ADA Training for Supervisors

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Introduction

This presentation provides a review of the fundamental aspects of ADA as it relates to employment. Definitions, non-compliance and accommodation requirements are covered.

The presenter should be knowledgeable about employer obligations under The Americans with Disabilities Act.

This is a sample presentation that must be customized to include and match the employer’s own policies and practices.

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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.

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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, • lay off, • leave, • all other employment related activities

Source: JAN 2007

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What is a Disability?

• Individual has a record of, or has been regarded as having a substantial, as opposed to a minor, impairment.

• Has a substantial impairment that significantly limits or restricts a major life activity such as hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, learning or working.

• Can be physical or mental.

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Disabilities cont’d.

WalkingTalkingEatingHearingSeeingSittingStandingBreathingLearningThinking

ConcentratingPerforming manual tasksSleepingInteracting with othersCaring for oneselfReadingControlling bowelsSexual functions

There is no “list” of disabilities under ADA.

Limits one or more of “major life functions”

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Disabilities & Substance Abuse

AlcoholAn 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 affects job performance or conduct to the extent that s/he is not “qualified.”

DrugsA 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.

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Essential Functions

Essential Job Functions are the fundamental duties of the job. 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

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Making Accommodations

• Accommodations aren’t always needed.

• If needed, an accommodation should be provided to assist individual with disability to perform “essential functions” of job.

Examples:1) providing special phone for receptionist with hearing impairment2) providing frequent stretching break for employee with

muscular/joint/vascular disorder whose job requires long periods of sitting/standing

3) modifying work schedules

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Making Accommodations cont’d.

• Accommodations: “reasonable” and without “undue hardship”.

• These criteria are very high standards and cannot be easily demonstrated.

• 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.

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Noncompliance

• ADA enforced by Equal Employment Opportunity Commission (EEOC)

• 2004 UPS$9.9 million for not hiring deaf drivers

• 2005 Walmart $7.5 million for not hiring applicant with cerebral palsy

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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.

• There are serious legal consequences for violating ADA in addition to the harmful affect on the employer’s reputation in the community.

• Work with HR when an accommodation is requested or required.

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Questions? Comments?

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Course Evaluation

Please be sure to complete and leave the evaluation sheet you received with your handouts.

Thank you for your attention and interest!