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Emily Fisher Virginia ADA Coalition 9/4/20151.  The ADA, or Americans with Disabilities Act, was signed into law in 1990. The ADA prohibits discrimination.

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Presentation on theme: "Emily Fisher Virginia ADA Coalition 9/4/20151.  The ADA, or Americans with Disabilities Act, was signed into law in 1990. The ADA prohibits discrimination."— Presentation transcript:

1 Emily Fisher Virginia ADA Coalition 9/4/20151

2  The ADA, or Americans with Disabilities Act, was signed into law in 1990. The ADA prohibits discrimination based on disability  The ADA covers employment; state and local government services; and private businesses  The ADA requires that these entities remove barriers that prevent people with disabilities from being full citizens 9/4/20152

3  ADA Amendments Act signed into law September 2008  Restored protections of ADA that had been narrowed by court decisions  Clarified definition of disability 9/4/20153

4  ADA Regulations and Accessibility Standards were updated in 2010  Critical changes are noted in this presentation, but for more details, go to 9/4/20154

5 A person is considered disabled if they meet any one of the following criteria:  Someone with a physical or mental impairment that substantially limits one or more major life activities…or…  Someone with a record or history of a physical or mental impairment that substantially limited one or more major life activity….or…  Someone who is regarded as having such an impairment 9/4/20155

6  Caring for Oneself  Performing Manual Tasks  Walking  Seeing  Hearing  Speaking  Breathing  Reproduction  Working  Sleeping ADAAA Adds Bodily Functions to Major Life Activities List 9/4/20156  Learning  Sitting  Standing  Lifting  Reading  Thinking  Interacting with Others  Concentrating

7 Person with a record or history of an impairment might include:  Cancer Survivor  Person with history of heart attack  Brain Injury Survivor  Person with history of Mental Illness  Person with history of drug/alcohol addiction  Intermittent Disabilities (Epilepsy, Lupus, MS) 9/4/20157

8 Person regarded as having a disability would include:  Someone with a visible birthmark/scar  Someone rumored to have a disability  Someone with a impairment that doesn’t limit them substantially, but others regard them as limited (high blood pressure; controlled diabetes; controlled seizures) 9/4/20158

9  The ADA is set up in Titles, like chapters, that address different topics. ◦ Title I: Employment ◦ Title II: State and Local Services ◦ Title III: Public Accommodations ◦ Title IV: Telecommunication ◦ Title V: Miscellaneous 9/4/20159

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11 The ADA provides equal access to the employment process but does NOT require employers to proactively hire persons with disabilities. 9/4/201511

12 Employees: A qualified individual who:  has;  has a record of, or;  is regarded as having a physical or mental impairment (or bodily function that substantially limits a major lifeactivity. 9/4/201512

13 Employers: All private employers with more than 15 employees State and local government employers of any size (under Title II and Title I) 9/4/201513

14 Employers with less than 15 employees US government executive and judicial branch (already covered by Section 504 of the Rehab Act of 1973) Indian Tribes Bona fide private membership clubs that are tax exempt under Section 501C of the IRS code 9/4/201514

15 The ADA covers all elements of the employment including:  Applications, Interviewing, Screening and Hiring  On the job once hired  Benefits and privileges of employment 9/4/201515

16 Essential Functions Reasonable Accommodations 9/4/201516

17 Essential Functions are: The tasks for which the position exists. Without these duties, the job would not exist or would be fundamentally different. 9/4/201517

18 Reasonable Accommodations are defined as: Any modification or adjustment to a job, an employment practice, or the work environment that makes it possible for an individual with a disability to enjoy an equal employment opportunity. 9/4/201518

19 Could be….  Altering when or how an essential function is performed  Changing the schedule of the work  Providing interpreters or readers  Modifying exams, training materials or policies  Obtaining or modifying equipment (like tty/lighted alarms, etc) 9/4/201519

20 Employers are REQUIRED to provide reasonable accommodations unless to do so would cause an undue burden. Employer can choose the cheaper or easier accommodation if several accommodations will work 9/4/201520

21 No questions regarding disability should be listed on the application--this includes questions on history of worker’s compensation claims, previous work injuries, medical history, etc. Job seeker responsible for requesting needed accommodations for interview Employer pays for accommodations needed 9/4/201521

22 Permissible Interviewing Inquiries: An employer CAN ask:  If applicant can perform the job functions with or without reasonable accommodation  If applicant can perform all the job functions, not just the essential functions  If applicant can meet the attendance requirements of the job 9/4/201522

23 Interviewing questions should NOT include:  If applicant will need medical leave  Questions about applicant’s illness or disability related to ability to meet attendance requirements  Nature or severity of disability  Condition causing disability  Prognosis  Treatment 9/4/201523

24 An employer CANNOT: Require a medical exam or make medical inquiries BEFORE a job offer is made Post Job Offer medical screening  Must happen after the candidate has met all other prerequisites  Must be conducted on all candidates  Only disqualifications related to the job are allowed 9/4/201524

25 Reasonable Documentation Documentation from an appropriate professional concerning the individual’s disability and functional limitations To verify the existence of a disability and the need for an accommodation 9/4/201525

26  Filed with EEOC  Must be filed within 180 days of incident of discrimination  EEOC will provide “Right to Sue” letter to employee or could file own lawsuit  Lawsuits can only be filed after EEOC has issued a “Right to Sue” letter 9/4/201526

27  Four broad areas of requirements: ◦ General Nondiscrimination ◦ Program Accessibility ◦ Equally Effective Communication ◦ Employment 9/4/201527

28 State and local government must provide full program access to people with disabilities. One of each type of program must be accessible but not at every location Agencies that receive government contracts must comply as well. 9/4/201528

29  Courthouse  Library  Recreation Center  Senior Adult Community Center  Social Services (foster care, food stamps)  Mental Health (including emergency and hotlines)  Schools  Polling Places  Information (website, phones, newsletters) 9/4/201529

30  Parking  Entrance  Primary Service Area  Restrooms  Meeting rooms 9/4/201530

31 Methods of achieving program access include:  redesign of equipment  reassignment to accessible buildings  home visits  delivery of services at alternative accessible sites  alteration of existing facilities  Providing auxiliary aids (like interpreters, CART services, assistive listening devices etc) 9/4/201531

32 Local Government cannot:  require participation in special/separate programs  require a person to accept an accommodation  use eligibility requirements for programs that screen out people with disabilities 9/4/201532

33 Programs must make reasonable modifications of policies, practices and procedures to avoid discrimination unless the modification would fundamentally alter the activities and services. 9/4/201533

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