1. Americans with Disabilities Act
Note to Trainer:
This Training Module provides all of the materials needed to conduct an effective classroom-training course:
1. PowerPoint slides with suggested narration (though you should feel free to customize the narration to be specific to your organization’s culture and/or to highlight issues that your organization has encountered in the past). Interspersed throughout are “In the news…” clippings and “Pop-Quiz” questions and answers pertaining to this topic.
A link at the end to an interactive quiz/game that you can use to assess your audience’s understanding of the material. (You will need an Internet connection to access the quiz/game.)
You can add your organization’s logo to the slides by inserting it in the “Slide Master” and “Title Master” layouts. Search for “slide master” in PowerPoint’s help guide for instructions.
The course is also available online for those who cannot attend the classroom session(s). The online version includes exactly the same content (including the quiz/game) in an interactive format, so you can be sure that online attendees receive the same information as those you train in the classroom. The online version includes full tracking and reporting of employee participation, as well as automated “reminder” s to ensure high completion rates.
For more information or to set up the online version, visit

2. Americans with Disabilities Act
8/1/2019
Welcome
This training course was developed by WeComply, a leading provider of ethics and compliance training since The course is also available online from any Internet-connected computer. WeComply offers 60+ courses on a wide range of business ethics and compliance topics. Each course helps employees spot key compliance issues and respond appropriately. This course is designed and licensed for classroom use in parallel with WeComply's online course on the same topic. This course may not be hosted on a learning management system or distributed to employees individually by electronic or other means without WeComply's prior authorization. For more information about this course or others, whether for classroom use or online access, please or call WeComply.
Note to Trainer:
This slide may be removed
Copyright © 2010 WeComply, Inc. All rights reserved.

3. Introduction
Thank you for participating in our Americans with Disabilities Act (ADA) training course. This course will help you recognize situations that raise ADA issues and assist you in dealing with these issues effectively. Keep in mind that this material is provided for informational purposes only and is not intended as legal advice. If you have questions about how any of this material applies to your job responsibilities, please direct them to your supervisor.
1 of 26

4. Overview
ADA was enacted in 1990 and revised substantially effective January 1, 2009
It prohibits employers from —
Discriminating against qualified persons with disabilities
Discriminating against employees who have relationship with disabled person based on relationship
Retaliating against anyone who participates in charge of disability-based discrimination
ADA requires employers to make reasonable accommodation for persons with disabilities
The ADA was enacted in 1990 and revised substantially effective January 1, The ADA prohibits employers from:
Discriminating against qualified persons with disabilities;
Discriminating against employees who have a relationship with a disabled person based on that relationship; and
Retaliating against anyone who files a charge of disability-based discrimination, or who testifies, assists or participates in any manner in an investigation.
In addition, and as explained in detail later in this course, the ADA requires employers to make reasonable accommodation for persons with disabilities.
ADA Amendments Act of 2008
The ADAAA became effective on January 1, ADAAA overturns U.S. Supreme Court decisions that construed the definition of "disability" narrowly. One major change is that the focus of ADA compliance shifted from whether the individual has a disability to whether the employer complies with its obligation to provide "reasonable accommodation" to disabled applicants and employees.
2 of 26

5. Persons with Disabilities
ADA applies to persons with disabilities who can perform essential functions of job, with or without reasonable accommodation
Person with disability is someone who —
Has physical or mental impairment that substantially limits one or more major life activities
Has record of such impairment, or
Is regarded as having such impairment
Congress: Definition of "disability" is broad, and determination should not "demand extensive analysis"
The ADA applies to persons with disabilities who can perform the essential functions of the job, with or without reasonable accommodation. A person with a disability is defined as someone who —
Has a physical or mental impairment that substantially limits one or more major life activities; or
Has a record of such impairment; or
Is regarded as having such an impairment.
While each person's situation must be evaluated individually, Congress clarified recently that the definition of "disability" is broad, and the determination should not "demand extensive analysis.“
3 of 26

6. Persons with Disabilities (Cont’d)
ADA applies to persons with disabilities who can perform essential functions of job, with or without reasonable accommodation
Person with disability is someone who —
Has physical or mental impairment that substantially limits one or more major life activities
Has record of such impairment, or
Is regarded as having such impairment
Congress: Definition of "disability" is broad, and determination should not "demand extensive analysis"
Excluded Conditions
Although the ADA does not have a specific list of disabilities, it does exclude the following conditions:
Psychoactive substance-use disorders resulting from current illegal drug use;
Compulsive gambling;
Kleptomania;
Pyromania;
Transvestitism;
Transexualism;
Pedophilia;
Exhibitionism;
Voyeurism;
Gender-identity disorders not resulting from physical impairments; and
Other sexual behavior disorders.
4 of 26

7. Persons with Disabilities (Cont’d)
ADA applies to persons with disabilities who can perform essential functions of job, with or without reasonable accommodation
Person with disability is someone who —
Has physical or mental impairment that substantially limits one or more major life activities
Has record of such impairment, or
Is regarded as having such impairment
Congress: Definition of "disability" is broad, and determination should not "demand extensive analysis"
Regarded as Having an Impairment
A person may be "regarded as having...an impairment" if he or she has suffered ADA-related discrimination because of an actual or perceived physical or mental impairment. This is true whether or not the impairment limits or is perceived to limit a major life activity. It does not apply, however, to impairments that are transitory and minor — that is, those with an actual or expected duration of six months or less.
5 of 26

8. Impairments Impairment is a physical or mental disorder
It does not include —
Normal physical characteristics
Conditions that are not the result of a disorder
Personality traits
Homosexuality/bisexuality
Socio-economic disadvantages
An impairment is a physical or mental disorder. It does not include:
Normal physical characteristics (such as hair and eye color);
Conditions that are not the result of a disorder (such as a normal pregnancy);
Personality traits (such as poor judgment);
Homosexuality/bisexuality; or
Socio-economic disadvantages (such as a poor education).
6 of 26

9. Pop Quiz!
True or False: Whether something is considered an impairment under the ADA can depend on its cause.
True.
False.
Answers:
A. This is correct.
Whether a condition qualifies as an impairment may depend on the circumstances. For example, an inability to read may be a disability under the ADA if it is due to dyslexia; however, if it is due to a failure to attend school, it would not be considered an impairment covered by the ADA.
B. This is incorrect.
7 of 26

10. Major Life Activities
Individual must have impairment that substantially limits one or more major life activities to be considered disabled
Major life activities include —
Activities that an average person can perform with little or no difficulty
Neurological/brain activities — e.g., thinking, learning, concentrating, communicating
Major bodily functions
Determination must be made without considering whether person has aids to lessen impairment's effects
To be considered disabled, an individual must have an impairment that substantially limits one or more major life activities. Major life activities include:
Activities that an average person can perform with little or no difficulty, such as walking, seeing, speaking, hearing, breathing, standing or sitting, lifting and sleeping;
Neurological/brain activities, such as thinking, learning, concentrating and communicating; and
Major bodily functions, such as normal cell growth, immune-system defense, bowel/bladder movements, digestion, reproduction, blood circulation and endocrine regulation (which is affected by diabetes and obesity, among other things).
The determination must be made without considering whether the person has aids to lessen the impairment's effects, such as medication, equipment, etc. Impairments that are episodic or in remission may be considered if they would substantially limit a major life activity when active.
8 of 26

11. Major Life Activities (Cont’d)
Individual must have impairment that substantially limits one or more major life activities to be considered disabled
Major life activities include —
Activities that an average person can perform with little or no difficulty
Neurological/brain activities — e.g., thinking, learning, concentrating, communicating
Major bodily functions
Determination must be made without considering whether person has aids to lessen impairment's effects
Substantially Limits
In passing the ADAAA, Congress rejected a U.S. Supreme Court ruling that gave a narrow interpretation to the term "substantially limits" narrowly and instructed courts and the Equal Employment Opportunity Commission (EEOC) that the scope of "substantially limits" should be construed broadly. Accordingly, an impairment that substantially limits one major life activity need not limit another one in order to be considered a disability.
Aids: Exceptions and Side Effects
Prescription eyeglasses and contact lenses are exceptions to the rule regarding aids. Only if a person were substantially limited in a major life activity when using the eyeglasses or contact lenses would he or she be considered disabled under the ADA.
Keep in mind that side effects of an aid, such as medication, can cause a person to experience a substantial limitation of a different major life activity. This may happen, for example, where medications taken to treat an illness control the typical symptoms of that illness, but the side effects substantially limit the taker's ability to sleep and concentrate.
Side effects can have a cumulative impact — that is, a person treated for two separate impairments may be considered disabled if the side effects of the combined mitigating measures substantially limit a major life activity.
9 of 26

12. Records and Perceptions of a Disability
Individuals who do not actually have an impairment may still qualify for ADA protection:
People on record as having a disability — e.g., someone who has been cured of cancer or is in remission
People "regarded as" having a disability — e.g., person who is fired because of disfiguring scars
Employers need not provide reasonable accommodation to people who are only "regarded as" having disability
Individuals who do not actually have an impairment may still qualify for ADA protection. These include —
People "on record" as having a disability: Individuals who suffer discrimination because of a record of a substantially limiting impairment, such as someone who has been cured of cancer or is in remission.
People "regarded as" having a disability: Individuals who suffer discrimination because of a perceived disability, such as a person who is fired because of disfiguring scars.
While people who are "regarded as" having a disability receive certain protections under the ADA, the ADAAA makes clear that employers need not provide reasonable accommodation to people who are only "regarded as" having a disability but do not actually have one.
On Record
A person who has been misdiagnosed or improperly classified would also be protected. For example, if an otherwise qualified job applicant was misdiagnosed as having a severe psychological disorder in childhood, and that misdiagnosis was never removed from her record, it would be a violation of the ADA not to hire her because of this record.
10 of 26

13. Essential Job Functions
ADA does not require employers to hire or retain unqualified disabled people
Disabled person must have right educational/professional background and be able to perform essential functions
Whether a function is essential depends on —
How much time must be spent performing the function
Consequences of removing the function
Whether there are limited people available to perform that function
If function is non-essential or incidental, disabled person's inability to perform it cannot be used to disqualify him/her
The ADA does not require employers to hire or retain unqualified disabled people. A disabled person must not only have the right educational and professional background, but also be able to perform the essential functions of the job, with or without reasonable accommodation. To determine whether a function is essential, consider these questions:
How much time must be spent performing the function?
What would be the consequences of removing the function?
Is the function is highly specialized?
Are there a limited number of people available to perform that function?
If a function is non-essential or incidental to the job, a disabled person's inability to perform that function cannot be used to disqualify him or her.
11 of 26

14. Pop Quiz!
Pete is a word processor. He, along with a lot of other co- workers, occasionally answers the phone while Lori, the receptionist, is at lunch or out for a smoke. Is answering the phone an essential function of Pete's word processing position?
Yes, because the phones must be answered when Lori is out.
No, because it is incidental to the position.
No, because data entry is the essential function.
Answers:
A. This is incorrect. A lot of other co-workers are available to answer the phone while Lori is out. Data entry would be an essential function of the word processor's position, while answering the phones would be only a marginal function. A word processor need only be able to perform the essential function of data entry (with or without reasonable accommodation).
B. This is correct. A lot of other co-workers are available to answer the phone while Lori is out. Data entry would be an essential function of the word processor's position, while answering the phones would be only a marginal function. A word processor need only be able to perform the essential function of data entry (with or without reasonable accommodation).
C. This is incorrect. Data entry may be an essential function, but not necessarily the essential function. In any case, the better answer is that answering the phone is incidental. A lot of other co-workers are available to answer the phone while Lori is out. Data entry would be an essential function of the word processor's position, while answering the phones would be only a marginal function. A word processor need only be able to perform the essential function of data entry (with or without reasonable accommodation).
12 of 26

15. Reasonable Accommodation
Some qualified, disabled persons may require reasonable accommodation
Work environment or job must be modified to enable job performance, e.g. —
Making facilities more accessible
Reassigning employee to vacant position
Providing reader or interpreter
Allowing part-time or modified work schedule
Job restructuring
Acquiring or modifying equipment
Need for accommodation may arise any time a person's disability or job changes
Some qualified, disabled persons may require a "reasonable accommodation" to perform essential job functions. This means that the work environment or job must be modified in some way to enable job performance. Examples include:
Making facilities more accessible;
Reassigning the employee to a vacant position;
Providing a reader or interpreter;
Allowing a part-time or modified work schedule;
Job restructuring; or
Acquiring or modifying equipment.
Ensuring reasonable accommodation is an ongoing duty, since the need for accommodation may arise any time a person's disability or job changes.
Need for Accommodation
Unless it is obvious, it is generally up to the disabled person to inform us of the need for accommodation. If it's not obvious, we may ask for written verification from a professional; however, we should never attempt to diagnose an applicant or employee ourselves.
13 of 26

16. Undue Hardship
We must look to abilities/limitations of employee and job requirements to determine appropriate accommodation
Goal is effective, reasonable accommodation that —
Is related to disability
Is not primarily for personal use — e.g., eyeglasses
Would not impose "undue hardship" on business operations
Fact that cost of accommodation is high in comparison to employee's salary is not considered in determination of undue hardship
When accommodation is necessary, we must look to the abilities and limitations of the employee and the job requirements to determine the appropriate accommodation. The goal is effective, reasonable accommodation that —
Is related to the disability;
Is not primarily for personal use (such as eyeglasses); and
Would not impose an "undue hardship" on our business operations.
The fact that the cost of an accommodation is high in comparison to an employee's wage or salary is not a factor to be considered in the determination of undue hardship.
Undue Hardship
Factors that may be considered include:
The nature and cost of the accommodation needed;
The overall financial resources, size, number of employees, and type and location of the company's facilities;
The impact of the accommodation on the company's operations; and
Other factors, such as the terms of a collective bargaining agreement.
Further guidance regarding reasonable accommodation and undue hardship may be found on the EEOC's web site:
14 of 26

17. ADA Settlement Sets New Record
Retailer To Pay $6.2 Million To Settle “Accommodation” Charges
Sears Holdings Corp. agreed to pay a record-breaking $6.2 million to settle an Americans with Disabilities Act (ADA) case with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC alleged that Sears and Kmart stores had an inflexible leave policy and fired more than 100 workers instead of providing them with reasonable accommodation of their disabilities in violation of the ADA. The settlement also requires that Sears change its workers'-compensation leave policy, provide status reports and improve employee training.
15 of 26

18. Qualification Standards
ADA does not require us to lower productivity or quality standards for disabled employees
Standards we use must not have discriminatory purpose and must be applied equally to all employees in same job
Standard tending to screen out individuals because of their disabilities must be —
Job-related
Consistent with business necessity
Disabled employees cannot be screened out if they could satisfy the standards with reasonable accommodation
The ADA does not require the lowering of productivity or quality standards for disabled employees, but whatever standards we use must not have a discriminatory purpose and must be applied equally to all employees in the same job.
If a standard tends to screen out certain individuals because of their disabilities, that standard must be —
Job-related; and
Consistent with business necessity.
Even then, disabled employees cannot be screened out if they could satisfy those standards with reasonable accommodation.
Discriminatory Purpose
The requirement that job standards have a non-discriminatory purpose applies to —
Education and work-experience requirements;
Physical and mental standards;
Safety standards;
Aptitude tests;
Physical or psychological tests;
Interview questions; and
Rating systems.
16 of 26

19. Safety Standards
Company may set employee-qualification standards necessary to protect public and other employees from direct threats to health and safety
Standards must —
Present specific, current and significant risk of substantial harm
Allow for reasonable accommodation to reduce risk to acceptable level
Federal or state regulations may restrict how company implements its standards
A company may set employee-qualification standards that it considers necessary to protect the public and other employees from direct threats to their health and safety. These standards must —
Present a specific, current and significant risk of substantial harm; and
Allow for reasonable accommodation to reduce the risk to an acceptable level.
In some instances, there may be federal or state regulations that restrict how the company implements its standards.
17 of 26

20. The Hiring Process
Employers must provide reasonable accommodations to ensure that everyone has equal opportunity in hiring process
Required accommodations may include —
Wheelchair-accessible interviewing facilities
Sign-language interpreter for deaf applicants
Reader for applicants with dyslexia who are asked to take written test
Hiring process must focus on applicant's abilities — not possible disabilities
Process should address ability of applicant to perform essential job functions, with or without accommodation
The ADA requires employers to provide reasonable accommodations necessary to ensure that everyone has an equal opportunity in the hiring process regardless of disability. Examples of the type of accommodation that may be required include —
Wheelchair-accessible interviewing facilities;
A sign-language interpreter for deaf applicants; or
A reader for applicants with dyslexia who are asked to take a written test.
The hiring process must focus on an applicant's abilities, rather than possible disabilities. Application forms and interviews, as well as background and reference checks, should address the ability of an applicant to perform essential job functions, with or without accommodation.
Possible Disabilities
Questions such as, "Have you ever filed for worker's compensation insurance?," "Have you ever been treated for drug or alcohol addiction?," "Are you taking any prescribed drugs?" or "Have you ever been hospitalized and for what condition?" are problematic and should not be asked.
18 of 26

21. Pop Quiz!
Ted is interviewing John for a position that requires heavy lifting. Another person who Ted hired quit after having back problems, and he wants to avoid the same issue with John. Which of the following questions would be acceptable to ask?
Have you ever had a back injury?
Do you take any pain medication?
Are you able to lift 60 pounds?
Has your spine even been x-rayed?
Answers:
A., B. and D. This is incorrect.
Since the job requires heavy lifting, it is acceptable to ask if he can lift a certain number of pounds, so long as that number does not exceed what is actually required. The other questions inquire about possible disabilities by asking about treatments, injuries and diagnostic tests. Remember, the focus must be on abilities, not disabilities, when asking questions.
C. This is correct.
19 of 26

22. The Hiring Process (Cont’d)
Limit questions about attendance to —
Previous work-attendance records
Whether applicant feels he/she will be able to meet attendance policy
We may ask applicant to demonstrate how he/she will perform job functions only if —
Everyone applying for job is asked, or
Applicant has known disability that would appear to interfere with/prevent performance of job-related function
If we use tests to determine whether applicant meets job-related qualification standards, we must use them with all applicants
When interviewing a job applicant about attendance, questions should be limited to previous work-attendance records and whether the applicant feels that he or she will be able to meet the company's attendance policy, with or without reasonable accommodation.
We may ask an applicant to describe or demonstrate how he or she will perform job functions only if —
Everyone applying for the job is asked, regardless of disability; or
An applicant has a known disability that would appear to interfere with or prevent the performance of a job-related function.
If we use tests or other selection criteria to determine whether an applicant meets job-related qualification standards, we must use them with all applicants for a particular job or job class.
Known Disability
If an applicant has a visible disability, or even if he or she has volunteered information about a disability, we are not permitted to ask questions designed to gauge the extent or effect of the disability. Likewise, we may not ask questions that focus upon the nature and severity of the disability, the condition causing it, the prognosis, or whether the applicant will require special treatment or leave as a result of the disability.
20 of 26

23. Medical Exams and Questions
We may require prospective employees to undergo medical exams or ask them medical questions only if it is —
Related to job performance
Done after conditional job offer is made
Required for all entering employees in same job class
Before withdrawing conditional offer, we must determine that there is no reasonable accommodation that would allow the prospective employee to perform essential functions of job efficiently and safely
Decision to withdraw conditional offer must be job-related and consistent with business necessity
We have special obligations regarding the addresses on any consumer credit reports We may require prospective employees to undergo medical exams or ask them medical questions only if —
It is related to job performance;
It is done after a conditional job offer is made; and
It is required for all entering employees in the same job class.
Before withdrawing a conditional offer, we must also determine that there is no reasonable accommodation that would allow the prospective employee to perform the essential functions of the job efficiently and safely.
A decision to withdraw a conditional offer based on the information gathered must be both job-related and consistent with business necessity.
21 of 26

24. Medical Exams and Questions (Cont’d)
We may require prospective employees to undergo medical exams or ask them medical questions only if it is —
Related to job performance
Done after conditional job offer is made
Required for all entering employees in same job class
Before withdrawing conditional offer, we must determine that there is no reasonable accommodation that would allow the prospective employee to perform essential functions of job efficiently and safely
Decision to withdraw conditional offer must be job-related and consistent with business necessity
Medical Exams and Questions
Any medical exam or question must be job-related and consistent with business necessity. An examination may be triggered by —
Evidence of problems related to job performance or safety;
An employee's request for accommodation due to a disability;
The need to determine whether an employee in a physically demanding job continues to be able to perform the job adequately; or
A need to ensure compliance with the requirements of other laws.
There are strict confidentiality and use limitations on medical information obtained during such procedures. At a minimum, keep files separate from employees' personnel files, and restrict access to those with a need to know.
22 of 26

25. The ADA on the Job ADA applies to all aspects of the job
Employees must have equal access to —
Training
Employer-sponsored social functions
Break rooms
Other non-work facilities that company provides
The ADA applies to all aspects of the job, including employee work assignments, evaluations, disciplinary actions, promotions, layoffs and terminations, and compensation, leave and other benefits.
Thus, after employees have been hired, they must have equal access to —
Training;
Employer-sponsored social functions;
Break rooms; and
Other non-work facilities that the company provides.
23 of 26

26. Doctor’s Notes No Excuse
Jury Awards Patient $400,000 for Failure To Provide Interpreter
A jury awarded a woman $400,000 in an ADA suit against a New Jersey doctor who failed to provide a sign-language interpreter during her year-and-a-half treatment for lupus. The doctor, a solo practitioner, argued that the interpreter was too expensive, so he was entitled to rely instead on notes that he exchanged with the patient with the help of family members. The patient claimed that she did not have a complete understanding of her treatment and was denied equal opportunity to full participation in her medical care.
24 of 26

27. Evaluations and Promotions
Employees with disabilities should be held to same performance standards as others in same position
Employees who require accommodation should be evaluated on ability to perform essential job functions with the accommodation
When addressing employee performance issues —
Focus on facts
Don't try to diagnose disability that may or may not be cause of performance problems
Employees with disabilities should receive equal consideration for advancement
Employees with disabilities should be held to the same standards of performance as other employees in the same position. Employees who require accommodation for a disability should be evaluated on their ability to perform essential job functions with the accommodation.
When addressing employee performance issues, focus on the facts involved without drawing unfounded conclusions. You should not act as an amateur doctor or psychologist and try to diagnose a disability that may or may not be the cause of performance problems.
Employees with disabilities should receive equal consideration for advancement, regardless of the accommodation that may be required for them to perform the essential functions of the new job (provided, of course, that the accommodation does not cause the company undue hardship).
25 of 26

28. Final Quiz
26 of 26

29. Americans with Disabilities Act
8/1/2019
About WeComply
WeComply is a leading provider of customized ethics and compliance training solutions. We are committed to providing the best-of-breed training content, technology and customer service.
Specializing in ethics and compliance training since 1999
60+ ethics and compliance training courses in 42 languages
Content partners include the Association of Corporate Counsel (ACC), Proskauer Rose and White & Case
500+ clients of all sizes and in all industries
1-866-WeComply
Note to Trainer:
This slide may be removed
Copyright © 2010 WeComply, Inc. All rights reserved.

30. Americans with Disabilities Act
8/1/2019
Course-Delivery Options
WeComply offers training courses in multiple delivery formats to reach all employees -- not just those with computers:
1-866-WeComply
Online – available 24/7 from any computer
Mobile – tablets and smartphones
Offline options when Internet access is unavailable:
PowerPoint with presenter notes for classroom training
PDF booklets with tear-off certifications
CD-ROM/intranet with tracking via
Phone-based training and certification
Note to Trainer:
This slide may be removed
Copyright © 2010 WeComply, Inc. All rights reserved.

31. Americans with Disabilities Act
8/1/2019
Online Training Benefits
While classroom training has certain advantages, it can be challenging to implement in large and/or geographically dispersed companies. Consider these advantages of online training:
Better Attendance
Higher Completion Rates
Less Impact on Productivity
Perfect for New Hires
Convenient for Remote Locations
Available in 42 Foreign Languages
Easy Access to Courses
Periodic Refreshers
Blended Benefits
Get the best of both worlds by providing classroom training where feasible and online training elsewhere – all centrally tracked and organized for easy monitoring and reporting.
Note to Trainer:
This slide may be removed
Copyright © 2010 WeComply, Inc. All rights reserved.