ADA Compliance Overview

1. ADA Compliance Overview North Carolina Division of Social Services Presented by Carlotta Dixon, Civil Rights Coordinator Created by Kea Alexander, Work First Consultant

2. Learning Objectives • Become familiar with the provisions of the Americans with Disabilities Act (ADA) • Become familiar with strategies to assist in the screening and assessment of individuals with disabilities • Become familiar with Voluntary Compliance Agreement with Office for Civil Rights

3. DisabilityOverview • 44% of families receiving welfare benefits reported a parent or child with a disability. • Disabilities may make it difficult for participants to apply for benefits, attend appointments, understand and comply with program rules, and obtain and/or maintain employment.

4. What is a Disability? • A physical or mental impairment that substantially limits one or more major life activities of such individual; • A record of such an impairment; or • Being regarded as having such an impairment.

5. Disability Definition • Substantially limits - a limitation that affects a person’s ability to perform an activity in relation to the average person in the general population • Major Life Activities - caring for oneself, includes the operation of a major bodily function • Record of - documentation in the past • Regarded as - actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity

6. Legislative Mandates • Civil Rights Act of 1964 • Rehabilitation Act of 1973 • Americans with Disabilities Act (ADA) of 1990 • Americans with Disabilities Amendment Act (ADAA) of 2008

7. Rehabilitation Act of 1973 • First Act that provided enforcement under the Office of Civil Rights • Prohibits discrimination on the basis of disability • Applies to programs conducted by Federal agencies, programs receiving financial assistance • Section 504- protects qualified individuals with disabilities, allows for reasonable accommodations

8. Significant Elements of Section 504 • Individualized treatment - Requires that individuals with disabilities be treated on a case-by-case basis consistent with facts and objective evidence. • Effective and meaningful opportunity- Individuals with disabilities may not be treated on the basis of generalizations and stereotypes.

9. “Qualified Individuals” with Disabilities • Persons who meet normal and essential eligibility requirements • Persons with reasonable accommodation can perform essential functions of the job

10. Direct Threat • Significant risk to the health or safety of others • Cannot be eliminated by reasonable accommodations Example: A person who has active, infectious tuberculosis that is easily communicated to other people through casual contact. A doctor may provide a note to excuse the individual from certain activities until they pose less risk to others.

11. Americans with Disabilities Act (ADA) of 1990 Mandate for non-discrimination against individuals with disabilities • Title I- Employment • Title II- Services • Title III- Privately operated public accommodations • Title IV- Telecommunications services • Title V- Miscellaneous provisions

12. Americans with Disabilities Amendments Act (ADAA) of 2008 • Enforced standards addressing discrimination • Clarified the definition of a disability

13. Deafness Blindness Intellectual Disability Partial or completely missing limbs Cancer HIV or AIDS Multiple sclerosis Major depression Bipolar disorders Cerebral palsy Diabetes Epilepsy Autism Examples of Disabilities

14. Examples of Possible Disabling Conditions Asthma High Blood Pressure Learning Disabilities Back or leg impairments Carpal Tunnel Syndrome Hyperthyroidism Psychiatric Impairments

15. Less Visible Disabilities • Learning Disabilities • Cognitive Disabilities • Psychiatric Disabilities • Substance Abuse Disorders (including Alcoholism)

16. Some Conditions Excluded from ADA • Kleptomania • Compulsive Gambling • Psychoactive substance disorders resulting from current illegal drug use

17. Possible Indicators of a Disability • Easily distracted • Disorganized • Poorly formed or inconsistent handwriting • Unexplained fatigue • Excessive need for breaks • Inappropriate responses to supervisors • Inability to read or follow directions • Unexplained failure in work activities

18. What are Reasonable Accommodations? • Moderate changes or adjustments to policies or procedures to avoid discrimination on the basis of disability • To afford qualified individuals with disabilities an equal opportunity to participate in and benefit from services provided • Take steps to accommodate the individuals disability unless it would cause the agency undue hardship

19. Examples of Reasonable Accommodations: • Providing support services such as equipment, a job coach, or tutor • Assistive devices • Assisting in obtaining accessible transportation • Assisting in completing forms and/or obtaining verifications • Home visits • Specialized childcare for a child

20. Program Strategies • Partnerships with Community • More intensive case management • Develop workgroups with staff • Coordinate services across program areas • Use technical assistance available • Establish process for handling requested reasonable accommodations • Advertise this process

21. Voluntary Compliance Agreement with the Office for Civil Rights • Screening and Assessments • Reasonable Accommodations • Monitoring and Tracking • Policies and Procedures • Participants’ Rights

22. Voluntary Compliance Agreement • Dear County Director’s Letter- Economic and Family Services • May 1, 2011 EFS-WF-10-2011

23. Resource: Job Accommodation Network- http://askjan.org/

24. QUESTIONS AND ANSWERS

25. Contact Information NCDHHS-NCDSS Carlotta Dixon, MHS, CPM Civil Rights Coordinator 325 North Salisbury Street Raleigh, North Carolina 27699 919-334-1005