1
Employment Basics:A Primer: ADA - Title I
David Scherer
2
Disclaimer
Information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA.
3
Who’s Covered by the ADA?
Definition of Disability
ADA vs. FMLA vs. Worker’s Comp
4
Definition of Disability
Mental or physical condition that substantially limits one or more of life’s major functions
Record of impairment which substantially limits…
Regarded by others as having…
Note: Diagnosis of an impairment does NOT necessarily mean a “disability”
5
Substantially Limiting
Factors to consider Nature and severity of the impairment Duration or expected duration Permanent or long-term impact Mitigating Measures (medications, auxiliary
aids, etc.)
6
Is your employee covered?
A physical or mental impairment? What is the impairment? Long-term or permanent? Does it impact a major life activity? If yes, what activity? Is it a substantial limitation?
7
Coverage Comparison
ADA: Mental or physical impairment substantially limiting 1 or more major life activity
FMLA: Serious injury or illness that involves inpatient care or ongoing treatment
Worker’s Comp: Only work-related illnesses or injuries
8
Overview of Title I
Which employers have responsibilities under
Title I?
What are the basic provisions of
Title I?
9
Which Employers Must Comply?
Private employers with 15 or more employees All state and local government entities Employment agencies Labor unions Joint labor-management committees
10
General Employment Rule
Job application process Hiring Promotion Discharge
Compensation Benefits Training All aspects of
employment!
Unlawful to discriminate against a qualified individual with a disability with regards to:
11
It’s All About Equality!
Hire, fire, and promote the most
qualified, deserving individual!
Qualified Employee
To be protected by the ADA, a person must not only be an individual with a disability, but must be qualified.
The regulations define a qualified individual with a disability as a person with a disability who:
"satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position."
12
Qualified Employee Determination
There are two basic steps in determining whether an individual is "qualified" under the ADA:
1. Determine if the individual meets necessary prerequisites for the job.
2. Determine if the individual can perform the essential functions of the job, with or without reasonable accommodation.
13
Meeting the Necessary Pre-Requisites
Pre-Requisites for employment might include: Education Work Experience Training Skills Licenses Certificates other job-related requirements, such as good
judgment or ability to work with other people14
Performing Essential Functions
This second step, a key aspect of non-discrimination under the ADA, has two parts:
1. Identifying "essential functions of the job“
2. Considering whether the person with a disability can perform these functions, unaided or with a "reasonable accommodation."
15
16
Essential Job Functions
What is the purpose of a position and how can I identify a position’s essential
functions?
17
Essential Functions
Fundamental job duties of the employment position
Does not include marginal or peripheral functions
Specifies what needs to be done, not how
18
Identifying Essential Functions
The position is actually required to perform the function
Position exists to perform function
Fundamental change to position if removed
Limited number of other employees available to perform
Function highly specialized- person hired for special expertise or ability
19
Evidence of Essential
Employer’s judgment
Written job description
Amount of time performing function
If infrequently performed, serious consequences if not performed when needed
Terms of collective bargaining agreement
Other employees in same position
Nature of the work operation or organizational structure
20
The Reasonable Accommodation Process
What is a reasonable accommodation?
What are the employer’s responsibilities in the accommodation process?
21
Reasonable Accommodations
Modifications or adjustments to a job, employment practice, or work environment that makes it possible for an individual with a disability to enjoy an equal employment opportunity
Equal employment opportunity: opportunity to attain same level of performance or to enjoy equal benefits and privileges of employment
22
When Accommodations are Required
Application process Performance of the essential functions of the
position Enjoyment of equal benefits and privileges of
employment
23
Accommodation Basics
Must be an effective accommodation Need not be best accommodation, just
effective Must only reduce employment-related
barriers Personal devices not required Employer not prevented from providing extra
accommodations
24
Employee Responsibilities
Process must be initiated by the employee with a disability- disclosure required
Provide documentation of need for accommodation if requested
Be involved in the process of identifying effective accommodation
25
The Employer/ Employee Interactive Process
Look at particular job and determine essential functions
Consult with employee about abilities and limitations
Consult with employee, identify potential accommodations, and assess effectiveness
Consider the preference of the employee
Select the accommodation that best addresses needs of the employee and the employer
26
Employer Strategies for the Accommodation Process Develop strategies for recognizing RA requests
Consider developing accommodation request forms
Don’t be afraid to ask for documentation of need for accommodation
Consult with the employee
Know your accommodation resources
Designate an organization/workplace resource coordinator
Consider implementing a centralized funding mechanism
Monitor implementation of the accommodation
27
Accommodation Factoids
Over 70% of employees with disabilities never request an accommodation
Cost effectiveness: 50% cost $50 or less
$50 return in productivity and saved costs for every $1 spent on ADA-related accommodations
28
Undue Hardship
Action that requires significant difficulty or expense- unduly costly, extensive, substantial, disruptive, fundamentally alters nature or operation of business
In relation to size of the employer, resources available, nature of the operation
Must be determined on a case-by-case basis
IMPORTANT: Consider alternate accommodations that do not create undue hardship
29
Tax Incentives Available
Disabled Access Tax Credit
50% TAX CREDIT of eligible expenditures over $250 up to $10,500 a year. So your tax bill can be reduced by up to $5,000. for Small Business ($1 million gross income OR less than 30 employees)
Barrier Removal Deduction Any private business may claim up to $15,000 per tax year for
making its premises or public transportation vehicles more accessible to persons with disabilities or the elderly. Eligible expenditures may include installing ramps, widening doorways, modifying restrooms, or equipping a shuttle van with a lift.
Work Opportunity Tax Credit Designed to encourage employers to add hard-to-employ individuals
to their payroll, the credit is generally equal to 40% (only 25% if the employee doesn’t reach a minimum employment level) of the first $6,000 of wages paid to each qualified employee on your payroll. There are minimum employment qualifications so be sure to check for additional information through the IRS
30
Employment Resources
It’s not about knowing all the answers. It’s about knowing where to find the answers!
31
Key Publications
Title I Technical Assistance Manual Cornell Series Job Accommodation Network’s Fact Sheet
Series EEOC Guidance Documents Employer Responsibilities Under the ADA
32
Resource Connections
Disability & Business Technical Assistance Center DBTAC 800/949-4232 (V, TTY) www.adainformation.org
Job Accommodation Network 800/526-7234 (V, TTY) www.jan.wvu.edu
EEOC 800/669-4000 www.eeoc.gov
DOL’s Office of Disability Employment Policy www.dol.gov/odep/pubs/publicat.htm
Top Related