Americans with Disabilities Act

Your Rights as an Individual with a Disability

Robin A. Jones, DirectorDBTAC-Great Lakes ADA Center

Department on Disability and Human DevelopmentUniversity of Illinois at Chicago

Overview of the ADA

Title I – EmploymentPrivate employers 15 or moreGovernment employers 1 or more

Title II – State and Local GovernmentsPublic schoolsPublic Transportation

Title III – Places of Public AccommodationPrivate schools

Title IV – TelecommunicationTitle V - Miscellaneous

General Provisions

Integration versus SegregationEqual Opportunity to Participate (eligibility criteria)Modification of Policy and Procedure to ensure fair/equal treatmentAccessibility of Physical EnvironmentAuxiliary Aids and Services (Braille, Interpreters, Readers, etc.)

Who is Covered?

Anyone with a physical or mental impairment that substantially limits one or more major life activitiesAnyone with a record of such an impairmentAnyone who is regarded as having such an impairmentIndividuals associated with persons with disabilities (i.e. spouse, child, etc.)

Qualified Individual with a Disability

Individual with a disability who has the prerequisite skills and experience for the position they desire to hold or currently hold and are able to perform the essential functions of the position with or without reasonable accommodation

Disclosure of Disability

No disclosure of a disability is required unless a request for a reasonable accommodation is madeResponsibility on the individual with a disability to disclose the need for an accommodation

Employer not required to second guess the need for an accommodation

Not a defense….My disability made me do it!

Disclosure of the need for an accommodation should occur when you believe that your performance is impacted by your disability and an accommodation would enable you to do your job

No need to tell employer anything unless you need an accommodation

Confidentiality

Information regarding presence of disability and documentation should be limited to “need to know” basisFaculty or supervisors do not need to know the specifics of the condition unless there is potential “direct threat” present

What is Covered?

RecruitmentApplication ProcessInterviewExaminations for employment (medical/agility/personality, etc.)PayTrainingBenefits of EmploymentPromotionLayoff/firing

What can they ask me?

Job Applications

No medical questions allowedHow many “sick days” did you take in your last job?Have you ever been treated for a mental illness?Do you have a disability? Do you take any medications?Do you need a reasonable accommodation?Have you ever filed for or received Worker’s Compensation?

Job Interviews

No Medical Questions allowedSimilar to what is prohibited on the job applicationMay do drug testing for “Illegal Drugs”

May ask questions directly related to “doing the job” or how the job might be doneMay do testing during this process

Personality profileReading/Typing/Math, etc.

Conditional Offer of Employment

May do medical testingMust be same as all applicants in same positionNo limit to what they can do

May require medical profileQuestions regarding history, use of medications, etc. all permitted during this stage

Withdrawal of the job offer at this stage must be based on “direct threat” or the inability to provide a reasonable accommodationDirect Threat must be “real” and not speculative

Employer has the burden to prove that the individual is a direct threat which is very high threshold.

Once on the Job…..

No medical inquiry unless consistent with business necessity

Maintain certain licenses, certification, etc.Return to work following injury/illness (Fitness for duty)Following an accident or other incident where policy requires medical inquiry (presence of alcohol, drugs, etc.)

Participation in wellness or other health promotion activities sponsored by employer must be voluntary

REASONABLE ACCOMMODATION

Modification or adjustment to a job, the work environment, or the way things usually are

done.

A Reasonable Accommodation Is:

A modification or adjustment to allow for equal access to the job application and interview process;

A modification or adjustment to the work environment or the way things are customarily done;

A modification or adjustment that enables employee to enjoy equal benefits and privileges of employment.

What might be reasonable?

Modified Work Schedule½ time versus full timeExtended breaksMore frequent breaks

Modification of Policy and Procedure

Allow to use accrued time to manage disability related issues

Sick versus vacation time, comp.time, etc.

Leave for medical treatmentModify when tasks are completed

AM versus PM

Provide written versus verbal instructionsProvide more frequent feedback regarding performance

Altered physical environmentQuiet work area to reduce distractionsParking space near entrances

Anxiety, etc.

Area to lay down or rest during the work day due to drowsiness caused by medications, etc.Area to store medications and/or administer medications

Use of EquipmentTape recorderHeadphones to play “white noise” or to reduce influence of external noise

Reasonable Accommodation Does Not Include:

Elimination of an essential function

Lowering production standards

Provision of personal use items

Provision of “light duty” position

Resources for More Information

Great Lakes ADA Center800-949-4232http://www.adagreatlakes.org

Equal Employment Opportunity Comm.800-669-4000http://www.eeoc.gov

More Resources

Job Accommodation Network (JAN):

800-526-7234http://www.jan.wvu.edu

Office of Disability and Employment Policy (ODEP):

202-376-6200 www.dol.gov/dol/odep/