American with Disabilities Act (ADA) Training for Supervisors

1. American with Disabilities Act (ADA) Trainingfor Supervisors Next slide

2. Introduction • This presentation provides a review of the fundamental aspects of The American with Disabilities Act (ADA) as it relates to employment. Definitions, non-compliance and accommodation requirements are covered. It should take less than 30 minutes to complete • A quiz is included at the end of the presentation to test your knowledge. • Normal features of PowerPoint (going back, skipping slides) are disabled. You must click the “Next” button to advance. Next slide

3. What is ADA? The Americans with Disabilities Act: • Applies to all employers with 15 or more employees. • Protects individuals with disabilities from discrimination. • Requires “reasonable accommodation” if needed in order to perform “essential functions” of a job. • ADA is enforced by the U.S. Equal Employment Opportunity Commission, but many states also have similar laws to ADA which are enforced locally. Next slide Source: Society for Human Resource Management, 2008

4. Disabilities in Employment The ADA makes it unlawful to discriminate in all employment practices such as: • Recruiting • Firing • Hiring • Training • Job assignments • Promotions • Pay • Benefits • Layoffs • Leave • All other employment related activities Next slide Source: Society for Human Resource Management, 2008

5. What is a Disability? • Individual has physical or mental impairment which substantially limits a major life activity. • Has record of such an impairment. • Being regarded as having such an impairment (including being subjected to prohibited action because of actual or perceived impairment whether or not impairment limits a major life activity). • Does not apply to impairment with an actual or expected duration of six months or less. • For example, an employer fires an employee from a lifeguard position because the employer heard that the employee has AIDS. The employee does not have AIDS. The employee is covered under this third part of the definition because the employee has been subjected to a negative employment action (termination) based on a perceived impairment (AIDS). Next slide Source: Society for Human Resource Management, 2008; New England ADA Center

6. caring for oneself performing manual tasks seeing hearing eating sleeping walking standing lifting bending speaking breathing learning reading concentrating thinking communicating working What is a Disability? cont’d. Impairment that substantially limits one major life activity need not limit other major life activities to be considered a disability. Definition of a “major life activity” includes: Next slide Source: Society for Human Resource Management, 2008

7. Disabilities & Substance Abuse Alcohol An alcoholic is protected by the ADA as having a disability. • [A] person who currently uses alcohol is not automatically denied protection simply because of the alcohol use. An alcoholic is a person with a disability under the ADA and may be entitled to consideration of accommodation, if s/he is qualified to perform the essential functions of a job. However, a[n] employer may discipline, discharge or deny employment to an alcoholic whose use of alcohol adversely affectsjob performance or conduct to the extent that s/he is not “qualified.” Drugs A drug addict is protected as having a disability only if he or she is receiving recovery treatment and is not a current user. • Persons addicted to drugs, but who are no longer using drugs illegally and are receiving treatment for drug addiction or who have been rehabilitated successfully, are protected by the ADA from discrimination on the basis of past drug addiction. Next slide Source: Society for Human Resource Management, 2008

8. Making Accommodations Individuals with disabilities may require an accommodation to perform the essential functions of a job. The employer has the right to determine the essential functions, educational training requirements, and the performance standards of the job, as long as standards and requirements are consistently applied and are not established specifically to discriminate against people with disabilities. A job function may be considered essential for any of several reasons, such as: • The job exists to perform that function. • The function requires specialized skills or expertise and the person is hired for that expertise. • There is only a limited number of employees to perform the function. Evidence of Essential Functions: • Employer's judgment as to which functions are essential • Written job descriptions prepared before advertising or interviewing applicants • Amount of time spent performing the function • Consequences of not performing the function • The terms of a collective bargaining agreement • Work experience of past incumbents on the job • Current work experience of incumbents in similar jobs Next slide Source: Society for Human Resource Management, 2008; Mid-Atlantic ADA Center

9. Reasonable Accommodations Definition: Any change in the work environment or in the way things are customarily done that enables a person with a disability to enjoy equal employment opportunities. Accommodations are dependent upon: • The specific requirements of the job • The particular need(s) of the employee or applicant • The extent to which modifications or aids are available without causing an undue hardship on the employing organization Determining Reasonable Accommodation: • Determine the essential functions of the job • Consult with the employee to determine his or her abilities and specific needs • Identify potential accommodations in consultation with the individual • If two or more possible accommodations exist, consider the preference of the individual, and then select the method that best serves both the individual and the business • After the implmentation of a reasonable accommodation, it is important for the employer and employee to continue the “interactive process” to ensure that the reasonable accommodation is working effectively. • Contact Human Resources early in the process for assistance. Next slide Source: Society for Human Resource Management, 2008; Mid-Atlantic ADA Center

10. Examples of Reasonable Accommodations Here are examples of reasonable accommodations: • A reader for someone who is blind or has a significant learning disability. • A qualified interpreter for people who are deaf. • Making facilities accessible – the work area, the restroom, the parking lot. • Equipment modification, such as adding headphones to an employee’s phone if they have a hearing disability. • An employer may need to be flexible concerning a work schedule. An employee with kidney disease who receives dialysis three times a week might need his/her work schedule modified so he/she can attend the dialysis appointments. • An employee may need to work part time instead of full time because of a disability. • An employer may need to modify a policy - many employers have policies prohibiting employees from eating or drinking at their workstations. An employee with insulin-dependent diabetes might need to immediately eat a candy bar or drink fruit juice as his/her insulin level necessitates. The employer must modify its policy. • Sometimes an employee with a disability needs to take leave – to get medical treatment, to get fitted for a new wheelchair, to train with a new service animal -which can take two to three weeks. • Job restructuring is another frequent accommodation and that necessitates understanding which functions are essential and which are marginal. An employer never has to reallocate essential functions as a reasonable accommodation, but can do so if it wishes. Next slide Source: New England ADA Center

11. Final Thoughts on Accommodations • Remember, a reasonable accommodation must work for both the employer and the person with the disability. The best person to identify the most effective accommodation may be the person with the disability. • Accommodations: “reasonable” and without “undue hardship”. • Tolerating poor performance unrelated to a disability is not an accommodation. • Partner with Human Resources when assessing what is reasonable and what constitutes undue hardship. • Always maintain privacy of individuals with disabilities. Next slide Source: Society for Human Resource Management, 2008; Mid-Atlantic ADA Center

12. Job Performance Employers may apply the same job performance standards to employees with disabilities and employees without disabilities. Lowering a performance standard because an employee cannot meet it due to a disability is not required as a reasonable accommodation. However, a reasonable accommodation may be required to assist an employee in meeting a performance standard. If an employee with a disability states that the disability is the cause of the problem, the employer can ask why the disability is affecting performance standards. The employer may ask whether there is an accommodation that might raise the employee’s performance. Employers find the “interactive process” helpful in clarifying what accommodation would help to correct a performance problem. Sometimes medical information from a professional will help determine what’s going on. Employers may seek medical documentation to learn: • If the condition meets the ADA’s definition of disability. • Whether and to what extent the disability is affecting job performance. • What accommodations may address the problem. • Any medical information collected must remain confidential and employers are prohibited from re-disclosing medical information. See HIPPA laws for more details. Next slide Source: New England ADA Center

13. Pre Employment Do’s and Don’ts Under the ADA, an employer may not ask disability-related questions and may not conduct medical examinations until after it makes a conditional job offer to the applicant. Employers may ask applicants: • About their ability to perform job functions • About non-medical qualifications and skills, such as education, work history, certifications and licenses • If they can meet attendance requirements Employers may: • Ask applicants to describe how they would perform job tasks • Ask applicants to demonstrate how they would perform job tasks • Require applicants to take physical agility tests (but not medical examinations) Pre-Offer employers may not: • Require medical examinations • Ask disability-related questions • Ask about an applicant’s workers' compensation history • Ask how many days an applicant was out sick in a previous job • Ask whether an applicant will need reasonable accommodation on the job Next slide Source: New England ADA Center

14. Summary • The ADA makes it unlawful to discriminate in all employment practices, including pre-employment. • A disability can be physical or mental and include substance abuse. • Reasonable accommodations should be considered for applicants and employees who can perform essential job functions with an accommodation. What’s reasonable will vary by each unique situation. • Violating the ADA may result in both serious legal repercussions and a harmful impact on the employer’s reputation within the community. • Work with HR when an accommodation is requested or required. Next slide Source: Society for Human Resource Management, 2008

15. Quiz • You will need to complete the following quiz before completing the course. • To answer each question, click on the correct answer with your mouse. • Good luck! Source: Society for Human Resource Management, 2008 Next slide

16. Question 1 What is not considered a major life activity? • Lifting • Hearing • Bending • Walking • All of the above are major life activities Source: Society for Human Resource Management, 2008

17. Incorrect, this is considered a major life activity. Please try again! Previous slide

18. Correct! Activities such as lifting, hearing, bending, walking, in addition to major bodily functions, are considered major life activities. Next slide

19. Question 2 An alcoholic is a person with a disability under the ADA and cannot be fired, even if the alcoholism impacts the performance of his/her job. • TRUE • FALSE

20. Incorrect, an employer may discipline, discharge or deny employment to an alcoholic whose use of alcohol adversely affects job performance. Please try again! Previous slide

21. Correct! An alcoholic is a person with a disability under the ADA and may be entitled to consideration of accommodation. However, an employer may discipline, discharge or deny employment to an alcoholic whose use of alcohol adversely affectsjob performance. Next slide Source: Society for Human Resource Management, 2008

22. Question 3 The only factor in determining whether a job function is essential is what percentage of the job is spent on that function. • TRUE • FALSE Next slide Source: New England ADA Center

23. Incorrect, please try again! Previous slide

24. Correct! A job function may be considered essential for any of several reasons such as the written job descriptions, amount of time spent performing the function, and/or consequences of not performing the function. Next slide

25. Question 4 When determining reasonable accommodation, an employer should not: • Determine the essential functions of the job • Consult with the employee to determine his or her abilities and specific needs • Reassign the employee to a job in which he/she is not qualified to perform • Identify potential accommodations in consultation with the individual • Contact Human Resources

26. Incorrect, this should be considered when determining reasonable accommodation. Please try again! Previous slide

27. Correct! An employer should not reassign an employee with a disability to a position that he/she is unqualified to fill. Next slide

28. Question 5 An employer must provide a reasonable accommodation, such as a flexible work schedule, to an employee who has a disability. • TRUE • FALSE

29. Incorrect, please try again! Previous slide

30. Correct! A modified schedule may involve adjusting arrival or departure times, providing periodic breaks, altering when certain functions are performed, allowing an employee to use accrued paid leave, or providing additional unpaid leave. Next slide Source: New England ADA Center

31. Congratulations! You have completed ADA Training for Supervisors. Please click here and send your completion email. Next slide

32. Questions?Contact MAJ Richard Parella, VMI ADA Coordinatorx 7322 Hit the “Esc” key to exit