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GETTING PRACTICAL ADA AND ACCOMMODATION ISSUES ON CAMPUS

GETTING PRACTICAL ADA AND ACCOMMODATION ISSUES ON CAMPUS. Michael C. Harrington, Esquire Murtha Cullina LLP Laura Rothstein, Professor University of Louisville Susan Wheeler, Esquire James Madison University. Federal and/or State Law

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GETTING PRACTICAL ADA AND ACCOMMODATION ISSUES ON CAMPUS

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  1. GETTING PRACTICAL ADA AND ACCOMMODATION ISSUES ON CAMPUS Michael C. Harrington, Esquire Murtha Cullina LLP Laura Rothstein, Professor University of Louisville Susan Wheeler, Esquire James Madison University

  2. Federal and/or State Law • Interactions with other laws, such as FMLA, Fair Housing Act, etc. • Who is Disabled? • The 2008 ADA Amendments have opened issues previously settled. • What is a reasonable accommodation? • New technology? • Is the person a direct threat?

  3. Elements of a Disability/Reasonable Accommodation Claim • Is the person legally disabled? • Federal Law? • State Law? • If so, engage in an “interactive process” to discuss whether a reasonable accommodation can be provided. • Provide a reasonable accommodation, unless to do so creates an “undue hardship.”

  4. Who Is Legally Disabled? • Federal Law • ADA with the 2008 Amendments • Rehabilitation Act • Fair Housing Act • State Law

  5. Perceived Disability

  6. Second Chance

  7. Direct Threat • To self? • To others? • Accommodation eliminates threat? • Perceived? • Focus on objective behaviors.

  8. Requesting An Accommodation • What is your policy/procedure? • Who is involved? • Where is it published? • Are Supervisors/Faculty trained?

  9. Essential Job Functions • Person must be qualified • So what is “qualified”?

  10. The Interactive Process • Dialogue…two-way conversation. • Open Mind! • Problem Solving Mode.

  11. Common Accommodations • Admissions Process • Examination Procedures/Additional Time • Modification of Deadlines • Alternative/Flexible Work Schedules • Relief from Non-Essential Job Functions • Transfer to Alternative, Available Positions • Auxiliary Aids/Services

  12. Managing Under-Performing Students/Employees • What are the specific issues? • Has the student/employee been put on notice? • Documented?

  13. Questions? Comments? Concerns?

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