ADA: Who Does it Protect?

1. Who does the ADA protect? (1) He or she has a physical or mental impairment which substantially limits one or more major life activities; (2) The individual has a record of having such an impairment; or (3) He or she is regarded as having such an impairment. The ADA considers an employee or job applicant to have a disability if:

2. Remission or Episodic An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. Episodic: Epilepsy, hypertension, multiple sclerosis, asthma, and psychiatric disabilities such as depression, bipolar disorder, PTSD Remission: e.g., cancer if possible could return

3. Categories of Disability • Consistently are a disability: Deafness, blindness, intellectual disability, missing limbs, use of wheelchair, autism, cancer, cerebral palsy, diabetes, epilepsy, HIV or AIDS, multiple sclerosis, muscular dystrophy, major depression, bipolar disorder, PTSD, obsessive compulsive disorder, schizophrenia • May be a disability for some: Asthma, learning disability, back or leg impairment, panic disorder, anxiety disorder, carpal tunnel, hyperthyroidism • Usually not a disability: Common cold, seasonal or common flu, sprained joint, broken bone expected to heal

4. “Major Life Activities” Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. The EEOC regulations add: sitting, reaching, interacting with others, special sense organs, skin, genitourinary, cardiovascular, hemic, lymphatic, and musculoskeletal functions. Major bodily functions includes, but not limited to, functions of the immune system, normal cell growth, digestion, bowel and bladder functions, as well as neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

5. Reasonable Accommodation Process Once a qualified person with a disability requests an accommodation, the employer must make a reasonable effort to determine the appropriate accommodation. Interactive Process. Both employee and employer must participate and contribute.

6. “Reasonable Accommodation” May Include: • Making existing facilities used by employees readily accessible to and usable by individuals with disabilities. • Job restructuring • Modified work schedules / Leave • Reassignment to a vacant position • Modification of equipment or devices • Adjustment or modification to exams, training materials or policies • Provision of qualified readers, interpreters

7. Reasonable Accommodation Does Not Include: • Hiring another person to perform essential functions; • Creating a new job; • Reassigning essential functions to others; • Lower production standards; or • Eliminating essential function.

8. Reasonable Accommodation May be Denied When: • Not a qualified disabled person • Employee failed to cooperate in process • Employee refused RA offered • Accommodation is not reasonable • There is no reasonable accommodation • Threat to self or others • Undue hardship

9. Research on Educational Institutions (2013)

10. Info to Applicants (On-line Job Postings) Non-Discrimination statement: Carleton College does not discriminate on the basis of race, color, creed, ethnicity, religion, sex, national origin, marital status, veteran status, actual or perceived sexual orientation, gender identity and expression, status with regard to public assistance, disability, or age in providing employment or access to its educational facilities and activities. Carleton’s Statement on Diversity for student, faculty and staff is on our HR website – this includes individuals with learning or physical disabilities.

11. Interviewing Rules Legal to ask: Here is a list of essential job functions including physical requirements, can you perform all the required functions with or without accommodation? Illegal to ask: Questions relating to current or past disabilities or other health issues, amount of sick time used, leaves taken or workers compensation claims.

12. Current Employee Guidelines Supervisor may not ask employee about their health issues or keep any medical information in their files. If a medical issue is brought up to a supervisor or medical leave is requested or there is excessive use of sick days direct them to HR if it’s a staff member or SHAC if it is a student. Supervisor’s involvement with employee needs to remain in the area of work performance and work-related skills/development and refer employee on to appropriate person for anything medically related.

13. Process at Carleton Employee requests the accommodation (forms available in HR) In most cases medical support to determine limitations to essential duties, provided by their physician (form available in HR) After Interactive Process with the employee, a determination is made by HR and appropriate personnel and options are discussed with the employee Follow up from supervisor and HR required to ensure the accommodation is still needed and suitable

14. Job Accommodation Network (JAN) • Goal is to promote: hire, retain and promote disabled employee • Provides free, confidential technical assistance about job accommodations and the ADA for employers or employees.

15. JAN On-line Resource • On-line tool to get examples of accommodations to consider • General information to better understand the disability