The Devil is in the Details

1
The Devil is in the Details

• More than a decade later, the ADA is still a
  tricky law to follow.
• Case 8 by Thomas Clark

Prepared by Susan McKenna Mgmt. 610
2
Americans with Disabilities Act of 1990 (ADA)

• To establish a clear comprehensive prohibition
  of discrimination in employment on the basis of
  ones disability.
• The ADA was designed to remove barriers which
  prevent qualified individuals with disabilities
  from gaining employment opportunities that are
  available to persons without disabilities.

3
Disability Defined

• A physical or mental impairment that
  substantially limits one or more major life
  activities. Major life activities are activities
  that an average person can perform with little or
  no difficulty such as walking, breathing, seeing,
  hearing, speaking, learning, and working.
• Qualified Individual with a Disability is someone
  who satisfies skill, experience, education, and
  other job-related requirements of the position
  held or desired, and who, with or without
  reasonable accommodation, can perform the
  essential functions of that position.

4
Problems with the ADA

• Interpretation Inconsistencies
• Inconsistency with State and Local standards for
  accessibility.
• Defining Reasonable Accommodations
• Definition of Disability

5
Prohibited Inquiries

• Before making an offer of employment, an employer
  may not ask job applicants about the existence,
  nature or severity of a disability.
• Applicants may be asked about their ability to
  perform job functions.

John Otero vs. Wal-Mart Stores Inc.New Mexico
1992
6
Accessibility-Public Areas

7
Accessibility

• Areas used only by employees as work areas
• Where there are a series of individual
  workstations of the same type, 5 but not less
  than one of each type of workstation should be
  constructed so that an individual with
  disabilities can maneuver within the workstation.
  

8
Example of Reasonable Accommodation Wheelchair
Accessible Workstation
9
Alice Rehberg vs. WalMart Stores Inc.Arizona
2001

• Alice Rehberg requested permission to
  occasionally sit down while performing her duties
  as a People Greeter since she was severely
  limited in her ability to stand for extended
  periods.

10
Future Direction of the ADA

• On September 30th, 2004 the Justice Department
  published an Advance Notice of Proposed
  rulemaking of proposed revisions to the ADA
  Standards for Accessible Design to reduce the
  inconsistencies found with the current standards.
  
• The proposed revisions were put together by the
  Federal Govt. disability groups, the design and
  construction industry, State local govt.
  entities, and building code organizations over
  the past ten years.
• The revised ADA standards will apply to the
  design, construction, and alteration of any
  private or public facility subject to the ADA.