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Information about the ADA and the ADAAA

Information about the ADA and the ADAAA

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  • Once you understand what makes civil rights laws unique, we shift our focus to 3 components that we believe are necessary for changes to occur. Values: If you don’t believe that people with disabilities have the right to work in the careers of choice for which they are qualified, then we can’t move forward. Laws like the ADA will be difficult, if not impossible, for you to arrive at solutions that create a win/win for the parties involved. Awareness: In order to create change, you must be aware that a barrier exists in order to identify and address it. Skills: Once aware, then you need skills and tools to help resolve the issue to everyone’s satisfaction.
  • Once you understand what makes civil rights laws unique, we shift our focus to 3 components that we believe are necessary for changes to occur. Values: If you don’t believe that people with disabilities have the right to work in the careers of choice for which they are qualified, then we can’t move forward. Laws like the ADA will be difficult, if not impossible, for you to arrive at solutions that create a win/win for the parties involved. Awareness: In order to create change, you must be aware that a barrier exists in order to identify and address it. Skills: Once aware, then you need skills and tools to help resolve the issue to everyone’s satisfaction.
  • In 2001, in the New Freedom Initiative, President George W. Bush reaffirmed the Nation’s commitment to promote the inclusion of people with disabilities in the economic, political, social, cultural, and educational mainstream of American society. This is the Nation’s public policy about people with disabilities
  • The ADA is a broad civil rights law designed to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. Like the Civil Rights Act of 1964 that prohibits discrimination on the basis of race, color, religion, national origin, and sex, the ADA seeks to ensure equal opportunity for people with disabilities. It does not guarantee equal results, establish quotas, or require preferences favoring individuals with disabilities over those without disabilities. Think about the ADA as a piece of Swiss cheese. It fills in the holes left open by other laws. It takes the legal framework of The Civil Rights Act of 1964 and combines it with the statutory language from The Rehabilitation Act of 1973 and applies it to all entities, regardless of whether or not they receive Federal funds. Therefore, the law is new only for entities that have never received Federal funds, such as places of public accommodation (private sector) and governmental entities too small to receive Federal subsidies (towns, townships, localities etc.) What is required and to what degree and when it’s required differ depending on the entity covered.
  • The ADA is designed to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities.
  • Title I is designed to remove barriers that prevent qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities.
  • The ADA only protects a person who is qualified for the job s/he has or wants. The individual with a disability must meet job-related requirements (for example, education, training, or skills requirements) and must be able to perform the job's essential functions (i.e., its fundamental duties) with or without a reasonable accommodation. Employers do not have to hire someone with a disability over a more qualified person without a disability. The goal of the ADA is to provide equal access and opportunities to individuals with disabilities, not to give them an unfair advantage. The ADA definition of "qualified individual with a disability" differs from the definitions used in the Social Security Act, state workers' compensation laws, disability insurance plans, and other disability benefits programs designed for different purposes.
  • Possible essential functions of a trainer: Create PowerPoint slides * Set up laptop and projector for presentations * Write and develop handouts * Speak in front of large groups ****** Possible marginal functions for a trainer: Manage handouts and evaluation forms * Post PowerPoint presentations online * Answer phone calls when receptionist is on out sick or on vacation
  • The ADA does not restrict an employer's authority to establish needed job qualifications, including requirements related to: education, skills, work experience, licenses or certification, physical and mental abilities health and safety other job-related requirements, such as judgment, ability to work under pressure or interpersonal skills. Even if a physical or mental qualification standard is job- related and necessary for a business, if it is applied to exclude an otherwise qualified individual with a disability, the employer must consider whether there is a reasonable accommodation that would enable this person to meet the standard. The employer does not have to consider such accommodations in establishing a standard, but only when an otherwise qualified person with a disability requests an accommodation. For example: An employer has a forklift operator job. The essential function of the job is mechanical operation of the forklift machinery. The job has a physical requirement of ability to lift a 70 pound weight, because the operator must be able to remove and replace the 70 pound battery which powers the forklift. This standard is job-related. However, it would be a reasonable accommodation to eliminate this standard for an otherwise qualified forklift operator who could not lift a 70 pound weight because of a disability, if other operators or employees are available to help this person remove and replace the battery.
  • Once you understand what makes civil rights laws unique, we shift our focus to 3 components that we believe are necessary for changes to occur. Values: If you don’t believe that people with disabilities have the right to work in the careers of choice for which they are qualified, then we can’t move forward. Laws like the ADA will be difficult, if not impossible, for you to arrive at solutions that create a win/win for the parties involved. Awareness: In order to create change, you must be aware that a barrier exists in order to identify and address it. Skills: Once aware, then you need skills and tools to help resolve the issue to everyone’s satisfaction.

Ada&Aa 2009 Ada&Aa 2009 Presentation Transcript

  • The Americans with Disabilities Act of 1990
  • 2000 Census: 19.3% of Americans self-reported as having a disability. 58 million Americans with disabilities…. 1 in 5. 20 million families have at least one (1) member with a disability. Disability Today Source: www.census.gov
  • Disability Today American Sign language is the third most used language in the US. Autism is the fastest-growing developmental disability in the US, currently with 1 in 150* births.
  • Disability Today Employment rate for people with disabilities has remained at about 35% since the passage of the ADA in 1990. Compared to a 78% employment rate for non-disabled. Employment rates from a joint NOD/Harris Poll, 2004
  • Disability Today People with disabilities have $175 billion in disposable income. Almost two times the spending power of teens. Persons with disabilities increased their use of the Internet at twice the rate of people without disabilities (400% versus 200%) between December 1998 and June 2001. Income according to the U.S. Department of Labor: www.dol.gov Internet use according to the National Organization on Disabilities, www.nod.org
  • The Americans with Disabilities Act of 1990
  • Fulfilling America’s Promise to Americans with Disabilities
    • Disability is not the experience of a minority of Americans.
    • Rather, it is an experience that will touch most Americans at some point during their lives.
    - President George W. Bush New Freedom Initiative February 1, 2001
  • Americans with Disabilities Act – A Civil Rights Law NOT an affirmative action law. Does not require hiring or prohibit firing people with disabilities. Does require equal access. Does not require “special privileges,” only ensures equality. Origins in the Civil Rights Act of 1964
  • Americans with Disabilities Act
    • Purpose
    • To prevent discrimination on the basis of disability.
    • To prohibit excluding, denying benefits to, or discriminating against a qualified individual with a disability.
  • ADA Definition of Disability
  • Definition of Disability
    • A physical or mental impairment
    • that substantially limits
    • one or more major life activities
      • Current
      • A Record of
      • Regarded as
      • Nature and severity of the impairment
      • Duration or expected duration of the impairment
      • Permanent, long term, or expected impact from the impairment
  • What’s Covered Under the ADA
    • Title I: Employment
    • Title II: Public Services
    • Title III: Public Accommodations
    • Title IV: Telecommunications
    • Title V: Miscellaneous
    What’s Covered Under the ADA
  • What’s Covered Under the ADA
    • Title I: Employment Provisions
    • Covers employers with
    • 15 or more employees.
    • Prohibits discrimination
    • in any terms, conditions, &
    • privileges of employment.
  • Qualified Individual with a Disability (Employment)
    • An individual who...
    • Satisfies the requisite skill, experience, education and other job-related requirements
    • Can perform the essential functions of the job, with or without a reasonable accommodation .
  • Qualified Individual with a Disability
    • Almost every job has “essential” functions and “marginal” functions
    • The employer decides which functions in any given job are essential
  • Possible Qualification Standards
    • Skills, experience, education, physical, medical, safety requirements
    • Must not screen out on the basis of disability, unless...
      • job-related
      • consistent with business necessity
    • Title II: Public Services
    • Part A – All services, programs and activities provided by local and state government entities must be accessible to, and usable by, individuals with disabilities.
    What’s Covered Under the ADA
    • Part B – System of public transit must be designed to serve persons with disabilities.
  • ADA Title II: Public Entities
    • Includes any state or local government, its departments, offices, & agencies. All services, programs and activities, when viewed in their entirety, are readily accessible to, and usable by, individuals with disabilities.
    • Comparable to Section 504, but all services covered, whether or not Federal funds are received (courts, town meetings, police, recreation, motor vehicle licensing, and employment).
    • Title III: Public Accommodations
    • Prohibits discrimination by private businesses in offering its goods and services to the public.
    What’s Covered Under the ADA
    • Title IV: Telecommunications
    • Mandates telephone relay service in every state that can be initiated by voice or TDD/TTY.
    • Title V: Miscellaneous
    • Exclusion of current illegal drug use and other restrictions.
  • ADA General Non-Discrimination Requirements
    • Access & Equal opportunity
    • Integration
    • Eligibility Criteria
    • Surcharges and additional requirements
    • Reasonable Modifications
    • Association
    • Effective communication
    Must not be denied access to goods or denied equal opportunity to participate and benefit from programs and services.
  • ADA General Non-Discrimination Requirements
    • Access & Equal opportunity
    • Integration
    • Eligibility Criteria
    • Surcharges and additional requirements
    • Association
    • Reasonable Modifications
    • Effective communication
    An entity must reasonably modify its policies, practices, or procedures to ensure access and equal opportunity to individuals with disabilities
  • ADA General Non-Discrimination Requirements
    • Access & Equal opportunity
    • Integration
    • Eligibility Criteria
    • Surcharges and additional requirements
    • Reasonable Modifications
    • Association
    • Effective communication
    Furnish auxiliary aids and services when needed, unless undue burden. May not charge person with disability for cost of auxiliary aid.
  • ADA General Non-Discrimination Requirements
    • Personal services and devices
    • Not required to provide personal or individually prescribed devices (hearing aids, wheelchairs) or to provide services of a personal nature (assistance in eating, toileting or dressing).
    • Maintenance of accessible features
    • Must ensure equipment and features of facilities are in working order and accessible to individuals with disabilities.
  • Limits to Responsibility Not required to take actions that would result in: Fundamental alteration in nature of program or service. Undue financial or administrative burden .
  • Limits to Responsibility
    • Significant risk of substantial harm.
    • Specific risk must be current and identifiable.
    • Based on objective medical or other factual evidence.
    • Consider whether risk can be eliminated or reduced by reasonable modification.
    An individual with a disability may be excluded if she or he poses a direct threat to the health or safety of others: Direct Threat
  • The Americans with Disabilities Act of 1990 Update: ADAAA
  • ADA Amendments Act Not an expansion of the ADA, but a restoration of the original intent. The ADAAA was supported by more than 220 national organizations, including the U.S. Chamber of Commerce, the American Society of Employers, the Society for Human Resource Management (SHRM), disability organizations, veterans' groups, church organizations, and the National Association of Manufacturers.
  • ADA Amendments Act
    • Title I Court Cases
    • Sutton v. United Airlines
    • Toyota motor mfg., Ky., Inc. V. Williams
    The Problem
  • Mitigating Measures
    • Sutton v. United Air Lines Inc., 1999.
    • The Supreme Court found that severely myopic twins who had unsuccessfully sought pilot jobs with United Airlines were not actually disabled because their vision could be corrected by eyeglasses.
  • Major Life Activities Toyota motor mfg., Ky., Inc. V. Williams, 2002 Working as a Major Life activity not enough, must prove severe restrictions in daily functions of central importance (grooming, feeding one self, etc.)
  • Definition of Disability In this system, a plaintiff must provide evidence that 1. they have a disability (non-mitigated & severely restricted in daily functions of central importance), then 2. they are a qualified individual Result: Plaintiffs either too disabled to be qualified, or not disabled enough to be covered by the ADA
  • ADA Amendments Act What’s New The Devil is in the Details Was: Prohibits a discrimination of a qualified individual with a disability Now: Prohibits a discrimination of a qualified individual on the basis of disability
  • ADA Amendments Act What’s New Spells out specifically “to reject…” Sutton & Toyota: Substantially limits should not be an “inappropriately high level of limitation” Impairment “need not limit other major life activities” Impairments in remission or episodic are covered as if they were active
  • ADA Amendments Act What’s New Determination should be made “without regard to… mitigating measures such as --” Medication, equipment, prosthetics, low vision devices, learned behavior or adaptive neurological modifications . Excluded ordinary eyeglasses (unless reason for discrimination)
  • ADA Amendments Act What’s New Major Life Activities Learning, reading, concentrating, thinking Bodily functions! (immune system, normal cell growth, neurological circulatory, endocrine, etc.)
  • ADA Amendments Act What’s New “ Regarded as Having a Disability” s/he has been subjected to an action prohibited under this act… Whether or not the impairment limits or is perceived to limit a major life activity
  • Center for Accessible Living 305 W Broadway, Suite 200 • Louisville, KY 40202 (502) 589-6620 (v) • (502) 589-6690 (TDD) * * * * * 1051 N. 16th Street, Suite C • Murray, KY 42071 (270) 753-7676 (v) • (270) 767-0549 (TDD) * * * * * www.calky.org