Workplace Accommodations Know Your Rights and Responsibilities!

1. Workplace Accommodations Know Your Rights and Responsibilities! Employment Team

2. Disclaimer This publication is for general reference only and not intended to provide legal advice. This information is not intended to substitute for individual representation by an attorney. The Advocacy Center always recommends that an individual retain an attorney.

3. Overview • This presentation briefly covers the Americans with Disabilities Act (ADA) and the legal requirements for requesting workplace accommodations • Section A covers the ADA, who is protected, and the ADA definition of a qualified individual with a disability and essential job duties • Section B explains the term reasonable accommodation • Section C addresses rights a qualified individual with a disability has under the ADA • Section D discusses responsibilities of a qualified individual with a disability when requesting a workplace / reasonable accommodation.

4. Section A The Americans with Disabilities Act (ADA) • What is it? • Why was it created? • Who is protected?

5. What is the ADA ? • The ADA is comprised of five Titles: • Title I is designed to address and remove barriers to employment so individuals with disabilities can enjoy the same employment opportunities as people without disabilities. • Title II prohibits a public entity from either excluding an individual from participating in or denying the individual the benefits of public services and programs.

6. What is the ADA ? • Title III prohibits any private entity, which owns, operates, or leases a public place, from denying an individual equal enjoyment of goods, services, facilities, advantages, or accommodations of any public accommodation. • Title IV regulates Telecommunication services for hearing and speech-impaired individuals. • Title V contains thirteen miscellaneous provisions that include a section prohibiting retaliatory conduct by an Employer.

7. Why was the ADA created? On July 26, 1990, the ADA was signed into law. More than 43 million Americans were found to have one or more physical or mental disabilities. The number of Americans with disabilities continues to grow. Congress found that society historically isolated, segregated, and discriminated against individuals with disabilities in critical areas like employment, housing, public accommodations, and transportation. Congress intended for the ADA to serve as a clear and national prohibition against discrimination toward individuals with disabilities.

8. Who is protected under Title I of the ADA? Title I of The ADA protects qualified individuals with a disability from being subjected to discrimination with regard to advancement, discharge, employee compensation, job training, job application, hiring, or other conditions of the individual’s employment.

9. Who is protected under Title I of the ADA? Title I of the ADA only applies to Employers with 15 or more employees for each working day in 20 or more calendar weeks. These employers include private businesses and state and local government, but does not include the United States.

10. ADA Definition of Disability • Under the ADA, an individual is defined as disabled if the individual has a physical or mental impairment that substantially limits one or more major life activities; or • Has a record of such impairment; or • Has been regarded as having such an impairment

11. ADA Definition of Disability • Title I of the ADA covers individuals who meet the definition for disabled AND who can perform their particular job or position with or without a reasonable accommodation. • The individual must be qualified for their particular job.

12. A Qualified Individual with a Disability • The individual must meet the basic skills necessary to be qualified for the job. • The individual must have the experience, education, and other job-related requirements of the job the individual holds or desires. • The individual must be able to perform those job duties which are considered to be essential or important to the individual’s position either unaided or with an accommodation.

13. Case Example Jan’s vision is impaired so she uses a service animal to help her perform daily living activities. She attended Z University and graduated with a Bachelors degree in computer science. She is now certified by the State Board of Teaching Professionals to teach computers in all primary schools. Jan teaches computer science to 10th grade students at the ABC Public High School.

14. Case Example (cont’d) Jan needs an assistive device to help her read the computer screen to her students. Jan would be a qualified individual because she meets the basic requirements for teaching high school and computer science. She would also be able to perform her job duties as a computer science teacher if ABC Public High School provided her with a screen-reader device.

15. SECTION B • Workplace / Reasonable Accommodations • What does it mean? • What are essential duties ? Example: Special chair to accommodate a person with a physical disability.

16. Workplace / Reasonable Accommodations • A reasonable accommodation means making a reasonable change to the work environment, or the way a position is customarily performed. • A reasonable accommodation should assist the qualified individual with a disability in performing the essential duties of their job. All requests for an accommodation are not automatically reasonable.

17. Workplace / Reasonable Accommodations • A reasonable accommodation also means making a change so a qualified individual with a disability can enjoy the benefits and privileges of employment as similar employees.

18. Essential Job Duties • There can be different factors used to determine how essential an individual’s job duties are to their particular position. • An individual can consider whether their job duties are specialized, or the number of employees who perform those same duties, or the amount of time spent on certain duties, to determine which duties are essential.

19. Essential Job Duties • Job descriptions and the Employer’s assessment are additional resources that can provide evidence of an individual’s essential job duties.

20. Case Example David is a paraplegic with very limited hand and finger coordination and has a personal care attendant (PCA). David works as a program analyst for a local government office which requires a lot of phone contact and typing. David request was that his PCA be allowed to assist him in contacting individuals and typing reports. David’s PCA would be a reasonable accommodation because David’s use of the PCA would change how his job is performed and assist him with his essential duties.

21. SECTION C • Rights Under the ADA • A qualified individual with a disability has a right to request a reasonable accommodation that effectively aids the individual in performing essential job duties and is not an undue hardship on the Employer.

22. Rights Under the ADA • Under the ADA, a qualified individual with a disability has the right to: • Request a Reasonable Accommodation • Participate in an interactive process

23. Right to Request a Reasonable Accommodation • A qualified individual with a disability has a right to request a reasonable accommodation regardless of their work status.

24. Right to Request a Reasonable Accommodation • A job applicant has the right to request a reasonable accommodation that will assist them in fully participating in the application process. • A request for a reasonable accommodation can be made verbally or in writing, but the individual does not need to use any “buzz words or phrases.”

25. Right to Interactive Process • An employer should initiate an interactive process to discuss the request for a reasonable accommodation when the reason for the request or the effectiveness of an accommodation is not obvious. • This process is a way for an employer and a qualified individual with a disability to review the individual’s ADA disability and those functional limitations which create barriers in the workplace.

26. Right to Interactive Process • A qualified individual with a disability has the right to provide medical records only when the need for an accommodation is not obvious or when the individual’s documentation is insufficient to support the request for a reasonable accommodation. • A qualified individual with a disability is not required to produce their entire medical history.

27. Right to Interactive Process • A qualified individual with a disability has the right to have their request considered within a reasonable time period. • Reasonable time may depend on factors like whether or not the need for a reasonable accommodation is obvious; if additional information is necessary to review the request; or if the employer and the qualified individual with a disability are engaged in an interactive discussion about the request.

28. Case Example Barbara is the lead sales associate for XYC Corporation. Barbara requests a third 15 minute break, in addition to her lunch hour, to be taken the same time every work day. According to her doctor, Barbara must take a fifteen minute nap at 2:00p.m., every day, to reduce the number and severity of epileptic seizures. Barbara has never had an epileptic seizure at work nor has she disclosed that she was diagnosed with epilepsy. An XYC Manager asks Barbara to complete a company ADA request form and provide medical documentation from her doctor. XYC can request that Barbara submit medical records to support her diagnosis and need for the 15 minute break, but XYC cannot request a copy of, nor inquire about her entire medical history.

29. SECTION D • Responsibilities under the ADA • A qualified individual with a disability is responsible for disclosing the need for a reasonable accommodation by identifying how the qualified individual’s disabling condition effects their ability to perform essential job duties.

30. Responsibilities under the ADA • Under the ADA, a qualified individual is responsible for: • Disclosing the need for a reasonable accommodation • Identifying what accommodation would be effective

31. Disclosing the Need for a Reasonable accommodation • A qualified individual with a disability is responsible for informing their employer when the individual’s disability impacts their ability to perform essential job duties. • The employer is only obligated to provide reasonable accommodations for known disabilities.

32. Disclosing the Need for a Reasonable accommodation • Generally, an employer may not ask an individual if an accommodation is needed. • If an individual’s need for a reasonable accommodation is obvious or the individual discloses their disability, then the Employer may ask whether an accommodation is necessary if they believe a reasonable accommodation will be necessary to perform specific job duties.

33. Identifying an Effective Accommodation • A qualified individual with a disability is responsible for identifying how their disabling condition effects their ability to perform their job. • There are many different ways a qualified individual with a disability can modify their worksite or the manner in which a job is performed.

34. Identifying an Effective Accommodation • Job restructuring, adjusting shift arrival and departure times, allowing flexible use of unpaid leave, modification in workplace policies, or use of assistive devices are examples of effective ways to eliminate a workplace barrier.

35. Case Example Jessica has been diagnosed with major depressive disorder. Due to this disorder, she lacks focus and concentration particularly in the mornings so she must take the city bus to get to work. Jessica is a Dental Hygienist and works for a dental office which sees patients at 9:00a.m. Jessica’s main duty requires preparing each dental station which she can do in 15 minutes. When Jessica takes the bus, she arrives to work 15 minutes late. Jessica requests that her shift begin at 8:15a.m. instead of 8:00a.m. to accommodate her later arrival.

36. Summary • Title I of the ADA is designed to address and remove barriers to employment so individuals with disabilities can enjoy the same employment opportunities as people without disabilities. • Under Title I of the ADA, an individual is defined as disabled if the individual has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or has been regarded as having such an impairment.

37. Summary • Title I of the ADA requires an individual have the basic skills, experience, education, and other related requirements of the job the individual holds or desires. • Title I of the ADA also requires an individual be able to perform those job duties which are considered to be essential or important to the position either with or without a reasonable accommodation.

38. Summary • A qualified individual with a disability has the right to request a reasonable accommodation that effectively aids them in performing their essential job duties. • A qualified individual with a disability has the right to participate in an interactive process with the Employer to discuss workplace accommodations that will be most effective.

39. Summary • A qualified individual with a disability is responsible for disclosing their need for a workplace accommodation. • A qualified individual is responsible for knowing how their disabling condition effects their ability to perform the essential duties of their job and identifying an effective accommodation.

40. These Agencies can be contacted for Additional Information • Job Accommodation Network (JAN) 1-800-ADA-WORK / 1-800-526-7234 / 1-877-781-9403 (TTY) http://www.jan.wvu.edu/media/fact.html#emp • Equal Employment Opportunity Commission(EEOC) 1-800-669-4000 / 1-800-669-6820 (TTY) http://www.eeoc.gov

41. These Agencies can be contacted for Additional Information • The U.S. Department of Justice ADA Technical Assistance Program 1-800-514-0301 (Voice) / 1-800-514-0383 (TTY) http://www.ada.gov/adahom1.htm • The Able Trust 1-888-838- ABLE (Toll-Free in Florida) / (850) 224-4493 (Voice or TDD) http://www.abletrust.org/links/ada.shtml

42. These Agencies can be contacted for Additional Information • The Florida Alliance for Assistive Services and Technology (FAAST) (850) 487-3278 (Voice) / (850) 922-5951 (TDD) http://www.faast.org/

43. Workplace AccommodationsAdvocate for your Rights!