Americans With Disabilities Act

1
Americans With Disabilities Act

• Organizations must make reasonable accommodation
  for the physically or mentally disabled, unless
  to do so would impose an undue hardship

2
Definition of Disability

• Definition
• A physical or mental impairment that
  substantially limits one or more major life
  activities
• A record of such impairment, or
• Being regarded as having such an impairment
• Courts Consider
• Does the plaintiff have an impairment?
• Is the life activity affected a major life
  activity?
• Does the impairment substantially limit the
  activity?
• Is the impairment relatively permanent?
• Can the person perform the job with or without a
  reasonable accommodation?

3
Major Life Activities

• Covered in the ADA
• Walking
• Seeing
• Hearing
• Breathing
• Working
• Learning
• Caring for ones self
• Not Covered
• Working at a particular job or career
• Current drug use

4
Reasonable Accommodations

• Making facilities accessible
• restructuring jobs
• Reassignment to a vacant position
• Modifying work schedules
• Acquisition or modification of equipment or
  devices
• Providing readers or interpreters
• Changing examinations, training materials, or
  policies

5
Ways to Determine if a Job Function is Essential

• Employers judgment
• Written job description
• Amount of time spent performing the function
• Consequence of not requiring the incumbent to
  perform the function
• Work experience of past job incumbents

6
Medical Exams and Inquiries

• Prehire medical exams and inquiries are
  prohibited
• Applicants may be asked if they are able to
  perform essential job related functions
• Medical exams occur after a conditional offer of
  employment

7
Clarifications

• Act does not require an organization to hire the
  disabled
• Act does not require an organization to give
  preference to the disabled
• Act requires that the disabled be given an equal
  opportunity, and if the best qualified, to be
  given the job