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TUSD Disabilities Act

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  1. 1. Americans with Disabilities Act Basics (ADA) Signing of the Americans with Disabilities Act July 26, 1990
  2. 2. Protections <ul><li>Counter Myths and Stereotypes </li></ul><ul><li>Remove Segregation and Isolation </li></ul><ul><li>Provide Accommodations </li></ul>As a piece of civil rights legislation, the ADA addresses three objectives: &quot;And now I sign legislation, which takes a sledgehammer to another wall, one which has, for too many generations, separated Americans with disabilities from the freedom they could glimpse, but not grasp. Once again, we rejoice as this barrier falls, proclaiming together we will not accept, we will not excuse, we will not tolerate discrimination in America...Let the shameful wall of exclusion finally come tumbling down.&quot; Source: Remarks of President George Bush at the signing of the ADA, July 1990
  3. 3. The ADA calls for nondiscrimination against Americans with disabilities in five areas: <ul><li>Title I – Employment </li></ul><ul><li>Title II – Public Services </li></ul><ul><li>Title III – Public Accommodations </li></ul><ul><li>Title IV – Telecommunications </li></ul><ul><li>Title V – Miscellaneous Provisions </li></ul>Protections
  4. 4. Title I - Who is an &quot;Individual with a Disability&quot; and a &quot;Qualified Individual with a Disability&quot; Two definitions &quot;individual with a disability&quot; and &quot;qualified individual with a disability&quot; are key to the Title I (employment) provisions of the ADA. Who is an &quot;individual with a disability?&quot; Under the ADA, an individual with a disability is a person who has: a physical or mental impairment that substantially limits one or more major life activities; a record of such an impairment; or is regarded as having such an impairment. Note: Diagnosis of an impairment does NOT necessarily mean a disability. Title I - Employment
  5. 5. <ul><li>Specific Exclusions: </li></ul><ul><li>Current illegal drug use </li></ul><ul><li>Certain sexual disorders and sexual preferences </li></ul><ul><li>Compulsive gambling, kleptomania, and pyromania </li></ul>
  6. 6. A “qualified individual with a disability” is someone who meets the essential eligibility requirements for a program, service or activity with or without (1) reasonable modifications to rules, policies, or procedures; (2) removal of physical and communication barriers; and (3) providing auxiliary aids or services for effective communications. Qualified Individual
  7. 7. <ul><li>Fundamental job duties of the employment position </li></ul><ul><li>Does not include marginal or peripheral functions </li></ul><ul><li>Job Descriptions available from TUSD Human Resources </li></ul><ul><li>Specifies what needs to be done, not how </li></ul>Essential Functions
  8. 8. Reasonable Accommodation Info <ul><li>Request for accommodation must be initiated by the employee with a disability </li></ul><ul><li>Large responsibility placed on individual with a disability </li></ul><ul><li>Personal services are not accommodations </li></ul><ul><li>Team effort that includes supervisors, human resources, and employee </li></ul>
  9. 9. a physical or mental impairment that substantially limits one or more major life activities; a record of such an impairment; or is regarded as having such an impairment. Determination Each request is handled individually. There are no per se disabilities.
  10. 10. Reasonable Accommodations Modifications or adjustments to a job, employment practice, or work environment that makes it possible for an individual with a disability to enjoy an equal employment opportunity. Undue hardship will not be imposed on the employer.
  11. 11. Title II- Public Services Covers State & local governments Must provide program access and effective communication Includes public transportation
  12. 12. Title III: Public Accommodations <ul><li>Applies to removal of both communication and physical barriers </li></ul><ul><li>In existing facilities: remove the readily achievable physical barriers </li></ul><ul><li>For new facilities: meet the minimum standards in ADAAG (Americans with Disabilities Act Accessibility Guidelines) </li></ul><ul><li>Provide effective communication </li></ul><ul><li>Undue Burden </li></ul>
  13. 13. Title IV: Telephone Relay Speech/Hearing Impaired Person Relay Service Non-Disabled Person TTY Video Phone Computer Voice Telephone Dial 7-1-1 VRS 866-327-8877
  14. 14. Resources <ul><li>Human Resources 520-225-6079 </li></ul><ul><li>DBTAC 800-949-4232 (V, TTY) www.adainformation.org or www.adata.org </li></ul><ul><li>Dept. of Justice 800-514-0301 www.ada.gov </li></ul><ul><li>EEOC 800-669-4000 www.eeoc.gov </li></ul>
  15. 15. Time for your questions!