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PEOPLE WITH DISABILITIES Tom Cruise - Dyslexia Heather Whitestone - Hearing Impairment Alexander Graham Bell - Hearing Impairment Winston Churchill - Learning.

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Presentation on theme: "PEOPLE WITH DISABILITIES Tom Cruise - Dyslexia Heather Whitestone - Hearing Impairment Alexander Graham Bell - Hearing Impairment Winston Churchill - Learning."— Presentation transcript:

1 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

2 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

3 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)

4 Intellectual Disabled No More Mentally Retarded

5 Americans With Disabilities Act 1990 Titles I. Employment II. Public Service III. Public Accommodations IV. Telecommunications V. Miscellaneous Provisions

6 ADA Applies To: State and Local Governments Private Sector Employers & Employment Agencies Labor Organizations Public Schools & Universities Transportation Telecommunications etc. Americans with Disabilities Act

7 ADA Does Not Apply To: Employers with Fewer than 15 Employees Executive Branch, Federal Government Private Membership Clubs

8 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

9 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

10 Individuals With Disabilities (2) An Individual with a Record of Such a Physical or Mental Impairment

11 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.

12 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

13 Major Life Activities Basic Activity That Most People In The General Population Can Perform With Little Or No Difficulty

14 Major Life Activities Include But Are Not Limited To, Caring for Oneself Performing Manual Tasks Walking Seeing Hearing Breathing Speaking Learning Working

15 Major Life Activities Include But Are Not Limited To, EatingSleepingStanding LiftingBendingReading ConcentratingThinking Communicating Inter-Acting With Others

16 Major Life Activities Major Bodily Functions, Immune System Normal Cell Growth Digestive Bowel Bladder NeurologicalBrain Respiratory Circulatory Endocrine Reproductive Functions

17 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)

18 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

19 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

20 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

21 Episodic Or In Remission Examples: Epilepsy Hypertension Asthma Multiple Sclerosis Diabetes Major Depression Bipolar Schizophrenia

22 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

23 Essential Job Functions Tasks That Are Fundamental and Necessary for the Position Does Not Include Incidental Duties

24 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

25 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

26 Employers are Responsible for Accommodations When the Employee Declares a Disability

27 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

28 Reasonable Accommodations Provide or Modify Equipment Make Facilities Accessible > Remove Barriers Provide Readers or Interpreters

29 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

30 Reasonable Accommodations Process Request For Accommodation(s) Documentation Interactive Process Accommodate In Current Position Reassign Monitor

31 Reasonable Accommodations The Employer Is Not Required To Provide Accommodation Requested By Employee The Employer Can Choose Another Accommodation > It MUST Be Effective

32 Undue Hardship Size of Business Financial Resources Cost of Accommodation Alteration or Change in the Delivery of Service Disruption of Other Workers

33 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

34 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

35 Title III Public Accommodations No Individual Shall Be Discriminated Against On The Basis of Disability In The Full and Equal Enjoyment of Public Accommodations.

36 Title III Public Accommodations Examples: - Public Gathering Places - Places of Lodging - Stores - Social Service Centers

37 Title IV Telecommunications Telecommunication Relay Services Voice & TDD 711 Closed Captioning (Public Service Announcements Training Videos)

38 Title V Miscellaneous Provisions State Immunity Retaliation Attorney’s Fees Coverage of Congress Other Federal & State Laws

39 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

40 Service Animal Dog Miniature Horse Can’t Be Disruptive Must Be: On A leash Clean

41 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

42 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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