjected to prohibited action because of actual or perceived impairment whether or not impairment limits a major life activity)  Does not apply to impairment with an actual or expected duration of six months or less HCPS - Human Resources Department ( c)SHRM 2008

What is a Disability? (cont’d.) Whether impairment substantially limiting made without regard to “ameliorative effects” of mitigating measures Defines mitigating measures as including:  Medication  Medical supplies, equipment or appliances  Low-vision devices (not including ordinary eyeglasses or contacts  Prosthetics  Hearing aids and other hearing devices  Mobility devices  Other types of medical assistance or therapy HCPS - Human Resources Department ( c)SHRM 2008

What is a Disability? (cont’d.) Impairment that substantially limits one major life activity need not limit other major life activities to be considered a disability Definition of a “major life activity” includes: - caring for oneself- bending- seeing - performing manual tasks- speaking- breathing - cearing- reading- working - concentrating- learning - eating - communicating- sleeping- walking - thinking - standing- lifting HCPS - Human Resources Department ( c)SHRM 2008

What is a Disability? (cont’d.) Major bodily functions: Immune system Digestive Bowel Bladder Respiratory Circulatory Reproductive functions Endocrine Neurological (e.g. dyslexia – brain and learning disabilities) HCPS - Human Resources Department ( c)SHRM 2008

Disability & Substance Abuse Alcohol An alcoholic is protected by the ADA as having a disability  A person who currently uses alcohol is not automatically denied protection simply because of the alcohol use. An alcoholic is a person with a disability under the ADA and may be entitled to consideration of accommodation, if s/he is qualified to perform the essential functions of a job. However, an employer may discipline, discharge or deny employment to an alcoholic whose use of alcohol adversely affects job performance or conduct to the extent that s/he is not “qualified.” Drugs A drug addict is protected as having a disability only if he or she is receiving recovery treatment and is not a current user  Persons addicted to drugs, but who are no longer using drugs illegally and are receiving treatment for drug addiction or who have been rehabilitated successfully, are protected by the ADA from discrimination on the basis of past drug addiction. HCPS - Human Resources Department ( c)SHRM 2008

Making Accommodations Individuals with disabilities may require an accommodation to perform the essential functions of a job Essential job functions are the fundamental duties of that job A job function may be considered essential for any of several reasons, such as:  The job exists to perform that function  The function requires specialized skills or expertise and the person is hired for that expertise  There is only a limited number of employees to perform the function Examples of essential job function accommodations:  Providing a special phone for a receptionist with a hearing impairment  Providing frequent stretch breaks for an employee with muscular/joint/vascular disorder whose job requires long periods of sitting/standing HCPS - Human Resources Department ( c)SHRM 2008

Making Accommodations (Cont’d.) Accommodations: “reasonable & without “undue hardship” These criteria are very high standards and cannot be easily demonstrated Tolerating poor performance unrelated to a disability is not an accommodation Partner with Human Resources when assessing what is reasonable and what constitutes undue hardship Always maintain privacy of individuals with disabilities HCPS - Human Resources Department ( c)SHRM 2008

Noncompliance ADA is enforced by the Equal Employment Opportunity Commission (EEOC) 2004 – UPS case $9.9 million for not hiring deaf drivers 2005 Walmart $7.5 million for not hiring applicant with cerebral palsy HCPS - Human Resources Department ( c)SHRM 2008

Summary The ADA makes it unlawful to discriminate in all employment practices, including pre-employment A disability can be physical or mental and includes substance (alcohol & drug) abuse Reasonable accommodations should be considered for applicants and employees who can perform the essential job functions with an accommodation – what’s reasonable will vary by each unique situation There are serious legal consequences to violating the ADA in addition to the harmful affect on the employer’s reputation in the community It’s important to work with HR when an accommodation is requested or required HCPS - Human Resources Department ( c)SHRM 2008

Questions or Comments? ( c)SHRM 2008 HCPS - Human Resources Department

Course Evaluation Please be sure to complete and leave the evaluation sheet you received with your handouts Thank you for your attention and interest! ( c)SHRM 2008 HCPS - Human Resources Department