AMERICANS WITH DISABILITIES ACT (ADA)

All materials provided in this training, including the contents of linked pages, are provided for general informational purposes only. While we seek to provide links to current and authoritative information, neither UVM nor this office guarantees the accuracy of information accessible online; therefore, this information must not be relied upon as substitute for legal advice from a qualified attorney. Please contact the UVM Office of the General Counsel to obtain current legal advice specifically

responsive to your questions.

Americans with Disabilities Act

ADA Title I: Employment

ADA requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others.

ADA Title I: Complaints

ADA complaints must be filed with the U. S. Equal Employment Opportunity Commission (EEOC) within 180 days of the date of discrimination, or 300 days if the charge is filed with a designated State or local fair employment practice agency. Individuals may file a lawsuit in Federal court only after they receive a "right-to-sue" letter from the EEOC.

Americans with Disabilities Act

To be protected by the ADA one must have a disability or have a relationship with an individual with a disability.

Examples of Physical and Mental Impairments

Back ImpairmentsRegarded as DisabledNon-Paralytic

OrthopedicDepressionRecord of DisabilityDiabetesHeart ConditionAnxietyCancer

VisionBi-Polar DisorderEpilepsyAsthmaLearning DisabilitiesHIVMultiple SclerosisAlcoholismAllergies

Examples of Major Life Activities

Caring for oneselfWalkingSeeingHearingSpeakingBreathingConcentratingCommunicatingReading

Performance of manual tasks

StandingSittingBendingLearningLiftingThinkingWorking

What is a substantial limitation?

1. Must show how impairment is substantially limiting

2. A temporary condition usually is not substantially limiting

3. Employee is evaluated based on the degree of impairment in comparison with the average person

What is a substantial limitation?

4. The determination of whether an impairment substantially limits a major life activity shall be made without regard to the following:

a. Medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies

b. Use of assistive technologyc. Reasonable accommodations or auxiliary aids or servicesd. Learned behavioral or adaptive neurological

modifications.

What is a substantial limitation?

5. Limitation must prevent employee from performing a wide range of jobs

During an Interview

Focus on person’s ability to do the job.Discuss alternative ways to do the job.Let the person tell you reasonable

accommodations they may need.

What does “otherwise qualified” mean?

If an individual has a disability, he or she must still be otherwise qualified for the job and able to perform its essential functions such as: Regular attendance Administrative duties

What are common accommodations?

Modifying schedule: adjust arrival and department time

Restructure position: reassign marginal functions

Provide tools: Long-handled broom, software

No requirement to provide new position

How to Seek a Workplace Accommodation

Bring request for accommodation to the supervisor or directly to ADA Liaison in Human Resource Services.

Begin the interactive process with ADA Liaison, a joint give and take to determine what accommodating needs might be.

Bring questionnaire addressing medical need for accommodating to health care provider and deliver responses to ADA Liaison.

How to Seek a Workplace Accommodation

Request for accommodation is evaluated with participation of Human Resource Services, General Counsel, the individual’s health care provider, supervisor and the individual.

Accommodation request is not always the one chosen.

Accommodation is either agreed to or denied.Accommodations may be revised from time to

time using the same procedure.