Americans with Disabilities Act (ADA) and Civil Rights Act of 1964

1. Americans with Disabilities Act (ADA) and Civil Rights Act of 1964 A Summary for CCS Staff

2. Purpose of ADA • Prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities..

3. Who is Protected • Employment discrimination is prohibited against "qualified individuals with disabilities." This includes applicants for employment and employees.

4. Who is protected (cont.) • An individual is considered to have a "disability" if s/he has a physical or mental impairment that substantially limits one or more major life activities. • Has a record of such an impairment or is regarded as having such an impairment. • Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected.

5. Who is a qualified individual with a Disability? • Is an individual who meets legitimate skill, experience, education, or other requirements of an employment position that s/he holds or seeks, and who can perform the essential functions of the position with or without reasonable accommodation.

6. Examples of some disabilities covered under the ADA. • An individual with epilepsy, paralysis, HIV infection, AIDS, a substantial hearing or visual impairment, intellectual disability, mental illness, or a specific learning disability is covered. • Does cover substance abusers or recovering alcoholics but NOT those currently engaging in illegal drugs or suffering from active alcoholism.

7. What is Not Covered by ADA • Also does NOT include: temporary, non-chronic ailments of short duration (e.g. loss of one arm is covered, broken arm is not) • Environmental, cultural, or economic disadvantages. • Age, pregnancy, or obesity. • Gender identity disorders, sexual behavior disorders, or compulsive gambling disorders.

8. Employers – Who does the ADA apply to? • The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations.

9. Employers - Reasonable Accommodations • Reasonable adjustment to a job or work environment that makes it possible for an individual with a disability to perform job duties. Determining whether to provide accommodations involves considering the required job tasks, the functional limitations of the person doing the job, the level of hardship to the employer, and other issues.

10. Reasonable accommodations may include but are not limited to . . . • Making existing facilities accessible • Job Restructuring/modifying work schedules, reassignment to a vacant position • Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters. • Reduced/modified work schedules

11. Determine Reasonable Accommodations • Reasonable accommodations are adjustments or modifications provided by an employer to enable people with disabilities to enjoy equal employment opportunities. Accommodations vary depending upon the needs of the individual applicant or employee. Not all people with disabilities (or even all people with the same disability) will require the same accommodation.

12. Reasonable Accommodations take into account • Purpose and essential functions of job • Job-related limitations imposed by disability • Effectiveness of potential accommodations • Preference of individual with disability • Nature and cost of the accommodations • Financial resources of the covered entity

13. Employers • Required to accommodate a known disability of an employee • Cannot if you are disable or ask about the severity of your disability • Cannot require you to take a medical examination before hiring you only if this is a requirement for all new hires.

14. Undue Hardship • An employer does not have to provide a reasonable accommodation if it imposes an undue hardship. • Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employers, size, financial resources, and the nature and structure of its operation • Determined on a case by case basis

15. What do I do if I think I am being discriminated against? • If you think you have been discriminated against in employment on the basis of a disability you should contact the U.S. Equal Employment Opportunity Commission. EEOC • Need to file a complaint within 180 days of the alleged discrimination

16. Civil Rights Act of 1964 • unlawful for an employer to "fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges or employment, because of such individual's race, color, religion, sex, or national origin."

17. The law did the following • prohibited racial discrimination in any public accommodations engaged in interstate commerce. • enforced public school desegregation • withdrew federal funding from any institution or program that endorsed discrimination

18. The law did the following (cont.) • outlawed all employment discrimination • It ensured equal voter registration • established the Equal Employment Opportunity Commission (EEOC) to monitor any violations.

19. The Law did the following • Job Advertisement – cannot publish job advertisement that shows a preference for or discourages someone from applying for a job because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

20. Role of the Equal Employment Opportunity Commission EEOC under 1964 Civil Rights Act • responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

21. Role of EEOC (cont.) • Responsible to enforce discrimination against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

22. Role of EEOC (cont.) • Has authority to file a lawsuit to protect the rights of individuals and the interests of the public • works to prevent discrimination before it occurs through outreach, education and technical assistance programs

23. What to do if • You believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information • File a Charge of Discrimination first with the EEOC • Generally have 180 days to file complaint from the day the discrimination took place

24. References • United States Department of Labor http://www.dol.gov/dol/topic/disability/ada.htm • U.S Equal Employment Opportunity Commission http://www.eeoc.gov/laws/statutes/titlevii.cfm