Americans with Disabilities Supervisor Training

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Americans with Disabilities Supervisor
Training
Presented by DHMH Training Services Division
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Americans with Disabilities Supervisor Training
Objectives

• Define employment provisions and general terms of
  the Americans with Disabilities Act (Federal) and
  Article 49B, Annotated Code of Maryland
• Identify misconceptions in the workplace
  regarding persons with disabilities.
• Distinguish essential from non-essential job
  functions.
• Utilize DHMH internal resources for technical
  assistance on ADA issues.

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Americans with Disabilities ActFederal Law
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Americans with Disabilities ActFederal Law

• The purpose of this law is to extend to people
  with disabilities civil rights similar to those
  now available on the basis of race, color,
  national origin, sex and religion through the
  Civil Rights Act of 1964.
• Employment
• Services Rendered by State and Local
• Governments
• Places of Public Accommodation
• Transportation
• Telecommunications services

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Americans with Disabilities ActEmployment
Provision

• No covered entity shall discriminate against a
  qualified individual with a disability because of
  the disability of such individual in regard to
• job application procedures
• the hiring, advancement, or discharge of
  employees
• employee compensation
• job training
• and other terms, conditions, and privileges of
  employment.

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Americans with Disabilities ActMajor Employment
Provisions

• Requires equal opportunity in selection, testing
  and hiring of qualified applicants with
  disabilities.
• Requires equal treatment in promotion and
  benefits.
• Prohibits discrimination against workers with
  disabilities it applies to all employers with
  15 or more employees.

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Americans with Disabilities ActMajor Employment
Provisions

• Applies to private employers, State and local
  governments, employment agencies, labor
  organizations, and joint labor-management
  committees.
• Requires reasonable accommodation for applicants
  and workers with disabilities when such
  accommodations would not impose "undue hardship."

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Americans with Disabilities ActMajor Employment
Provisions

• Employers may
• Require that an individual not pose a direct
  threat to the health and safety of the individual
  or others.
• Conduct tests for the illegal use of drugs and
  may prohibit illegal use of drugs and alcohol in
  the workplace.

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Americans with Disabilities ActMajor Employment
Provisions

• Employers may NOT
• Make pre-employment inquiries about an applicant
  s disability or conduct pre-employment medical
  exams.
• They may ask if applicants can perform specific
  (essential) job functions and may condition a job
  offer on results of a medical exam, but only if
  the exam is required for all entering employees
  in similar jobs.

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Americans with Disabilities ActKey Definitions

• What is a DISABILITY?
• A physical or mental impairment that
  substantially limits one or more of the major
  life activities
• A record of such an impairment
• Being regarded as having such an impairment even
  when no limitations exist.

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Americans with Disabilities ActKey Definitions

• What is a QUALIFIED INDIVIDUAL
• with a DISABILITY?
• An individual with a disability who, with or
  without reasonable accommodation, can perform the
  essential functions of the employment position
  that such individual holds or desires.

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Americans with Disabilities ActKey Definitions

• What is a REASONABLE ACCOMMODATION?
• May include
• Making existing facilities readily accessible to
  and usable by individuals with disabilities
• Job restructuring, part-time or modified work
  schedules, reassignment to a vacant position
• Acquisition or modification of equipment or
  devices

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Americans with Disabilities ActKey Definitions

• What is a REASONABLE ACCOMMODATION?
• May include
• Appropriate adjustment or modifications of
  examinations, training materials or policies
• The provision of qualified readers or
  interpreters
• Other similar accommodations.

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Americans with Disabilities ActKey Definitions

• What is UNDUE HARDSHIP?
• An action requiring significant difficulty or
  expense.
• Factors to be considered in determining whether
  an accommodation would cause an undue hardship
  include
• the nature and cost of the accommodation
• the resources and size of the business

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Americans with Disabilities ActKey Definitions

• What is UNDUE HARDSHIP?
• Factors to be considered (continued)
• The type of business operation
• The impact that the accommodation would have on
  the facility
• A larger employer will be expected to make
  accommodations requiring greater effort or
  expense than a smaller employer.

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Annotated Code of Maryland Article 49B
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Annotated Code of Maryland Article 49B

• Two Main Concepts in
• Employment Discrimination in Maryland
• It is unlawful for an employer to discriminate
  against any employee or applicant based on
  disability. All employees applicants have a
  right to be free of discrimination in employment.

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Annotated Code of Maryland Article 49B

• Two Main Concepts in
• Employment Discrimination in Maryland
• Employer has duty to make reasonable
  accommodations for any employee or applicant
  therefore an employee or applicant has the right
  to receive reasonable accommodation of his
  disability from his employer.

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Annotated Code of Maryland Article 49B

• What is a DISABILITY?
• any physical disability, infirmity,
  malformation or disfigurement which is caused by
  bodily injury, birth defect or illness
• Definition is intentionally broad and encompasses
  many conditions that are not necessarily totally
  disabling.
• Under Maryland law, a condition may be a
  disability even though it is NOT under the ADA.

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Annotated Code of Maryland Article 49B

• Categories of Persons Protected
• By the Law
• HAVE a disability now.
• HAD a disability in the past but not now
  (cured/recovered).
• HAVE a disability because they are regarded
  treated as such (perceived disability).

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Annotated Code of Maryland Article 49B

• Substantially limits a major life activity.
• BIG DOZEN

• Cognitive Functions
• Walking
• Caring for oneself
• Sleeping
• Performing manual
• tasks

• Reproduction
• Breathing
• Seeing
• Working
• Socializing
• Speaking
• Hearing

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Annotated Code of Maryland Article 49B

• EXAMPLES of Disabilities
• (IF they substantially limit a major life
  activity)

• Post traumatic stress
• disorder (PTS)
• Rheumatoid Arthritis
• Chronic Fatigue
• Syndrome
• Some allergies
• Migraine or Cluster
• headaches

• Stress related mental/
• emotional disorder
• Narcolepsy
• AIDS
• Hypertension
• Extreme varicose veins
• Obesity
• Asthma

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Annotated Code of Maryland Article 49B

• Bottom Line for Disability Definition
• Dont assume that because a condition is not a
  disability under ADA, it is automatically
  excluded from coverage under Maryland Law.
• Under Maryland law, a condition MAY be a
  disability even though it is not under the ADA.

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Annotated Code of Maryland Article 49B

• Reasonable Accommodation
• No simple solution.
• Determined on a case-by-case basis.
• Employer has a continuing duty to accommodate.
• Each new request for accommodation must be
  reviewed on a reasonable basis.
• Acquire a partner - DHMH's ADA Coordinator or
  your ADA Designee.

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Annotated Code of Maryland Article 49B

• Reasonable Accommodation Principles
• Employer does not have to change
• the essential functions of a job or
• uniformly applied performance standards in order
  to accommodate,
• But may have to change
• the method or
• manner or
• the time for performing the function.

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Annotated Code of Maryland Article 49B

• EXAMPLES of Reasonable Accommodations

• Time off for treatment,
• rest, recovery
• Extra bathroom breaks
• Modified testing or
• application procedure
• Flexible work schedule
• Teleworking
• Modified work uniform
• Magnifiers

• Voice activated
• computer
• Adaptive devices
• Waiver of no beard
• policy
• Transfer or reassign
• Sign language
• interpreter
• Providing dollies, carts

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Annotated Code of Maryland Article 49B

• Reasonable Accommodation Principles
• Confidentiality
• Disclosure is up to the employee.
• Disclosure to a small circle of management may be
  required in order for the employee to be entitled
  to a reasonable accommodation.
• ADA violations often come from lower levels of
  management. What may seem obvious to an ADA
  Designee is not necessarily obvious to every
  manager.
• Acquire a partner - DHMH's ADA Coordinator or
  your ADA Designee.

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Annotated Code of Maryland Article 49B

• Employee Becomes Unable
• Must transfer or reassign to another job which
  s/he is able to do.
• Must cooperate and assist employee in securing a
  transfer (with Personnel).
• If employee can identify a position for which
  s/he is qualified, must transfer or explain why.
• Big employers (like the State of Maryland) will
  be presumed to be capable of transferring the
  employee.
• Acquire a partner - DHMH's ADA Coordinator
• or your ADA Designee

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Annotated Code of Maryland Article 49B

• Verification of Disability
• Employee is responsible for verifying a
  disability and any limitations or accommodations
  required.
• Employee provides a note from his physician
  outlining disability and the accommodations which
  the employer must provide in order that the
  employee can continue to do job.
• Employer may have to do this if employee cannot.
• Acquire a partner - DHMH's ADA Coordinator
• or your ADA Designee

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Annotated Code of Maryland Article 49B

• DRUG ABUSE as a Disability
• Current abuse is NOT a disability.
• A person may allege discrimination IF s/he
• Has completed a supervised drug rehab program and
  is no longer engaging in the illegal use of
  drugs.
• Is participating in a supervised drug rehab
  program and is no longer engaging in the illegal
  use of drugs.
• Is erroneously regarded as engaging in such use
  but is not engaging in such use.

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Annotated Code of Maryland Article 49B

• ALCOHOLISM as a Disability
• (Treated differently than Drug Abuse)
• Current alcohol abuse may be a disability.
• It is a condition requiring treatment.
• Reasonable accommodation time off for treatment
  (paid and/or unpaid).
• Employee cannot be fired, demoted, disciplined
  for taking leave.

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Annotated Code of Maryland Article 49B

• ALCOHOLISM as a Disability
• (Treated differently than Drug Abuse)
• Arrest for drunk driving (DUI)
• Cannot be basis for discipline except in
  sensitive classifications.
• Employer cannot assume that arrest means
  alcoholism.
• Even if DUI at time of arrest must be allowed to
  obtain treatment.

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Annotated Code of Maryland Article 49B

• HIRING
• No matter how obvious the disability might be
• NO pre-offer questions about disability allowed.
• NONE allowed on application.
• NONE allowed during interview.
• No questions about Workers Compensation claims.

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Annotated Code of Maryland Article 49B

• HIRING
• AFTER offer has been made and accepted
• Acquire a partner - DHMH's ADA Coordinator
• or your ADA Designee.
• Employer may inquire into existence of a
  disability and any accommodation required.
• If employee says he needs no accommodation at
  time of hire, he may ask for an accommodation
  later.

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Myths Facts About People with Disabilities
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Myths Facts About People with Disabilities

• Video
• Nobody Is Burning Wheelchairs
• Produced by Easter Seals

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Myths Facts About People with Disabilities

• MYTH
• Employees with disabilities have a higher
  absentee rate than employees without
  disabilities.
• FACT
• Studies by firms such as DuPont show that
  employees with disabilities are not absent any
  more than employees without disabilities.

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Myths Facts About People with Disabilities

• MYTH
• Persons with disabilities are inspirational,
  courageous, and brave for being able to overcome
  their disability.
• FACT
• Persons with disabilities are simply carrying on
  normal activities of living when they drive to
  work, go grocery shopping, pay their bills, or
  compete in athletic events.

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Myths Facts About People with Disabilities

• MYTH
• Persons with disabilities need to be protected
  from failing.
• FACT
• Persons with disabilities have a right to
  participate in the full range of human
  experiences including success and failure.
  Employers should have the same expectations of,
  and work requirements for, all employees.

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Myths Facts About People with Disabilities

• MYTH
• Considerable expense is necessary to accommodate
  workers with disabilities.
• FACT
• Most workers with disabilities require no special
  accommodations and the cost for those who do is
  minimal or much lower than many employers
  believe. Studies have shown that 15 of
  accommodations cost nothing, 51 cost between 1
  and 500, 12 cost between 501 and 1,000, and
  22 cost more than 1,000.

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Myths Facts About People with Disabilities

• MYTH
• Persons with disabilities are unable to meet
  performance standards, thus making them a bad
  employment risk.
• FACT
• In 1990, DuPont conducted a survey of 811
  employees with disabilities and found 90 rated
  average or better in job performance compared to
  95 for employees without disabilities. Many
  other studies have show similar results.

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General Information About People with
Disabilities at Work

• U.S. Department of Labor
• Office of Disability Employment Policy
  (www.dol.gov/odep)  
• Publications - Fact Sheets

• Accommodations Get the Job Done
• Communicating With and About People with
  Disabilities
• Disability Friendly Strategies for the
  Workplace
• Facilitating Return-to-Work For Ill or Injured
  Employees
• Job Accommodations Come in Groups of One
• On the Job Employers and Employees in Their
  Own Words

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Responsibilities of a Supervisor In Relation to
Employees with Disabilities
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Responsibilities of a Supervisor In Relation to
Employees with Disabilities

• They are basically the same as they are with any
  other employee you supervise.
• Assign and monitor work.
• Evaluate performance.
• Develop skills.
• It is vital that you define the job functions
  that are central to the position according to
  essential job functions.

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Responsibilities of a Supervisor In Relation to
Employees with Disabilities

• What are essential job functions?
• Are central to the position,
• Occupy a significant amount of the employees
  time,
• If removed, would substantially change the job.

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Responsibilities of a Supervisor In Relation to
Employees with DisabilitiesQuestions to ask
when determining if a functions is essential?

• Does the position exist to perform this function?
  If this function was removed would it still be
  the same job?
• How many other employees are available to perform
  this function or among whom the performance of
  this function can be distributed?
• What is the degree of expertise or skill required
  to perform this function?
• Do current employees actually perform this
  function? Have past employees?
• How much time is spent performing this function?

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Responsibilities of a Supervisor In Relation to
Employees with Disabilities

• Essential Job Functions
• Purpose in Relation to ADA
• Under the ADA, an employer must evaluate
  individuals according to their ability to perform
  essential job functions, with or without
  reasonable accommodation.

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Responsibilities of a Supervisor In Relation to
Employees with Disabilities

• Essential Job Functions Exercise
• Go over Essential Job Function Worksheet
  examples.
• Work with a partner to identify reasons for
  considering each function as essential or not.
• Report back to group.

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Responsibilities of a Supervisor In Relation to
Employees with Disabilities

• Bottom Line
• During application process and interview NO
  questions about disability allowed.
• After offer has been made and accepted you may
  inquire into existence of a disability and any
  accommodation required.
• Acquire a partner - DHMH's ADA Coordinator or
  your ADA Designee.

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DHMH Resources
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DHMH Resources(http//www.dhmh.state.md.us/ocr/
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DHMHOffice of Community RelationsAmericans with
Disabilities

• What they do?
• Provide information and technical assistance on
  ADA
• Interpret applicable ADA laws and regulations
• Investigate complaints of discrimination
• Provide technical assistance regarding compliance
  with ADA laws and regulations
• Act as a liaison between State and Federal
  governing agencies.

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DHMHOffice of Community RelationsAmericans with
Disabilities

• Hilda DavisExecutive Director and Fair Practices
  Officer
• 201 W. Preston St.,Room 517Baltimore, MD 
  21201
• Office  410-767-6600Fax  [phone]

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DHMHOffice of Community RelationsAmericans with
Disabilities

• ADA Designees
• Each Administration, Facility, and Health
  Department has an ADA Designee.
• Many times this designee is the Personnel Advisor
  (PA).
• Check list in your packet for the name of your
  ADA Designee.
• Call Hilda Davis if you do not have one assigned.