Download Issue 12 Career and LD

CAREER AND LEARNING DISABILITIES:
YOUR RIGHTS, RESPONSIBILITIES AND
RESOURCES
The Americans with Disabilities Act – ADA (Your Rights)
Americans with Disabilities Act (ADA)
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The Americans with Disabilities Act (ADA) is a
landmark federal law passed in 1990 that protects
the rights of people with disabilities by eliminating
barriers to living and working in America.
The ADA outlaws discrimination against individuals
with disabilities in State and local government
services, public accommodations, transportation and
telecommunication.
ADA and Employment
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This law specifically prohibits employers from
discriminating against qualified individuals with
disabilities in all employment-related activities.
All employers with 15 or more employees must comply
with the ADA.
All employment activities are covered:
recruitment/application processes, firing, hiring, training,
job assignments, promotions, pay, benefits, lay off,
leave, any other employment activities.
This part of the ADA is enforced by the U.S. Equal
Employment Opportunity Commission (EEOC).
Who is Protected by the ADA?
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If you have a disability.
If you have a history of a disability.
If you are regarded by the employer as having a
disability (even if you don’t).
You must satisfy the employer’s requirements for the
job and you must be able to perform the essential
functions of the job with or without reasonable
accommodations in order to be protected by the
ADA.
Definition of a Disability
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A physical or mental impairment that substantially
limits a major life activity.
You must either have a record of this impairment or
“be regarded as” having this impairment.
Major life activities include hearing, seeing,
speaking, walking, breathing, performing manual
tasks, caring for oneself, learning or working.
The ADA Amendment Act of 2008
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Effective January 1, 2009!!
Expands the list of major life activities to include
activities not previously listed such as reading,
bending, and communicating.
Major life activities list now also includes major
bodily functions such as functions of the immune
system, normal cell growth, digestive, bowel,
bladder, neurological, brain, respiratory,
circulatory, endocrine,
and reproductive functions.
Amendment Act Continued
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Mitigating measures other than ordinary eyeglasses
or contact lenses shall not be considered in assessing
whether an individual has a disability.
An impairment that is episodic or in remission is a
disability if it would substantially limit a major life
activity when active.
Directs the Equal Employment Opportunity
Commission (EEOC) to redefine the term
“substantially limits.”
Reasonable Accommodation
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Any change or adjustment to a job or work
environment that permits a qualified applicant or
employee with a disability to participate in the job
application process, to perform the essential
functions of a job, or to enjoy the benefits and
privileges or employment equal to those enjoyed by
employees without disabilities.
Reasonable Accommodations Examples
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Providing or modifying equipment
Job restructuring
Part-time or modified work schedules
Reassignment to a vacant position
Modifying examinations, training materials, policies
Providing readers and interpreters
Making the workplace accessible to people with
disabilities
Undue Hardship
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An employer is required to provide reasonable
accommodation to a qualified applicant or employee
unless the employer can show that the accommodation
would be an undue hardship (creating significant
difficulty or expense).
The nature and cost of the accommodation in
considered in relation to the size, resources, nature and
structure of the company and is determined on a caseby-case basis.
If an accommodation is too costly for the employer, the
employee can help pay for the accommodation.
Can an Employer Ask Questions?
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If you are applying for a job, an employer cannot ask if you
are disabled or about the nature of or severity of your
disability.
If you are applying for a job, an employer can ask whether
you can perform the duties of the job with or without
reasonable accommodation.
If you are applying for a job, an employer can ask you to
describe or demonstrate how you, with or without
reasonable accommodation, you will perform the duties of
the job
Once you have been hired and started work, your
employer cannot ask questions about your disability unless
they are related to your job and necessary for the
performance of the company.
Medical Examinations
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An employer cannot require you to take a medical examination
before you are offered the job.
Once you’ve been offered the job, the employer can condition
the offer on your passing a medical examination only if all
other entering employees are required to take the same
examination.
An employer cannot reject you based on information about
your disability that is revealed during a medical examination
unless the reasons for rejection are job related.
Once you have started the job, an employer cannot ask you to
take a medical examination unless it is related to your job
responsibilities.
Your employer can conduct voluntary medical examinations as
part of an employee health program.
All medical examinations and results must be kept confidential.
How To File A Claim
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Contact the U.S. Equal Employment Opportunity
Commission within 180 days.
To contact your local EEOC field office call:
(800) 669-4000 (Voice) or (800) 669-6820 (TDD)
You may be entitled to a particular position, hiring,
promotion, reinstatement, back pay, reasonable
accommodation, reassignment and/or attorney fees
depending on the nature and extent of the
discrimination.
References
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The ADA: Myths and Facts
www.dol.gov/odep/pubs/fact/ada.htm
The ADA: Your Employment Rights as an Individual
With a Disability
www.eeoc.gov/facts/ada18.html
Notice Concerning The Americans With Disabilities
Act (ADA) Amendments Act of 2008
www1.eeoc.gov//laws/statutes/adaaa_notice.cfm