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PEOPLE WITH DISABILITIES Tom Cruise - Dyslexia Heather Whitestone - Hearing Impairment Alexander Graham Bell - Hearing Impairment Winston Churchill - Learning Disabilities Agatha Christie - Learning Disability Thomas Edison - Hearing / Learning Disabilities Albert Einstein - Learning Disability Ernest Hemingway - Learning Disability Magic Johnson- HIV Positive Ronald Reagan- Alzheimer's Mary Tyler Moore - Diabetes Stephen Hawking - ALS Franklin D. Roosevelt - Polio
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Kentucky State ADA Coordinator Norb Ryan, Coordinator Jennifer Hicks, Assist. Coordinator Capital Plaza Tower 1-877-423-2933 2nd Floor 1-502-564-3850 500 Mero Street Fax 502-564-2316 Frankfort, Kentucky 40601 norbj.ryan@ky.gov jenniferj.hicks@ky.gov World Wide Web http://ada.ky.gov
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Disability Statistics 57 Million People With Disabilities In The United States (2010) 26 Million Of These People Have Severe Disabilities (2000) 4.6 Million > Under The Age Of 18 (2000)
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Intellectual Disabled No More Mentally Retarded
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Americans With Disabilities Act 1990 Titles I. Employment II. Public Service III. Public Accommodations IV. Telecommunications V. Miscellaneous Provisions
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ADA Applies To: State and Local Governments Private Sector Employers & Employment Agencies Labor Organizations Public Schools & Universities Transportation Telecommunications etc. Americans with Disabilities Act
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ADA Does Not Apply To: Employers with Fewer than 15 Employees Executive Branch, Federal Government Private Membership Clubs
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PURPOSE “To Reinstate A Broad Scope Of Protection “ By Expanding The Term “Disability”. The Original Definition Has Previously Been Inappropriately Narrowed. Americans with Disabilities Amendments Act 2009
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Individuals With Disabilities (1) An Individual with a Physical or Mental Impairment that Substantially Limits One or More of the Major Life Activities of Such Individual
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Individuals With Disabilities (2) An Individual with a Record of Such a Physical or Mental Impairment
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Individuals With Disabilities An Individual Generally Meets This Criteria When, In The Past, Although Not Currently, Had An Impairment That Substantially Limited A Major Life Activity; Or Misclassified As Having A Substantially Limited Impairment.
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Individuals With Disabilities (3) Regarded As Having A Physical Or Mental Impairment When An Employer Or Public Entity Takes An Action Prohibited By The ADA Based On An Actual Or Perceived Impairment
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Major Life Activities Basic Activity That Most People In The General Population Can Perform With Little Or No Difficulty
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Major Life Activities Include But Are Not Limited To, Caring for Oneself Performing Manual Tasks Walking Seeing Hearing Breathing Speaking Learning Working
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Major Life Activities Include But Are Not Limited To, EatingSleepingStanding LiftingBendingReading ConcentratingThinking Communicating Inter-Acting With Others
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Major Life Activities Major Bodily Functions, Immune System Normal Cell Growth Digestive Bowel Bladder NeurologicalBrain Respiratory Circulatory Endocrine Reproductive Functions
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Major Life Activities Major Bodily Functions, Added By EEOC Genitourinary (Genital & Urinary Tract) Musculoskeletal(Involving Both Musculature & Skeletal) Cardiovascular(Heart) Lymphatic(Immune System) Hemic(Produced By The Blood Or Circulation Of The Blood)
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Mitigating Measures Eliminate Or Reduce The Symptoms Or Impact Of An Impairment. Mitigating Measures Should Be Ignored In Determining If An Impairment Substantially Limited In Performing A Major Life Activity Without The Mitigating Measure. Exception: Eyeglasses Or Contact Lenses Are Not Included
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Mitigating Measures ADA Amendment Act Allows Consideration Of The Negative Effects From The Use Of A Mitigating Measure In Determining If A Disability Exists Example: Medication Side Effects
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Episodic Or In Remission An Impairment Is Episodic Or In Remission When It Meets The Definition Of Disability If It Would Substantially Limit A Major Life Activity When Active
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Episodic Or In Remission Examples: Epilepsy Hypertension Asthma Multiple Sclerosis Diabetes Major Depression Bipolar Schizophrenia
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Qualified Individual With A Disability 1) Satisfy the Required Skills, Experience, and Education Required for the Position 2) Perform the Essential Job Functions With or Without Reasonable Accommodations
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Essential Job Functions Tasks That Are Fundamental and Necessary for the Position Does Not Include Incidental Duties
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Essential Job Functions What the Employer Believes to be Essential Job Function(s) Amount of Time Spent on a Specific Task or Duty Duties Performed by Past and Current Workers in the Position
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Essential Job Functions Position Exist To Perform Function Limited No. of Employees Among Whom That Particular Job Can Be Distributed Employee Has The Expertise or Ability To Perform A Particular Function
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Employers are Responsible for Accommodations When the Employee Declares a Disability
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Documentation Current (Within Past Three Years) u Qualified Professional u Should Include: Description Of The Impact On Disability(s) Life Activities Current Treatments & Accommodations Recommendations Of Proposed Work Related Accommodations
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Reasonable Accommodations Provide or Modify Equipment Make Facilities Accessible > Remove Barriers Provide Readers or Interpreters
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Accommodations PoliciesPhone Adaptations SeatingOral Instructions Tapes of MeetingsAccessible Space Extra Time for TestsLight Switches Tests on TapeCalculators Large Print MaterialInterpreters Blocks Under DeskNote Takers Technical AssistanceFlexible Schedule
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Reasonable Accommodations Process Request For Accommodation(s) Documentation Interactive Process Accommodate In Current Position Reassign Monitor
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Reasonable Accommodations The Employer Is Not Required To Provide Accommodation Requested By Employee The Employer Can Choose Another Accommodation > It MUST Be Effective
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Undue Hardship Size of Business Financial Resources Cost of Accommodation Alteration or Change in the Delivery of Service Disruption of Other Workers
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Medical An Employer Cannot Require a Medical Examination Prior to a Job Offer A Drug Test Can Be Required Prior To a Job Offer Health Insurance
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Title II - Public Services State or Local Governments Departments, Agencies of Activities, Services And Programs, Facilities Ex: - Public Schools & Universities - Government Meetings - Recreation and State Parks -Public Transportation
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Title III Public Accommodations No Individual Shall Be Discriminated Against On The Basis of Disability In The Full and Equal Enjoyment of Public Accommodations.
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Title III Public Accommodations Examples: - Public Gathering Places - Places of Lodging - Stores - Social Service Centers
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Title IV Telecommunications Telecommunication Relay Services Voice & TDD 711 Closed Captioning (Public Service Announcements Training Videos)
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Title V Miscellaneous Provisions State Immunity Retaliation Attorney’s Fees Coverage of Congress Other Federal & State Laws
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ADA Enforcement u Title I - Equal Employment Opportunity Com. 1-800-669-4000 1-800-669-6820 (TDD) u Title II & III - Department of Justice 1-800-514-0301 1-800-514-0383 (TDD) u Title IV – Federal Communications Com. 1-888-835-5322 (TTY) u Office of Civil Rights, Dept of Education 1-800-421-3481
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Service Animal Dog Miniature Horse Can’t Be Disruptive Must Be: On A leash Clean
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Mobility Devices Wheelchairs – Open To The Public Other Power Driven Mobility Devices Segways & Scooters are Permitted Unless They Pose A Direct Threat, Safety Hazard or Alters Service, Program or Activities
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Kentucky State ADA Coordinator Norb Ryan, Coordinator Jennifer Hicks, Assist. Coordinator Capital Plaza Tower 1-877-423-2933 2nd Floor 1-502-564-3850 500 Mero Street Fax 502-564-2316 Frankfort, Kentucky 40601 norbj.ryan@ky.gov jenniferj.hicks@ky.gov World Wide Web http://ada.ky.gov
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