Office of Access and EquityPriscilla Harrison

Americans with Disability Act (ADA)

• Overview and History of the ADA• History of Federal Disability Law• Who is Protected by the ADA• What is a Reasonable Accommodation• Process for Requesting an

Accommodation • Responsibilities of Faculty, Employees,

and Students• Current ADA News

Today’s Presentation

More than 55 million Americans (18% of our population) have disabilities, and they, like all Americans, participate in a variety of programs, services, and activities provided by their state and local governments.

“ADA Update”, DOJ 6/8/2015

Where we are today

This includes many people who became disabled while serving in the military. And, by the year 2030, approximately 71.5 million baby boomers will be over age 65 and will need services and surroundings that meet their age-related physical needs.

“ADA Update”, DOJ 6/8/2015

Where we are today

History of Federal Disability Laws

Rehabilitation Act of 1973

• Section 503 - Requires federal contractors who receive contracts of more than $2,500.00 implement an affirmative action plan for the hiring and advancement of disabled workers

• Section 504 - Prohibits “any program receiving federal financial assistance” from discriminating against individuals because of a disability

The Americans with Disabilities Act (ADA) of 1990

Prohibits discrimination and guarantees equal opportunity for individuals with disabilities. Under this law, employees, job applicants, and visitors to CU with disabilities are entitled to all of the rights, privileges, advantages, and opportunities that others have when participating in civic activities

The Americans with Disabilities Act of 1990

• Title I – Prohibits discrimination against a "qualified individual with a disability" with regard to terms and conditions of employment including application procedures, as well as decisions to hire, promote, discharge, and train

• Title II – Requires compliance by state universities as

well as state and local community colleges

• The U.S. Equal Employment Opportunity Commission (EEOC) is charged with the enforcement of Title I

Rehabilitation Act Amended in 1998

Section 508 – Requires electronic and information technology to be accessible for individuals with disabilities

The Americans with Disabilities Act Amendments Act of 2008 (ADAAA)

• Both clarifies and significantly expands what is considered a “disability” under the ADA

• Establishes that an extensive analysis is not needed when trying to determine if an individual’s condition is covered under the ADA

• Results of the ADAAA – millions more individuals are

now protected under the law

Who is protected by the ADA?

The Americans with Disabilities Act• Protects the rights of people who have a physical or

mental impairment that substantially limits their ability to perform one or more major life activities, such as breathing, walking, reading, thinking, seeing, hearing, or working

• The ADA also applies to people who have a record of having a substantial impairment (e.g., a person with cancer that is in remission), are regarded as having such an impairment (e.g., a person who has scars from a severe burn), or an impairment that comes in episodes (like epilepsy)

• It even covers temporary conditions like a broken leg

The Americans with Disabilities Act Amendments Act of 2008 (ADAAA)

• The ADAAA was enacted to broaden the scope of major life activities to include (but not limited to):

Caring for oneself, performing manual tasks, eating, sleeping, standing, lifting, speaking, learning, concentrating, communicating, and other major bodily functions like functions of the immune system, normal cell growth, and functions of the digestive system, the brain, etc…

• As you see, the ADA is very comprehensive!

New Regulations regarding Individuals with Disabilities (IWD) - 2014

• Requires the implementation of a process to allow IWD to voluntarily “self-identify” during the pre-offer and post-offer stages in the hiring phase as well as during surveys sent to an organization’s current employees

• These measures enhance an organization’s ability to provide qualified IWD with opportunities within the organization

• Any modification or adjustment to a job, an employment practice or the work/educational environment that makes it possible for a qualified individual with a disability to enjoy equal employment/ educational opportunities

• Accommodations that cause an undue hardship to the organization are not required

What is a Reasonable Accommodation?

• Accommodations can include allowing flexible work hours, rearranging office furniture, buying assistive equipment like anti-glare computer screens or noise reduction headphones

• The goal is to make the individual more productive and able to perform the essential job functions

• This is a benefit to the employee, the department and everyone at CU

What is a Reasonable Employee Accommodation?

• Accommodations can include extra time on exams, test and quizzes; testing in a environment with reduced distractions; permission to leave class when needed; and unscheduled absences

• Student Disability Services (SDS) determines the best accommodation for each student on a case by case basis

What is a Reasonable Student Accommodation?

• Undue hardship is caused by any accommodation that constitutes an undue financial and administrative burden on the University, or it requires a fundamental alteration in the nature of the program

• Accommodations that cause an undue hardship to the organization are extremely rare

• Most are simple to provide and cost very little if anything at all

What is Undue Hardship?

Process for Requesting an Accommodation

• Our office requests that CU employees, including graduate teaching assistants, register with our office if they need an accommodation to do their job

• Students will register with SDS• Our office will also assist if any issues cannot

be resolved between a student, SDS and/or faculty

• Visitors to CU can also register with our office

Access & Equity Process

• Unless the disability is obvious (e.g. the individual is blind or in a wheelchair), we typically request the following:– Documentation from a professional with

appropriate training and credentials related to the area of concern

– A clearly stated diagnosis, current treatment and medications

– Defined levels of functioning and current review of the condition

Access & Equity Process

• Explanation of how the disability impacts the individual’s ability to work, based on his/her job description

• Documentation needs to be on typed letterhead, dated, and signed by the physician

• Recommended accommodations and rationale for these accommodations, and the length of time these will be needed

Access & Equity Process

• We start an interactive dialogue with the employee to determine the best way to provide the accommodation, which may not always result in the accommodation originally requested

• Work with the manager to determine if the proposed accommodation is feasible

• Ensure the employee will be able to perform the essential functions of the job

• Essential functions are defined on the employee’s job description and are the fundamental job responsibilities/primary tasks of why the position exists

Access & Equity Process

• We do not always obtain all of this documentation, as it is best to give the employee the benefit of the doubt

• An accommodation request form can be found on our website, however, we accept verbal requests

Access & Equity Process

• An individual with a disability cannot be denied an employment opportunity if they can perform the essential functions of the job, with or without a reasonable accommodation

• Non-essential job functions may be omitted from the employee’s job expectations and can be given to someone else

• A&E will ensure that all requests are handled appropriately and consistently across campus

Access & Equity Process

Responsibilities of Faculty, Employees, and Students

• Contact A&E if an accommodation is requested• Employees do not have to use the word “disability”

or “accommodation” • Keep the request and all details given by the

employee confidential• Avoid making assumptions and asking for unrelated

details regarding the employee’s condition• Be sure to document what is said by you and the

employee when discussing a disability, an accommodation request, or any attempts made to provide an accommodation

Role When Working with Employees

• To request an accommodation by contacting their manager or A&E directly

• Be willing to provide any medical documentation to A&E that may be needed regarding their disability

• Be willing to work with A&E to obtain an acceptable accommodation, even if it is not the one requested

Employee Role

• Refer the requesting student to SDS• SDS will review the student’s document-

ation, determine the appropriate type of accommodation needed and provide a letter requesting an accommodation for the student to give to faculty

• Work with the student to provide the accommodation as outlined in the letter from SDS

Role When Working with Students

• To register with SDS to request an accommodation

• Be willing to provide any medical documentation SDS may need regarding the disability

• Contact the faculty member in order to schedule an appointment to present their accommodation letter confidentially and personally to the faculty member

Student Role

• Managers should be aware that an employee can request an accommodation without using those words (e.g. My chair is hurting my back due to a slipped disc)

• Employers are not required to provide accommodations if they are not aware of the need

• Accommodations are not retroactive

ADA Facts

Current ADA News

• Fairfax Nursing Center to pay $97,500.00 for failing to provide effective communication services to individuals who are deaf or hard of hearing in the provision of medical services (2015)

• Cadbury Schweppes Bottling Group to pay $18 million for age and disability discrimination to six employees (2011)

• Wyoming Machinery Co to pay $1.2 million for disability discrimination and wrongful termination (2011)

ADA Cases

Please contact our office if we can provide any assistance to you regarding the ADA

Office of Access and Equity110 Holtzendorff Hall(P)  864-656-3181(F)  864-656-3182Website: www.clemson.edu/access/