Discrimination & Disability
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POWERPOINTAMERICANSWITHDISABILITIESACT.pptAMERICANS WITH DISABILITIES ACT
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AMERICANS WITH DISABILITIES ACT
ADA prohibits discrimination in all aspects of employment against qualified individuals with a disability because of the individual’s disabilities.
ADA generally covers employers with 15 or more employees.
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AMERICANS WITH DISABILITIES ACT
An individual has a disability under ADA when 1. The individual has a physical or mental impairment that substantially limits one or more of life’s major activities; 2 The individual has a record of such an impairment; or 3. The individual is regarded as having such an impairment.
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AMERICANS WITH DISABILITIES ACT
“Major Life Activities” have been defined by the EEOC as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
If a person has little or no difficulty performing any major life activity because s/he uses a mitigating measure, then that person will not meet the ADA's first definition of "disability."
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AMERICANS WITH DISABILITIES ACT
Exclusions from ADA include illegal drugs and homosexuality, bisexuality, transvestitism, pedophilia, exhibitionism, voyeurism, compulsive gambling, kleptomania or pyromania.
An employer may require drug workplace testing.
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AMERICANS WITH DISABILITIES ACT
“Qualified individual with a disability” is defined as one who with or without an accommodation can perform the essential functions of the position held or desired.
“Essential functions” has been defined by the EEOC as the fundamental job duties of the position as opposed to the “marginal functions” of the position.
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AMERICANS WITH DISABILITIES ACT
Written job descriptions are evidence of what constitutes the essential functions of the position.
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AMERICANS WITH DISABILITIES ACT
ADA requires employers to make “reasonable accommodations” to the known physical or mental limitations of a qualified applicant or employee unless it can be demonstrated that the accommodation would impose an undue hardship on the operation of the business.
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AMERICANS WITH DISABILITIES ACT
“Reasonable accommodations” has been defined by the EEOC as modifications or adjustments to the work environment or to the manner in which the job is usually performed that enable the qualified individual with a disability to perform the essential functions of the position.
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AMERICANS WITH DISABILITIES ACT
“Reasonable accommodation” is to be determined on a case be case basis but may include modification of the workplace, job restructuring, modification of work schedules, leaves of absences, reassignment to a vacant position, acquisition or modification of equipment or devices, the provision of qualified readers or interpreters, and temporary use of a job coach.
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AMERICANS WITH DISABILITIES ACT
An employer need not provide the best accommodation or the one requested by the employee. A reasonable accommodation is sufficient if it meets the job related needs of the individual being accommodated.
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AMERICANS WITH DISABILITIES ACT
“Undue hardship” means that providing the reasonable accommodation would result in significant difficulty or expense, based on your resources and the operation of your business.
“Undue hardship” means that an accommodation would be unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business.
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AMERICANS WITH DISABILITIES ACT
Among the factors to be considered in determining whether an accommodation is an undue hardship are the cost of the accommodation, the employer's size, financial resources and the nature and structure of its operation.
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AMERICANS WITH DISABILITIES ACT
An employer need not provide an employee with an adjustment or modification that would assist the individual both on and off the job, such as a prosthetic limb, wheelchair, or eyeglasses, remove or alter a job's essential functions, lower production or performance standards, or excuse violations of conduct rules necessary for the operation of your business.
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AMERICANS WITH DISABILITIES ACT
An employer may not ask job applicants about the existence, nature or severity of a disability and may not conduct medical examinations until the employer determines the applicant is qualified for the position and extends a conditional employment offer.
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AMERICANS WITH DISABILITIES ACT
An employer may require medical examinations or make enquiries of current employees when they are job related and consistent with business necessity.
Increased absenteeism resulting in decreased productivity is grounds to request an employee to undergo a physical examination.
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AMERICANS WITH DISABILITIES ACT
Remedies under ADA include compensatory and punitive damages, as well as reinstatement and injunctive relief.
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