ADA Basics Training

1. ADA Basics Training Emily Fisher Virginia ADA Coalition

2. Overview • The ADA, or Americans with Disabilities Act, was signed into law in 1990. The ADA prohibits discrimination based on disability • The ADA covers employment; state and local government services; and private businesses • The ADA requires that these entities remove barriers that prevent people with disabilities from being full citizens

3. ADA Amendments Act (ADAAA) • ADA Amendments Act signed into law September 2008 • Restored protections of ADA that had been narrowed by court decisions • Clarified definition of disability

4. ADA Regulations 2010-Title II and III ADA Standards 2010 • ADA Regulations and Accessibility Standards were updated in 2010 • Critical changes are noted in this presentation, but for more details, go to www.ada.gov

5. Who is Considered Disabled Under the ADA? A person is considered disabled if they meet any one of the following criteria: • Someone with a physical or mental impairment that substantially limits one or more major life activities…or… • Someone with a record or history of a physical or mental impairment that substantially limited one or more major life activity….or… • Someone who is regarded as having such an impairment

6. Major Life Activities • Caring for Oneself • Performing Manual Tasks • Walking • Seeing • Hearing • Speaking • Breathing • Reproduction • Working • Sleeping ADAAA Adds Bodily Functions to Major Life Activities List Learning Sitting Standing Lifting Reading Thinking Interacting with Others Concentrating

7. Record or History of Substantial Limitation Person with a record or history of an impairment might include: • Cancer Survivor • Person with history of heart attack • Brain Injury Survivor • Person with history of Mental Illness • Person with history of drug/alcohol addiction • Intermittent Disabilities (Epilepsy, Lupus, MS)

8. Regarded as Having a Disability Person regarded as having a disability would include: • Someone with a visible birthmark/scar • Someone rumored to have a disability • Someone with a impairment that doesn’t limit them substantially, but others regard them as limited (high blood pressure; controlled diabetes; controlled seizures)

9. ADA Organization • The ADA is set up in Titles, like chapters, that address different topics. • Title I: Employment • Title II: State and Local Services • Title III: Public Accommodations • Title IV: Telecommunication • Title V: Miscellaneous

10. Title I Employment

11. FACT The ADA provides equal access to the employment process but does NOT require employers to proactively hire persons with disabilities.

12. Who is covered under ADA’s Employment Requirements Employees: A qualified individual who: • has; • has a record of, or; • is regarded as having a physical or mental impairment (or bodily function that substantially limits a major life activity.

13. Who is covered under Title I Employers: • All private employers with more than 15 employees • State and local government employers of any size (under Title II and Title I)

14. Employers Not Covered By ADA • Employers with less than 15 employees • US government executive and judicial branch (already covered by Section 504 of the Rehab Act of 1973) • Indian Tribes • Bona fide private membership clubs that are tax exempt under Section 501C of the IRS code

15. Elements addressed by ADA The ADA covers all elements of the employment including: • Applications, Interviewing, Screening and Hiring • On the job once hired • Benefits and privileges of employment

16. IMPORTANT TERMS TO KNOW • Essential Functions • Reasonable Accommodations

17. Essential Functions Essential Functions are: The tasks for which the position exists. Without these duties, the job would not exist or would be fundamentally different.

18. Reasonable Accommodations Reasonable Accommodations are defined as: Any modification or adjustment to a job, an employment practice, or the work environment that makes it possible for an individual with a disability to enjoy an equal employment opportunity.

19. Reasonable Accommodations Could be…. • Altering when or how an essential function is performed • Changing the schedule of the work • Providing interpreters or readers • Modifying exams, training materials or policies • Obtaining or modifying equipment (like tty/lighted alarms, etc)

20. Reasonable Accommodations Employers are REQUIRED to provide reasonable accommodations unless to do so would cause an undue burden. Employer can choose the cheaper or easier accommodation if several accommodations will work

21. Applications and Interviewing No questions regarding disability should be listed on the application--this includes questions on history of worker’s compensation claims, previous work injuries, medical history, etc. Job seeker responsible for requesting needed accommodations for interview Employer pays for accommodations needed

22. Interviewing Permissible Interviewing Inquiries: An employer CAN ask: • If applicant can perform the job functions with or without reasonable accommodation • If applicant can perform all the job functions, not just the essential functions • If applicant can meet the attendance requirements of the job

23. Interviewing Interviewing questions should NOT include: • If applicant will need medical leave • Questions about applicant’s illness or disability related to ability to meet attendance requirements • Nature or severity of disability • Condition causing disability • Prognosis • Treatment

24. Medical Examinations An employer CANNOT: Require a medical exam or make medical inquiries BEFORE a job offer is made Post Job Offer medical screening • Must happen after the candidate has met all other prerequisites • Must be conducted on all candidates • Only disqualifications related to the job are allowed

25. Disclosure Reasonable Documentation • Documentation from an appropriate professional concerning the individual’s disability and functional limitations • To verify the existence of a disability and the need for an accommodation

26. Filing Employment Discrimination Complaints • Filed with EEOC • Must be filed within 180 days of incident of discrimination • EEOC will provide “Right to Sue” letter to employee or could file own lawsuit • Lawsuits can only be filed after EEOC has issued a “Right to Sue” letter

27. Title II:State and Local Government • Four broad areas of requirements: • General Nondiscrimination • Program Accessibility • Equally Effective Communication • Employment

28. GeneralRequirements State and local government must provide full program access to people with disabilities. One of each type of program must be accessible but not at every location Agencies that receive government contracts must comply as well.

29. Government Programs and Services Covered by the ADA • Courthouse • Library • Recreation Center • Senior Adult Community Center • Social Services (foster care, food stamps) • Mental Health (including emergency and hotlines) • Schools • Polling Places • Information (website, phones, newsletters)

30. Are These Places Accessible? • Parking • Entrance • Primary Service Area • Restrooms • Meeting rooms

31. Program Access Methods of achieving program access include: • redesign of equipment • reassignment to accessible buildings • home visits • delivery of services at alternative accessible sites • alteration of existing facilities • Providing auxiliary aids (like interpreters, CART services, assistive listening devices etc)

32. Program Access Local Government cannot: • require participation in special/separate programs • require a person to accept an accommodation • use eligibility requirements for programs that screen out people with disabilities

33. Program Access through Policy Modification Programs must make reasonable modifications of policies, practices and procedures to avoid discrimination unless the modification would fundamentally alter the activities and services.