The document provides a six step model for resolving issues under the Americans with Disabilities Act (ADA). It begins with determining if the individual meets qualification standards, then if they are disabled as defined by the ADA. Next it addresses whether the individual can perform essential job functions with or without reasonable accommodation. It notes accommodations cannot cause undue hardship or pose a direct threat of harm. The document also discusses pre-employment inquiries and issues related to physical exams and drug screens under the ADA.
Applying for Employment With a Disability: Reasonable Accomodations, Undue Ha...Richard Celler
Unfortunately, individuals who have a real or perceived disability continue to suffer discrimination in the workplace though, hindering their ability to earn a living and enjoy an independent life. Learn more about employment with a disability in this presentation.
This document provides a disclaimer and overview of a toolbox of employment law information and resources. The summary states that the toolbox is intended for educational purposes and should not be considered legal advice. It also notes that using the toolbox does not create an attorney-client relationship and that competent legal advice should be sought from a licensed attorney. The toolbox includes glossaries, checklists, guides on topics like ADA/FMLA interaction and wage and hour law, as well as tools for investigations, terminations, reducing legal fees and more.
The document summarizes key aspects of disability discrimination law under the Americans with Disabilities Act (ADA). It defines a qualified individual with a disability as someone who can perform essential job functions with or without reasonable accommodation. Reasonable accommodation may include adapting workspaces or adjusting schedules. Employers must provide accommodation to known disabilities unless it poses an undue hardship. Employers cannot discriminate in hiring and can only reject applicants if no accommodation exists or the person poses a direct safety threat. The document provides guidance for employers to avoid liability, including focusing on abilities rather than limitations and engaging in interactive discussions of accommodation needs.
The document provides an overview of employment law topics including an alphabet soup glossary of common acronyms, cheat sheets on the ADA, ADEA, EPA, ERISA and COBRA, as well as sections on investigations, terminations, wage & hour laws, retaliation, social media policies, and reducing legal fees. The intended purpose is to educate about key employment laws and provide tools and resources for employers to stay compliant.
Disability Equity A South African Perspective 3dmdk12
The document discusses what constitutes a disability according to South African law, specifically the Employment Equity Act of 1998. It provides definitions for disability, including having a long-term or recurring physical or mental impairment that substantially limits prospects for employment. It also discusses considerations for determining if an impairment is substantially limiting and exclusions. Employers are instructed to focus on fair treatment and qualifications for a job rather than an applicant's incapacity.
This document provides a summary of the Family and Medical Leave Act (FMLA) including:
- Employers with 50 or more employees are covered by the FMLA
- Eligible employees are those who have worked for their employer for 12 months and 1,250 hours in the last year
- The FMLA provides up to 12 weeks of unpaid, job-protected leave per year for qualified medical and family reasons
- Employers can require employees to substitute accrued paid leave for unpaid FMLA leave.
This document outlines key concepts regarding disability discrimination law. It covers the Americans with Disabilities Act (ADA) and its requirements for employers, including providing reasonable accommodations. It defines what constitutes a disability and outlines the process employees must follow to bring a discrimination claim, including establishing a prima facie case of discrimination. It also discusses available defenses and remedies for employers found to have violated the ADA.
Applying for Employment With a Disability: Reasonable Accomodations, Undue Ha...Richard Celler
Unfortunately, individuals who have a real or perceived disability continue to suffer discrimination in the workplace though, hindering their ability to earn a living and enjoy an independent life. Learn more about employment with a disability in this presentation.
This document provides a disclaimer and overview of a toolbox of employment law information and resources. The summary states that the toolbox is intended for educational purposes and should not be considered legal advice. It also notes that using the toolbox does not create an attorney-client relationship and that competent legal advice should be sought from a licensed attorney. The toolbox includes glossaries, checklists, guides on topics like ADA/FMLA interaction and wage and hour law, as well as tools for investigations, terminations, reducing legal fees and more.
The document summarizes key aspects of disability discrimination law under the Americans with Disabilities Act (ADA). It defines a qualified individual with a disability as someone who can perform essential job functions with or without reasonable accommodation. Reasonable accommodation may include adapting workspaces or adjusting schedules. Employers must provide accommodation to known disabilities unless it poses an undue hardship. Employers cannot discriminate in hiring and can only reject applicants if no accommodation exists or the person poses a direct safety threat. The document provides guidance for employers to avoid liability, including focusing on abilities rather than limitations and engaging in interactive discussions of accommodation needs.
The document provides an overview of employment law topics including an alphabet soup glossary of common acronyms, cheat sheets on the ADA, ADEA, EPA, ERISA and COBRA, as well as sections on investigations, terminations, wage & hour laws, retaliation, social media policies, and reducing legal fees. The intended purpose is to educate about key employment laws and provide tools and resources for employers to stay compliant.
Disability Equity A South African Perspective 3dmdk12
The document discusses what constitutes a disability according to South African law, specifically the Employment Equity Act of 1998. It provides definitions for disability, including having a long-term or recurring physical or mental impairment that substantially limits prospects for employment. It also discusses considerations for determining if an impairment is substantially limiting and exclusions. Employers are instructed to focus on fair treatment and qualifications for a job rather than an applicant's incapacity.
This document provides a summary of the Family and Medical Leave Act (FMLA) including:
- Employers with 50 or more employees are covered by the FMLA
- Eligible employees are those who have worked for their employer for 12 months and 1,250 hours in the last year
- The FMLA provides up to 12 weeks of unpaid, job-protected leave per year for qualified medical and family reasons
- Employers can require employees to substitute accrued paid leave for unpaid FMLA leave.
This document outlines key concepts regarding disability discrimination law. It covers the Americans with Disabilities Act (ADA) and its requirements for employers, including providing reasonable accommodations. It defines what constitutes a disability and outlines the process employees must follow to bring a discrimination claim, including establishing a prima facie case of discrimination. It also discusses available defenses and remedies for employers found to have violated the ADA.
This document summarizes key aspects of equal opportunity and anti-discrimination law covered in Chapter 2. It discusses the main federal laws prohibiting employment discrimination based on characteristics like race, sex, religion, disability status and more. It also outlines employer obligations to provide reasonable accommodations under the Americans with Disabilities Act and avoid discriminatory practices in areas like hiring, promotions and benefits. Additionally, it covers topics like diversity management programs, designing affirmative action plans, defenses against discrimination allegations and the use of mandatory arbitration.
This document discusses the legal standards and evidence required for successful total disability individual unemployability (TDIU) claims. It notes that TDIU ratings are based on the average impairment of earning capacity rather than individual success. Evidence like work history, education, training, medical opinions on functional limitations, and Social Security determinations must be considered. The document also discusses marginal employment, extraschedular TDIU, and the definition of "substantially gainful occupation."
Disability: Does this apply to me and my work?Donna Shannon
Have you ever wondered about how having a disability impacts working? Do you know all of the agencies available to help people with disabilities? Have you ever wondered what the Americans with Disabilities Act (ADA) can do to help you? Then this webinar is for you.
Presented by Karen Prince, the Ticket to Work/Social Security Administration Cost Reimbursement Claims Coordinator at Colorado’s Division of Vocational Rehabilitation, this 40-minute introductory webinar will provide an overview of the concepts of disability and how areas of society view them. We will cover an introduction to the ADA, Workforce Centers, Vocational Rehabilitation, Social Security Administration, Independent Living Centers and the Veteran’s Administration as they relate to disability and employment issues. Plus, you will get additional resources to follow up with to find even more valuable information.
Managing the resources available for those with disabilities can often be confusing. Whether the disability is your own, someone you know, or someone you work with, this webinar will teach you where to turn for help and personal empowerment.
The document provides an overview of legal obligations and best practices for recruiting and retaining immigrant employees, including the duty to reasonably accommodate employees, avoiding discriminatory hiring barriers like unnecessary "Canadian experience" requirements, ensuring overqualification does not disadvantage immigrants, and the criteria for legal unpaid internships. It also discusses cases where the duty to accommodate and claims of discrimination based on overqualification were evaluated.
The document provides an overview of human rights legislation in New Brunswick, Canada. It discusses the duty to accommodate in employment, defining disability, the Meiorin test for determining undue hardship, examples of accommodation, and the complaint process. Key topics covered include prohibited grounds of discrimination, the employer's responsibility to accommodate, defining direct, adverse effect, and harassment, and factors considered for determining undue hardship such as costs, safety, and size of employer.
Compliance Overview - Americans with Disabilities Act (ADA)ntoscano50
The Americans with Disabilities Act (ADA) is a federal law that makes it illegal for covered employers to discriminate against qualified individuals with disabilities in all employment practices, such as recruitment, compensation, hiring and firing, job assignments, training, leave and benefits. Employers with 15 or more employees are covered by the ADA.
The ADA requires a covered employer to provide a reasonable accommodation to an employee or job applicant with a disability, unless doing so would impose an undue hardship on the operation of the employer's business. Reasonable accommodation might include, for example, making the workplace accessible for wheelchair users or providing a reader or interpreter for someone who is blind or hearing impaired.
Five Myths about Hiring People with DisabilitiesScott Rains
The document dispels five common myths about hiring and employing individuals with disabilities. In three sentences:
The document summarizes five myths employers may have regarding hiring individuals with disabilities, including that it will increase insurance rates, individuals with disabilities have higher absenteeism, accommodations are too expensive, employers cannot fire individuals with disabilities, and the ADA forces hiring unqualified candidates. For each myth, facts are provided that disabilities do not impact insurance rates or absenteeism, most accommodations cost under $500, employers can fire for legitimate reasons allowed under the ADA, and the ADA only protects qualified candidates.
This newsletter provides a summary of 3 key articles:
1) The EEOC issued new guidance on applying the ADA to cancer, diabetes, epilepsy and intellectual disabilities. It defines these conditions as disabilities and provides examples of reasonable accommodations.
2) Employers must continue complying with IRS regulations for nonqualified deferred compensation plans to avoid penalties. The IRS provides voluntary correction programs for document and operational failures.
3) Comprehensive immigration reform being debated in Congress would impact recruiting, benefits and HR for many employers. The Senate may pass a bill by July and the House is considering separate reform bills.
The document discusses the concepts of professions and professionalism. It defines professions as skilled occupations that require structured training and maintenance of skills. Professionalism involves keeping knowledge current, providing expertise objectively for the public good, and adhering to standards with integrity. Professional institutions establish requirements, standards and codes of conduct for their members. The document outlines some challenges to the concept of professions, such as claims of exercising monopoly and imbalance of power over clients. It also discusses legislation and issues relevant for IT professionals in the UK, such as data protection and intellectual property laws.
The document discusses the legal context of human resource management. It covers key laws prohibiting discrimination, such as Title VII of the Civil Rights Act of 1964. Forms of illegal discrimination include disparate treatment and disparate impact. The document also discusses legislation such as the Americans with Disabilities Act, Family and Medical Leave Act, and Genetic Information Nondiscrimination Act. Employers must evaluate their compliance with anti-discrimination and other employment laws.
There is nothing in the law that says you must hire an inferior candidate. The law
simply states that you, and any of the systems you use, cannot discriminate against the protected group(s).
This paper is not intended to provide you with a way to get around the law, but rather to provide you with a system for hiring that does not allow typical human biases to enter into the process. We all see the world from our own view; however,
sometimes this view may not be in the best interest of the position or the organization.
The document summarizes the Americans with Disabilities Act Amendments Act of 2008 and reasonable accommodations required by employers under the ADA. It discusses how the ADA was amended to broaden the definition of disability and the requirement for employers to provide reasonable accommodations to employees with disabilities, such as job restructuring, modified schedules, or equipment adjustments. Employers are not required to provide accommodations that pose an undue hardship and individuals must be qualified to perform essential job functions with or without accommodation.
Steps to Finding The Best SSDI RepresentativeAllsup
Many people are familiar with Social Security Disability Insurance or SSDI. Few, however, fully understand the eligibility rules and how to navigate the complex application process.
Best Practices When Issuing Discipline and TerminationsG&A Partners
If you ask any manager what their least favorite part of their job is, odds are one of the top answers will be about firing or reprimanding employees. Having to terminate or discipline an employee is perhaps one of the most uncomfortable and unpleasant parts of being a manager. In this webinar, Sean O'Donnell, one of G&A Partners' HR experts, will talk about some best practices and potential legal pitfalls for managers when issuing employee disciplinary actions and terminations.
The document provides an overview of employment law topics presented by Stuart E. Rudner at a Next Steps Employment Centre event. It discusses common myths about employment law, calculating notice and severance pay, the legal cornerstones of employment standards legislation, common law, contracts and policies. It also covers hiring processes, human rights considerations, accommodation, policies, investigations and terminations.
This document provides guidance on interviewing and hiring people with disabilities. It discusses qualifications for protected individuals under the ADA, conducting accessible interviews, reasonable accommodations, employer and employee responsibilities regarding accommodations, and etiquette tips for interacting with people with different types of disabilities. The goal is to educate employers on inclusive hiring practices that comply with anti-discrimination laws and allow qualified candidates with disabilities to demonstrate their abilities.
This document summarizes key issues related to employee defection and trade secrets. It discusses how California law strongly prohibits non-compete agreements but allows some restrictions to protect legitimate business interests, such as non-solicitation of customers if trade secrets are involved. The article also examines exceptions to California's restrictions and outlines types of agreements that courts generally uphold, such as confidentiality agreements. It provides analysis of legal issues around departing employees, unfair competition, and protecting trade secrets.
Comcast, Integra LifeSciences, LPL Financial, and Smucker's - Doing Your ERP ...Oracle
The GRC panel “Doing Your ERP Implementation/Upgrade Right with Oracle Advanced Controls Solutions” Session ID: CON8210. Find out how they accelerated and improved their EBS and PeopleSoft implementations, upgrades, module rollouts and patching using Advanced Controls. This is a great opportunity to learn from some of the most experienced Advanced Controls owners around!
This document summarizes key aspects of equal opportunity and anti-discrimination law covered in Chapter 2. It discusses the main federal laws prohibiting employment discrimination based on characteristics like race, sex, religion, disability status and more. It also outlines employer obligations to provide reasonable accommodations under the Americans with Disabilities Act and avoid discriminatory practices in areas like hiring, promotions and benefits. Additionally, it covers topics like diversity management programs, designing affirmative action plans, defenses against discrimination allegations and the use of mandatory arbitration.
This document discusses the legal standards and evidence required for successful total disability individual unemployability (TDIU) claims. It notes that TDIU ratings are based on the average impairment of earning capacity rather than individual success. Evidence like work history, education, training, medical opinions on functional limitations, and Social Security determinations must be considered. The document also discusses marginal employment, extraschedular TDIU, and the definition of "substantially gainful occupation."
Disability: Does this apply to me and my work?Donna Shannon
Have you ever wondered about how having a disability impacts working? Do you know all of the agencies available to help people with disabilities? Have you ever wondered what the Americans with Disabilities Act (ADA) can do to help you? Then this webinar is for you.
Presented by Karen Prince, the Ticket to Work/Social Security Administration Cost Reimbursement Claims Coordinator at Colorado’s Division of Vocational Rehabilitation, this 40-minute introductory webinar will provide an overview of the concepts of disability and how areas of society view them. We will cover an introduction to the ADA, Workforce Centers, Vocational Rehabilitation, Social Security Administration, Independent Living Centers and the Veteran’s Administration as they relate to disability and employment issues. Plus, you will get additional resources to follow up with to find even more valuable information.
Managing the resources available for those with disabilities can often be confusing. Whether the disability is your own, someone you know, or someone you work with, this webinar will teach you where to turn for help and personal empowerment.
The document provides an overview of legal obligations and best practices for recruiting and retaining immigrant employees, including the duty to reasonably accommodate employees, avoiding discriminatory hiring barriers like unnecessary "Canadian experience" requirements, ensuring overqualification does not disadvantage immigrants, and the criteria for legal unpaid internships. It also discusses cases where the duty to accommodate and claims of discrimination based on overqualification were evaluated.
The document provides an overview of human rights legislation in New Brunswick, Canada. It discusses the duty to accommodate in employment, defining disability, the Meiorin test for determining undue hardship, examples of accommodation, and the complaint process. Key topics covered include prohibited grounds of discrimination, the employer's responsibility to accommodate, defining direct, adverse effect, and harassment, and factors considered for determining undue hardship such as costs, safety, and size of employer.
Compliance Overview - Americans with Disabilities Act (ADA)ntoscano50
The Americans with Disabilities Act (ADA) is a federal law that makes it illegal for covered employers to discriminate against qualified individuals with disabilities in all employment practices, such as recruitment, compensation, hiring and firing, job assignments, training, leave and benefits. Employers with 15 or more employees are covered by the ADA.
The ADA requires a covered employer to provide a reasonable accommodation to an employee or job applicant with a disability, unless doing so would impose an undue hardship on the operation of the employer's business. Reasonable accommodation might include, for example, making the workplace accessible for wheelchair users or providing a reader or interpreter for someone who is blind or hearing impaired.
Five Myths about Hiring People with DisabilitiesScott Rains
The document dispels five common myths about hiring and employing individuals with disabilities. In three sentences:
The document summarizes five myths employers may have regarding hiring individuals with disabilities, including that it will increase insurance rates, individuals with disabilities have higher absenteeism, accommodations are too expensive, employers cannot fire individuals with disabilities, and the ADA forces hiring unqualified candidates. For each myth, facts are provided that disabilities do not impact insurance rates or absenteeism, most accommodations cost under $500, employers can fire for legitimate reasons allowed under the ADA, and the ADA only protects qualified candidates.
This newsletter provides a summary of 3 key articles:
1) The EEOC issued new guidance on applying the ADA to cancer, diabetes, epilepsy and intellectual disabilities. It defines these conditions as disabilities and provides examples of reasonable accommodations.
2) Employers must continue complying with IRS regulations for nonqualified deferred compensation plans to avoid penalties. The IRS provides voluntary correction programs for document and operational failures.
3) Comprehensive immigration reform being debated in Congress would impact recruiting, benefits and HR for many employers. The Senate may pass a bill by July and the House is considering separate reform bills.
The document discusses the concepts of professions and professionalism. It defines professions as skilled occupations that require structured training and maintenance of skills. Professionalism involves keeping knowledge current, providing expertise objectively for the public good, and adhering to standards with integrity. Professional institutions establish requirements, standards and codes of conduct for their members. The document outlines some challenges to the concept of professions, such as claims of exercising monopoly and imbalance of power over clients. It also discusses legislation and issues relevant for IT professionals in the UK, such as data protection and intellectual property laws.
The document discusses the legal context of human resource management. It covers key laws prohibiting discrimination, such as Title VII of the Civil Rights Act of 1964. Forms of illegal discrimination include disparate treatment and disparate impact. The document also discusses legislation such as the Americans with Disabilities Act, Family and Medical Leave Act, and Genetic Information Nondiscrimination Act. Employers must evaluate their compliance with anti-discrimination and other employment laws.
There is nothing in the law that says you must hire an inferior candidate. The law
simply states that you, and any of the systems you use, cannot discriminate against the protected group(s).
This paper is not intended to provide you with a way to get around the law, but rather to provide you with a system for hiring that does not allow typical human biases to enter into the process. We all see the world from our own view; however,
sometimes this view may not be in the best interest of the position or the organization.
The document summarizes the Americans with Disabilities Act Amendments Act of 2008 and reasonable accommodations required by employers under the ADA. It discusses how the ADA was amended to broaden the definition of disability and the requirement for employers to provide reasonable accommodations to employees with disabilities, such as job restructuring, modified schedules, or equipment adjustments. Employers are not required to provide accommodations that pose an undue hardship and individuals must be qualified to perform essential job functions with or without accommodation.
Steps to Finding The Best SSDI RepresentativeAllsup
Many people are familiar with Social Security Disability Insurance or SSDI. Few, however, fully understand the eligibility rules and how to navigate the complex application process.
Best Practices When Issuing Discipline and TerminationsG&A Partners
If you ask any manager what their least favorite part of their job is, odds are one of the top answers will be about firing or reprimanding employees. Having to terminate or discipline an employee is perhaps one of the most uncomfortable and unpleasant parts of being a manager. In this webinar, Sean O'Donnell, one of G&A Partners' HR experts, will talk about some best practices and potential legal pitfalls for managers when issuing employee disciplinary actions and terminations.
The document provides an overview of employment law topics presented by Stuart E. Rudner at a Next Steps Employment Centre event. It discusses common myths about employment law, calculating notice and severance pay, the legal cornerstones of employment standards legislation, common law, contracts and policies. It also covers hiring processes, human rights considerations, accommodation, policies, investigations and terminations.
This document provides guidance on interviewing and hiring people with disabilities. It discusses qualifications for protected individuals under the ADA, conducting accessible interviews, reasonable accommodations, employer and employee responsibilities regarding accommodations, and etiquette tips for interacting with people with different types of disabilities. The goal is to educate employers on inclusive hiring practices that comply with anti-discrimination laws and allow qualified candidates with disabilities to demonstrate their abilities.
This document summarizes key issues related to employee defection and trade secrets. It discusses how California law strongly prohibits non-compete agreements but allows some restrictions to protect legitimate business interests, such as non-solicitation of customers if trade secrets are involved. The article also examines exceptions to California's restrictions and outlines types of agreements that courts generally uphold, such as confidentiality agreements. It provides analysis of legal issues around departing employees, unfair competition, and protecting trade secrets.
Comcast, Integra LifeSciences, LPL Financial, and Smucker's - Doing Your ERP ...Oracle
The GRC panel “Doing Your ERP Implementation/Upgrade Right with Oracle Advanced Controls Solutions” Session ID: CON8210. Find out how they accelerated and improved their EBS and PeopleSoft implementations, upgrades, module rollouts and patching using Advanced Controls. This is a great opportunity to learn from some of the most experienced Advanced Controls owners around!
This document provides an overview of equal pay law in the UK. It discusses the principle of equal pay, defining equal work and introducing the concept of a sex equality clause. Exceptions like the material factor defense are explained, along with examples. Specific provisions regarding maternity and equal pay are outlined. The document contrasts equal pay claims with sex discrimination claims, providing factors to consider and examples of each. Key concepts like direct and indirect discrimination are defined. Overall, the document serves as a high-level primer on equal pay law and how it relates to sex discrimination claims in the UK.
The Equal Pay Act of 1970 and Equality Act of 2010 established laws around equal pay for equal work regardless of sex or other attributes. Employers are responsible for ensuring pay structures do not discriminate and are able to withstand claims. The Acts introduced the concept of equal pay for work of equal value where the jobs are substantially different but require comparable skills, decision-making and efforts. Employers must be able to evidence pay differences are due to genuine material factors other than sex or protected characteristics to defend against claims.
Issues Affecting The Enforceability Of Restrictive Employment Covenants In Th...seisenberg
This document discusses issues affecting the enforceability of restrictive employment covenants in the healthcare industry. It outlines legitimate business interests that can be protected, such as confidential information, trade secrets, unique skills/training, and referral services. It also discusses how to craft enforceable covenants, including consideration, scope, duration and geography. Specific state laws impacting enforceability of covenants not to compete with physicians are also summarized.
Nicholas Fortuna, an attorney at Allyn & Fortuna, LLP, was quoted in an article about the Pregnancy Discrimination Act. The Pregnancy Discrimination Act, enacted in 1978, amended Title VII to require employers to treat pregnant women the same as employees who are temporarily disabled. The law forbids employers from firing or refusing to hire pregnant women and from preventing women who may become pregnant from certain jobs. Women needing time off for miscarriages or other pregnancy issues have the same rights as pregnant women under the act. However, the law does not mandate special benefits for pregnant women or require employers to offer pregnancy leave.
Americans with Disabilities Act (ADA): Implications for Information DesignTonia A. Dousay
The document discusses the Americans with Disabilities Act (ADA) and its implications for information design. It provides background on the ADA and disabilities affecting learners. When designing instructional messages, universal design principles should be employed to accommodate all students' needs as required by the ADA, such as including text alternatives for images and ensuring readable font size and color contrast. Examples demonstrate violations of ADA guidelines and best practices for inclusive design.
Pregnancy Discrimination: Update and Action Steps for EmployersCase IQ
Recent legal amendments have changed the way employers should manage pregnant employees. It’s important for employers and human resources professionals to understand the implications of the changes and to understand the requirements of accommodation to avoid lawsuits and reputation damage.
HR & EMPLOYMENT LAW COMPLIANCE GUIDE for Arizona EmployersHRHelp
By threshold numbers of employees, learn the laws with which employers are required to comply, the compliance requirements, the notice & poster requirements, and the recordkeeping & documentation requirements.
The document discusses various labor law compliances that must be ensured by companies. It outlines the key responsibilities of the principal employer and contractors under acts like the Contract Labour Act, Minimum Wages Act, and Building and Other Construction Workers Act. Major compliances include registering establishments, obtaining licenses, maintaining registers and records, displaying notices, making statutory payments and returns, and ensuring payment of minimum wages. Strict penalties are prescribed for non-compliance with the labor laws. Principal employers must oversee that contractors are also fulfilling their compliance obligations.
This presentation provides an overview of the Americans with Disabilities Act (ADA) for supervisors. The ADA protects individuals with disabilities from employment discrimination and requires reasonable accommodations. A disability is defined broadly as a physical or mental impairment that substantially limits a major life activity. Employers must consider accommodations that allow applicants and employees to perform essential job functions without undue hardship. Noncompliance with the ADA can result in costly lawsuits and damage an employer's reputation.
Americans With Disabilities Act Training Presentation (ADA)Jackie Xicara
Training presentation was created for an Employee and Labor Relations school course assignment. This presentation discusses ADA compliance requirements for employers.
The document discusses disability equal employment opportunity laws in the United States, including the Americans with Disabilities Act and amendments. It provides definitions of disability, accommodation, and other key terms. It also summarizes several important court cases related to disability discrimination in employment. Overall, the document outlines the legal framework and history around disability rights in the workplace in the US.
Are You Protected Against Disability Discrimination in the Workplace?Richard Celler
The document discusses disability discrimination protections in the workplace. It notes that while laws now prohibit disability discrimination, it still sometimes occurs. It defines disability according to the ADA as a physical or mental impairment that limits major life activities. It outlines different forms of potential disability discrimination in hiring, pay, promotion and other employment areas. It also notes that to be protected, one must be qualified to perform essential job duties with or without accommodation. Federal and state laws prohibit disability discrimination for employers above a certain size.
This document provides a summary of disability laws in the United States, including the Americans with Disabilities Act (ADA), Rehabilitation Act, and Individuals with Disabilities Education Act. It defines key terms like disability, major life activities, and protections for those with a record of or regarded as having an impairment. Over 50 million Americans have a disability under these laws. The document also provides background on the ADA Amendments Act and recommends additional resources for more information.
The document discusses new regulations implementing the ADA Amendments Act that go into effect on May 24, 2011. The regulations make it easier to meet the definition of a disability by expanding what is considered a disability and limiting consideration of mitigating factors. They reinforce employers' responsibilities to provide reasonable accommodations and prohibit discrimination. Employers should review their policies and procedures to ensure compliance with the new regulations.
Kris Tanner & Dan Ditto provide detailed information about recent HR updates and laws to help keep your business compliant in 2021.
As a co-employer, we're excited to help our clients continue to grow and achieve their business goals in 2021.
ADAAAThe Americans With Disabilities Act As AmendedThe.docxAMMY30
ADAAA
The Americans With Disabilities Act As Amended
The Americans with Disabilities Act (ADA), which became effective in 1992, is an uncompromising proclamation of this country’s commitment to equal opportunity for the disabled.
The ADA is enforced by the EEOC
The act specifically provides that the procedures and remedies under Title VII of the Civil Rights Act of 1964 shall be those used or available under the ADA
Remedies available include
Injunctions
Hiring or reinstatement order (with or without back pay)
Attorney fees
The Civil Rights Act of 1991 amended 42 U.S.C. Section 1981A to allow suits for compensatory and punitive damages against parties accused of intentional discrimination in violation of the ADA
A disability is defined as a physical or mental impairment that substantially limits a person’s ability to walk, see, hear, perform manual tasks, learn, work, or care for him/herself.
Under the ADA, disability is broadly defined as:
A physical or mental impairment that substantially limits one or more of the major life activities of such individual
A record of such an impairment; or
Being regarded as having such an impairment
To qualify for ADA protection the disability must be long term (generally longer than six months) or permanent.
Individuals can establish that they are “regarded as having such an impairment” if they show that they have been subjected to discriminatory treatment because of an actual or perceived physical or mental impairment, whether or not the impairment limits or is perceived to limit a major life activity
Essential functions are the core responsibilities of a job as distinguished from marginal or incidental assignments.
The ADA applies to employers with a minimum of 15 employees.
Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability.
Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment).
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer ("undue hardship").
The law also protects people from discrimination based on their relationship with a person with a disability (even if they do not themselves have a disability). For example, it is illegal to discriminate against an employee because her husband has a disability.
The ADA encourages woul.
Overall Comments Overall you made a nice start with your U02a1 .docxjacksnathalie
This document provides feedback from a faculty member on an assignment analyzing legal and regulatory issues related to staffing management. For most criteria evaluated, the faculty member provided basic or non-performance feedback, noting the student did not sufficiently analyze the key aspects of the case such as important issues, outcome, evidence of discriminatory effects, and how guidelines help avoid issues. The faculty member recommended developing more in-depth content on the case analyzed and ensuring it is a disparate impact case. Minor errors in formatting references were also noted.
This document discusses several key aspects of equal employment opportunity laws and avoiding discrimination in the workplace. It covers requirements under the ADA to reasonably accommodate disabled employees. It also discusses defenses against discrimination claims including validating employment tests. Finally, it outlines steps to establish a diversity management program including assessing the situation, providing leadership and training, changing culture and systems, and evaluating the program.
Avoiding Workplace Pitfalls for Domestic and Foreign Workers - Discrimination...Badmus & Associates
Employment lawsuits and government audits and investigations are at a record high. In 2013 the government settled the largest immigration fine in history with a Plano, TX based company in the amount of $34 million for charges of visa and I-9 non-compliance. Avoid the penalties, damages, and negative publicity for those who have been caught unaware. Regardless of size or industry, your company must be able to prove its observance of federal and state employment laws and regulations concerning both domestic and foreign workers. The Frisco Chamber of Commerce International Business Council and Cowles & Thompson, PC present three educational events to help your organization meet regulatory challenges for your domestic and foreign employee workforce.
This presentation gives tips and tools to prevent and defend against employment and immigration discrimination claims.
This document provides guidance to hiring managers on conducting compliant and effective interviews. It discusses keeping interviews legal and non-discriminatory, assessing key candidate attributes like reliability, cultural fit and skills, and structuring a 30-minute interview model with opening, information gathering, offering information, closing, and evaluation steps. The appendix provides sample interview questions for common roles based on identified competencies.
Employment Discrimination under Texas and Federal Law -- OverviewAdam Kielich
An overview of employment discrimination laws under Texas and federal law presented by Dallas - Fort Worth employment lawyer, Adam Kielich, principal attorney at The Kielich Law Firm in Bedford, Texas.
This document provides a summary of a presentation on building inclusive and accessible HR systems and processes. The presentation was given by Debra Ruh of SSB BART Group and Tammie McNaughton of HR Success Strategies. It discusses the growing number of people with disabilities and legal obligations for accessibility. It outlines myths and barriers regarding hiring people with disabilities. The presentation provides the business case for inclusion and discusses best practices across the HR lifecycle to ensure equal access.
Who Can Be Held Liable For Florida Employment DiscriminationRichard Celler
"Whether you are a victim of employment discrimination,
an employer, or even another employee, you need to know who can be held liable for employment discrimination. Learn more about Florida employment discrimination in this presentation."
must use the reference belowBennett-Alexander, D., and Hartman.docxmayank272369
must use the reference below
Bennett-Alexander, D., and Hartman, L. (2019). Employment Law for Business, (9th ed.). NY: McGraw-Hill. ISBN 978-1-259-72233-2.
reply to the students response in 150 words minimum and provide 1 reference
question
John is a 54-year-old man with diabetes. He has worked for Telco for 20 years. Lately, he has difficulty concentrating and makes numerous mistakes. He has missed several days of work due to his diabetes. Supervisor Mark wants to fire John this week.
.
Student response
In analyzing this situation the federal statutes and/or theories of law that are applicable is the Americans with Disabilities Act of 1990 (ADA). "The ADA prohibits employers from making adverse employment decisions on the basis of a disability of an individual as long as an individual with a disability is otherwise qualified for a position with or without reasonable accommodation." It is important that an employer really understands the meaning of each term in this statue to ensure that the employer is really making an effort to accommodate if needed. This statute defines disability as "a physical or mental impairment that substantially limits one or more of the major life activities of an individual; a record of such impairment, or being regarded as having such an impairment." to break it down even further "impairment is any physiological disorder or condition... or any mental or psychological disorder which substantially limits one of life's major activities i.e. such as caring for one's self, performing manual tasks, walking, seeing, speaking, breathing, learning and
working.
" Aside from the terms defined it is also very important to highlight what it means for an employer to reasonably accommodate and what is means for a company to endure undue hardship. Reasonable accommodation is defined as "an accommodation to the individual's disability that does not place undue hardship on an employer; Undue hardship may be determined by looking to the size of the employer, the cost to the employer, the type of employer and the impact of the accommodation on the employer's operation. According to Bennett-Alexander, D. & Hartman, L.P. (2019). "An applicant or employee is otherwise qualified for the position if, with or without reasonable accommodation, the worker can perform the essential functions of the position. Reasonable accommodation in this context generally means the removal of the unnecessary restrictions of barriers. reasonable accommodation is further defined as a modification that does not place undue burden or hardship on the employer. (Page 653).
In this hypothetical the legal issues that exist is that John's supervisor wants to fire him due to his difficulty concentrating, his numerous mistakes and missing several days due to his diabetes. John's disability is protected by ADA and without making a reasonable accommodation, the employer does not have a legal right to fire him due to John's situation. The tenure that Jo.
HRM UNIT II Lesson 1 EQUAL EMPLOYMENT OPPORTUNITY (EEO)_58f235c213585377c241c...VielMarvinPBerbano
Equal employment opportunity (EEO) laws prohibit discrimination in hiring and employment decisions based on certain protected characteristics. Under EEO, all qualified candidates should have an equal chance of being hired or promoted based solely on job-related merits regardless of their race, gender, religion, or other protected attributes. EEO regulations require employers to make employment decisions only based on factors like qualifications, performance, and conduct, rather than personal characteristics. Employers who violate EEO laws can face lawsuits and penalties.
The document summarizes key points from a webinar on returning to work during COVID-19. It discusses operational risks and insurance considerations, including workers' compensation, general liability, and employment practices liability insurance. It notes potential sources of claims from COVID-19 illnesses, new employees, work from home arrangements, and higher unemployment. The document provides an overview of various insurance policies and how COVID-19 may impact coverage. It concludes by introducing the presenters from Diversified Insurance Group.
The document discusses key concepts in US employment law, including the employment-at-will doctrine and its exceptions, major federal statutes governing wages/hours and workplace safety/health, leave laws like FMLA, and protections against discrimination based on characteristics like race, gender, age, and disability under laws such as Title VII, EPA, ADEA, and ADA. Defenses to discrimination claims include business necessity, BFOQ, seniority systems, and after-acquired evidence of employee misconduct.
4. This booklet should not be construed as legal advice or legal opinion on any specific
facts or circumstances. You are urged to consult your lawyer concerning your particular
situation and any specific legal questions you may have. Employers are specifically
encouraged to consult an attorney to determine whether they are subject to other unique
state requirements that extend beyond the scope of this booklet.
5. T
o say that the Americans With Disabilities Act (ADA) is
important legislation is an understatement. The law does
much more than merely create a new category of protected
individuals to be added to those already in existence (such
as race, sex, religion, national origin and age). The law
seeks to change the very nature of the way disabled individ-
uals in our society are perceived. By forcing employers to
focus on an individual’s abilities rather than his or her limi-
tations, the Act, in effect, forces all of us to ignore what may
have been, at one time, major impediments to employment.
Title III of the ADA prohibits discrimination in public
accommodations and is dealt with in a separate booklet in
this series. Additionally, this booklet does not attempt to
address the interaction of the ADA with state workers’
compensation laws or the Family and Medical Leave Act of
1993. This booklet, covering only Title I of the ADA, is
intended to provide an overview of the components of the
employment aspects of this complex law. While an in-depth
treatment is not possible within this space, it is hoped that
busy executives and human resource professionals will find
this a quick source of preliminary information.
1
6. OVERVIEW The ADA prohibits employers with 15 or more employees
from discriminating on the basis of disability. The limited
OF THE LAW exemptions from coverage are confined to such entities as
Native American tribes and private clubs. Even Congress
is covered by this law.
Enforcement of the employment-related provisions is
administered by the Equal Employment Opportunity
Commission (EEOC) which investigates charges and
makes determinations. As with the other types of discrimi-
nation it investigates, the EEOC will issue a Notice of Right
to Sue to a charging party at the completion of its investi-
gation, whether or not it has found evidence of discrimina-
tion. Thereafter, plaintiffs may pursue their claims in
court.
The remedies available in court include orders of rein-
statement, backpay, attorneys’ fees, compensatory and – if
the discrimination has been carried out with “malice” or
“reckless indifference” – punitive damages.
ANALYSIS The ADA prohibits an employer from discriminating
against disabled individuals in regard to the terms or con-
OF THE ACT ditions of employment if the individual is qualified to per-
form the essential functions of the job with or without rea-
sonable accommodation. The accommodation cannot be
an undue hardship on the employer or create a direct
threat of harm to the employee or others.
This prohibition is construed quite broadly and includes
more than the obvious concerns such as who is hired, and
at what rate of pay. It also extends to training programs,
attendance at professional seminars, participation in com-
pany sponsored social events, and who gets the office with
the window. In short, every employment decision can be
affected by the terms of the Americans With Disabilities
Act.
2
7. A SIX STEP In analyzing Title I situations, you should consider the fol-
lowing six questions:
MODEL FOR
RESOLVING • Do the individuals meet your qualification stan-
ADA ISSUES dards?
• Are the individuals disabled?
• Can they perform the essential functions of the job
in question?
• If not, could they be performed with some accommo-
dation?
• Would the accommodation cause an undue hardship
on your company?
• Would placement of this person on the job, with or
without accommodation, pose a direct threat of harm
to the individual or others?
In the following pages you will see how answering these
six questions can resolve most ADA situations.
A. Does The Individual Meet Your Qualification
Standards?
You have the right to set minimum standards concerning
education, experience, skill levels, and other job-related
requirements. As long as these standards are realistic and
do not tend to unfairly screen out any protected categories,
such as minorities or women, they will be upheld.
Qualification standards based on uncorrected vision, how-
ever, must be job related and consistent with business
necessity. Thus, a person who does not meet your reason-
able qualification standards is not protected by the Act,
even if they are disabled.
B. Is The Individual Disabled?
Under the ADA disabled individuals are those who:
• have a physical or mental impairment that substantially
limits one or more major life activities, or
3
8. • have a record of such an impairment; or
• are regarded as having such an impairment.
• Additionally, individuals who, while not disabled them-
selves, have a relationship with disabled individuals, are
protected from discrimination under the Act but, as will
be explained later, there is no requirement to extend rea-
sonable accommodation to this class of persons. Each of
these criteria is further defined below.
1. Physical Or Mental Impairment
This includes virtually any physical, mental, or psychologi-
cal disorder or condition, cosmetic disfigurement, or ana-
tomical loss affecting one or more of the body’s systems if
the disorder or condition affects a major life activity.
The definition of impairment does not include physical
characteristics that are within “normal” range and are not
the result of a physiological disorder. For instance, eye
color, hair color, left-handedness, height, weight, and mus-
cle tone are not physical impairments covered by the Act.
Similarly, personality traits such as poor judgment or quick
temper (that are not the symptoms of a mental disorder)
are merely mental characteristics, not impairments, and
are thus not covered by the Act.
Example: An applicant who claims he cannot arrive at
work in the morning in a timely manner because he is
basically a “night” person is not considered disabled.
Likewise, predisposition to disease or illness is not a
covered impairment. Environmental, cultural, or economic
disadvantages such as poverty, lack of education, or a pris-
on record are also not impairments, nor are minor, tempo-
rary conditions such as cuts, bruises, sprains, simple infec-
tions, or short-term viruses. Finally, pregnancy alone is not
an impairment.
4
9. a. Substantially Limits
Individuals are not disabled simply because they have an
impairment. Rather, an individual’s impairment must sub-
stantially limit a major life activity to be a disability. The
ADA Amendments Act of 2008 (ADAAA) became effective
January 1, 2009. The ADAAA specifically rejects the
Supreme Court decision in which the Court stated that
“substantially” meant that an individual had to be unable
or severely restricted in performing activities that had cen-
tral importance in most individuals’ daily lives. Congress
further indicated the standard was an inappropriately high
standard that it had not intended. It directed the EEOC to
redefine “substantially limits” to be consistent with the
ADAAA, which indicates that Congress intended a more
relaxed standard for proving disability.
The EEOC recently published proposed regulations for
public comment. These proposed regulations state that
individuals are disabled when they have an impairment
that substantially limits them in a major life activity as
compared to most people in the general population.
According to the regulation, a substantial limitation does
not mean the individual is significantly restricted in per-
forming a major life activity but the impairment must be
more than a temporary and nonchronic impairment with
little or no residual effect.
Thus, substantially limited lies somewhere between
temporary and nonchronic and significantly restricted.
The EEOC further indicates that substantially limits is a
“common sense standard,” which should be broadly con-
strued. The EEOC also states that an impairment neither
is required to substantially limit activities of central impor-
tance in an individual’s daily life nor to substantially limit
a person in more than one major life activity. Moreover, an
impairment that is episodic or in remission can be a dis-
ability if it is substantially limiting when it occurs. Finally,
an impairment does not have to last at least six months to
be substantially limiting.
5
10. When evaluating whether the individual is substantially
limited in a major life activity, the positive effects of mea-
sures used to correct, or to mitigate the effects of, a physi-
cal or mental impairment, cannot be taken into consider-
ation. But the negative effects of mitigating measures do
have to be taken into account. Thus a person who takes
medication that completely controls a condition still may
be disabled. The EEOC’s proposed regulations include sur-
gery as a mitigating measure that cannot be taken into
account unless it completely eliminates the impairment.
Thus, even if surgery eliminates the substantial limitation
an impairment imposes, but not the impairment itself,
individuals must be evaluated as if they have not had sur-
gery. Consequently, individuals who had surgery that less-
ened the impact of their impairment on major life activi-
ties so that it was not substantial are still disabled.
Mitigating measures do not include ordinary glasses or
contact lenses.
Example: An epileptic whose symptoms are completely
controlled by medicine is covered by the Act. He is con-
sidered “disabled” if his condition in an unmedicated
state would substantially limit one of his major life
activities.
Example: An individual with vision impairment whose
condition is corrected through the use of prescription
glasses, however, is not disabled.
Example: An individual has an impairment that is not
substantially limiting by itself. But the medication used
to treat the impairment imposes a substantial limita-
tion on the individual’s ability to sleep. The individual
is disabled.
b. Major Life Activity
Major life activities include such things as caring for one’s
self, performing manual tasks, walking, sitting, standing,
lifting, reaching, seeing, hearing, speaking, breathing,
learning, and working. Also included in this list are mental
6
11. and emotional processes such as thinking, concentrating,
and interacting with others, and working. Additionally,
major life activities include bodily functions such as the
immune system, normal cell growth, digestive, bowel, blad-
der, neurological, brain, respiratory, circulatory, endocrine,
and reproductive functions.
c. Conditions The EEOC Indicates Will Consistently
Be Disabilities
In its proposed regulations, the EEOC lists the following
conditions as those that it believes will consistently meet
the standard of disability after an individualized analysis:
Deafness
Blindness
Intellectual disability
Partially or completely missing limbs
Mobility impairments requiring use of wheelchair
Autism
Cancer
Cerebral Palsy
Diabetes
Epilepsy
HIV or AIDs
Multiple Sclerosis
Muscular Dystrophy
Major Depression
Bipolar Disorder
Obsessive Compulsive Disorder
Post Traumatic Stress Disorder
Schizophrenia
The absence of an impairment from the foregoing list
does not mean it will not consistently meet the test for
being substantially limiting. For example, some forms of
depression and some seizure disorders may also meet the
test.
7
12. d. Major Life Activity of Working
According to the EEOC’s proposed regulations to the ADAAA,
individuals are substantially limited in working if they have an
impairment that substantially limits their ability to perform, or
to meet the qualifications for, the type of work at issue.
The “type of work at issue” includes the job the individual
has been performing, or for which the individual is applying,
and jobs with similar qualifications which the individual would
be substantially limited in performing because of the impair-
ment. Types of work include jobs with similar requirements,
such as DOL-regulated truck- driving jobs, jobs with repeated
lifting, and jobs with similar working conditions such as high
stress jobs.
e. Some Conditions Are Not Covered By The ADA
As stated above, temporary nonchronic conditions with lit-
tle or no residual effect are not disabilities. Moreover, peo-
ple with certain conditions which would otherwise certain-
ly seem to be disabling are specifically excluded. These
include compulsive gamblers, kleptomaniacs and pyroma-
niacs for example.
Similarly, individuals with certain sexual disorders
such as pedophilia or voyeurism are not covered.
Homosexuality and bi-sexuality are also not covered,
because they are not considered to be disabilities.
Special care must be used in assessing the Act’s cover-
age of those with drug or alcohol problems.
• Drug Use
The ADA excludes from the definition of disability the cur-
rent illegal use of drugs. “Current use” is use that has
occurred recently enough to indicate that the individual is
actively engaged in such conduct. Thus, current drug
users do not have the protection of this Act. Individuals
8
13. who have overcome drug addiction (those who are in reha-
bilitation or who have completed rehabilitation and who
are not current drug users) are protected, however. This
applies only to those with a serious enough problem to rise
to the level of an addiction. An individual who had a histo-
ry of mere casual drug use would not be protected.
• Alcoholism
Alcoholism is not expressly excluded by the ADA, and the
EEOC considers alcoholism to be a protected disability.
Although this means that you may not discriminate against
an applicant or employee simply because he or she is an
alcoholic, you may certainly prohibit employees from using
or being under the influence of alcohol while at work.
Alcoholics and former drug addicts, even though within
ADA’s protection in general, will not be protected if they fail
to meet your regular employment standards. You may be
required, however, to provide reasonable accommodation
to give them an opportunity to do so.
2. Record of a Covered Impairment
The ADA also protects as disabled, those individuals with
“a record of such an impairment.” This would include
someone who
• had a physical or mental disorder but no longer has
that impairment; or
• was simply misclassified as having such an impair-
ment.
Example: Former cancer patients may not be discrimi-
nated against because of their prior medical history.
Example: An individual of normal intelligence who
was mistakenly classified as “mentally retarded” or
“learning disabled” is protected.
9
14. The impairment indicated in the record must be one
that would be otherwise covered under the Act.
Note: Even though an individual has a record of being a
“disabled” veteran or on a “disability retirement,” or is
classified as disabled for other purposes such as workers’
compensation, he or she may not satisfy the definition of
disability under the ADA. In making a disability determi-
nation, other statutes sometimes apply a different standard
than the ADA.
3. Regarded As Impaired
Individuals who are “regarded as having such an impair-
ment” are those who are subjected to an employment
action based on:
• a physical or mental impairment that is not transitory
(lasting less than six months) and minor; or
• do not have a physical or mental impairment but are
treated as though they have one that is not transitory
and minor.
The employer does not have to perceive the individual’s
impairment as substantially limiting. According to the
EEOC’s Proposed Regulations to the ADAAA, an action
based on an actual or perceived impairment includes
action taken because of the employee’s medication or
because of a symptom of the impairment even if the
employer does not know what the impairment is. An
employee is not perceived to have an impairment if the
impairment is one that lasts less than six months and is
minor.
Example: A restaurant fires an employee whose part-
ner has HIV because it believes the employee must have
it too. HIV is not a transitory and minor impairment.
Therefore, the employer has perceived the employee as
disabled.
10
15. Example: An individual who is not hired because he
has a broken leg that is healing normally is not regarded
as disabled because the broken leg is transitory and
minor.
4. Relationship With Disabled Individuals
While the law prohibits discrimination against persons in
this category, it does not require reasonable accommoda-
tion (explained below) to meet their needs. For example, a
mother applying for a job may have responsibility for a
child who needs periodic visits to a hospital to treat a medi-
cal condition. You may not discriminate against this per-
son by failing to hire her merely because you fear her child
will occupy too much of her time and attention.
On the other hand, her requests for excessive time off
to secure treatments for the child are not protected under
the ADA. Of course, in such a case the Family and Medical
Leave Act (FMLA) must also be taken into consideration.
C. Can The Person Perform The Essential Functions
Of The Job?
A function is “essential” to a job if it is a major or impor-
tant part of the job as opposed to being secondary or merely
desirable. Taking away an essential function fundamental-
ly alters the position.
In deciding which functions normally assigned to a
position are actually essential for that position, consider:
1. Does the position exist primarily to perform that
function?
2. How much time do either the people currently fill-
ing the job or people who filled the job in the past
spend on that function?
3. What duties are included on the written job
description?
11
16. 4. Is there is a collective bargaining agreement? If
so, what does it say about the duties of the job?
5. Can the function be assigned to other employees?
(Consider the number of employees available, the
particular skills involved, and demands of the job
or business.)
6. How often is the employee required to perform the
function?
7. What are the consequences of failing or being
unable to perform the functions or of the employee
being unable to perform them?
Example: A fire fighter must be able to carry an uncon-
scious adult from a burning building. While many fire
fighters will never actually be required to perform this
function, the consequences of being unable to do so
would be serious.
D. If The Individual Cannot Perform The Essential
Functions Of The Job, Could They Be Performed
With Some Accommodation?
A qualified disabled person is one who can do the essential
functions of a job with or without reasonable accommoda-
tion. One of the most important questions under this law
is exactly what is “reasonable accommodation”?
An accommodation is a modification or adjustment
either in the way the work is customarily done, or in the
work environment itself, or to the employer’s policies and
procedures. The purpose of the accommodation is to
enable employees with disabilities to be tested and apply
for work without unfair disadvantage, and to perform the
essential functions of the job, while still enjoying the same
benefits and privileges of employment as other employees.
12
17. Modification of the way the work is customarily done
could include changes to the shift on which the work is
performed, the use of helpers (either human or mechani-
cal), allowing an employee the option of not performing
marginal functions of the job, or similar adjustments.
Thus, if a blind or visually impaired person applies for
work as a guard whose main function is to inspect name
tags and allow entrance to a plant only to those with proper
identification, it is unlikely any reasonable accommodation
can be made. The person would not be a “qualified” dis-
abled person since he could not perform the essential func-
tion of the job, nor would it be possible to modify the job to
eliminate that particular requirement.
Importantly, an employer may consider the positive
effect of any mitigating measure in determining whether
the employee needs the requested accommodation.
E. Would The Accommodation Cause Your Business
An Undue Hardship?
Reasonable accommodation does not require an undue
hardship on the employer. “Undue hardship” refers to any
accommodation that would be unduly costly, expensive,
substantial, or disruptive, or that would fundamentally
alter the nature or operation of the business.
Unfortunately, there is no clear standard in this area,
although courts are currently providing guidance on a
case-by-case basis. Determining whether an accommoda-
tion is an undue hardship is based on a number of factors
including the size of the facility, the expense of the accom-
modation requested, the number of employees, the impact
on the organization as a whole, potential disruption,
whether a single accommodation will benefit more than
one disabled person and similar concerns.
13
18. In each situation the courts consider not only size but
also the profitability of a particular business. Thus, what is
reasonable for one company may be an undue hardship for
another.
F. Would Placement Of The Individual On The Job
Result In A Direct Threat Of Harm?
You are not required to employ an individual with a disabil-
ity who poses a direct threat to the health and safety of
himself or others and who cannot perform the job at a safe
level even with reasonable accommodation. This is a very
narrow exception on which the company will bear the bur-
den of proof.
A direct threat is defined as “a significant risk of sub-
stantial harm to the health or safety of the individual or
others that cannot be eliminated or reduced by reasonable
accommodation.”
To reject an applicant on this basis, you must be able to
prove not only that there is a high probability of substantial
harm, but also that no reasonable accommodation could
eliminate the risk or reduce it to an acceptable level. You
must also identify which aspect of the disability currently
poses the direct threat, and may not speculate on the risk
which might be posed by the individual’s condition at some
future time. The following four factors must then be con-
sidered in light of valid medical analyses or other objective
evidence individualized for the particular person and job:
1. The duration of the risk;
2. The nature and severity of the potential harm;
3. The imminence of the potential harm; and,
4. The likelihood that the potential harm will occur.
14
19. Example: An employer in the construction industry
may not be required to hire an individual disabled by
narcolepsy (a condition causing sudden sleepiness) for
a carpenter’s job, the essential functions of which
require the use of power saws and other dangerous
equipment.
Example: The FBI would not be required to hire an
insulin-dependent applicant for a special agent posi-
tion.
PRE- While the law requires a careful analysis of the exact needs
of each disabled person, it is improper to inquire whether
EMPLOYMENT an applicant has a disability, or about the nature or severity
INqUIRIES of a disability.
A. Applications and Interviews
It is important not to make any pre-employment inquiries
about the existence, nature, or severity of an applicant’s
disabilities prior to a conditional offer of employment.
Your employment applications should be carefully reviewed
to ensure they do not inadvertently violate the law by ask-
ing questions relating to prior injuries, diseases, disabili-
ties and so on.
Pre-offer inquiries about the ability of an applicant to
perform job-related functions are permitted, however. For
example, if a job requires assembling small parts, you may
ask whether the applicant can perform that function, with
or without reasonable accommodation.
You may also state, before making a conditional offer of
employment, the requirements of your company’s atten-
dance policy, and ask whether the applicant can meet
them. On the other hand, do not ask an applicant how
often he will need to take leave for treatment because of
incapacity resulting from a disability. Questions about an
15
20. applicant’s general attendance record on other jobs, how-
ever, and inquiries designed to determine if he or she
abused leave (such as asking how many Mondays or
Fridays he or she was absent from work) are legitimate.
B. Physical Examinations
The ADA permits physical examinations but only under
fairly limited circumstances. A physical examination may
not be used to pre-screen applicants for employment. Only
after a conditional offer of employment has been made will
a physical examination be allowed.
The offer of employment may be contingent upon pass-
ing the physical but, obviously, if a conditional offer is
withdrawn this immediately raises questions of whether or
not a reasonable accommodation was possible. Further, if
a job offer is withdrawn and challenged, the company will
have to show that its decision was job related and consis-
tent with business necessity.
C. Drug Screens
A pre-employment drug screen is not considered to be a
“physical examination” and is therefore permissible under
the Act.
POST- Once the hurdles of a conditional offer and a pre-placement
physical examination are cleared, you may conduct exami-
EMPLOYMENT nations required by other laws (DOT physicals, OSHA or
PHYSICAL MSHA tests, etc.) and offer voluntary wellness programs.
You are restricted in requiring your employees to undergo
EXAMINATIONS additional physical examinations, however, to those which
are job-related and consistent with business necessity. A
physical examination is job-related and consistent with
business necessity when the employee:
16
21. • Is having difficulty performing his or her job effectively;
• Becomes disabled; or
• Requests an accommodation on the basis of a disability.
All results of such pre- or post-employment physical
examinations – indeed all medical information gathered
on employees – must be kept confidential and stored in a
medical file separate from the employee’s regular person-
nel file. Access to such records should be controlled and
limited to those who have a genuine “need to know.”
With a law as complex as the ADA, it is not sufficient mere-
THE ly to be in good faith, nor to try and treat disabled individu-
PRACTICAL als with courtesy and respect, although this is obviously
RESPONSE common sense. It is also imperative that you review and
revise your applications for employment; update internal
policies; consider carefully the use of pre-employment
physicals; institute (or change if necessary) a safe and
effective substance abuse policy; educate supervisors on
the need to accommodate qualified disabled individuals;
adopt a formal policy announcing compliance with the law;
and review, and update if necessary, all written job descrip-
tions, carefully delineating essential job functions.
O
nly after instituting preventive measures such as these can
you take any assurance that the more common sense mea-
sures–such as welcoming disabled individuals into your
work place based on their skills–will reduce liability under
the ADA.
For further information about this topic, contact any office of
Fisher & Phillips LLP or visit our website at www.laborlawyerscom
17
22. OTHER BOOkLETS IN THIS SERIES:
Age Discrimination In Employment Act
Americans With Disabilities Act
(Public Accommodations)
Business Immigration
COBRA
Employment Discrimination
Family Medical Leave Act
Fair Labor Standards Act
(Exemptions & Recordkeeping)
Fair Labor Standards Act
(Wage & Hour Provisions)
HIPAA
Immigration Law
National Labor Relations Act
(Unfair Labor Practices)
National Labor Relations Act
(Union Organizing)
OSHA
Sexual Harassment
USERRA
WARN Act
23.
24. Atlanta Orlando
1500 Resurgens Plaza 1250 Lincoln Plaza
945 East Paces Ferry Road 300 South Orange Avenue
Atlanta, GA 30326
Irvine Orlando, FL 32801
Suite 1000
404.231.1400 407.541.0888
2050 Main Street
Charlotte Irvine, CA 92614 Philadelphia
Suite 2020 949.851.2424 Radnor Financial Center, Suite 650
227 West Trade Street 201 King of Prussia Road
Charlotte, NC 28202 Kansas City Radnor, PA 19087
704.334.4565 Suite 400 610.230.2150
104 West 9th Street
Chicago Kansas City, MO 64105 Phoenix
1000 Marquette Building 816.842.8770 Suite 1450
140 South Dearborn Street 201 E. Washington Street
Chicago, IL 60603 Las Vegas Phoenix, AZ 85004
312.346.8061 Suite 650 602.281.3400
Columbia 3993 Howard Hughes Parkway Portland, Me
Suite 1400 Las Vegas, NV 89169 400 Congress Street, 4th Floor
1901 Main Street 702.252.3131 Portland, ME 04101
Columbia, SC 29201 207.774.6001
803.255.0000 Louisville
Suite 2000 Portland, Or
Dallas 220 West Main Street Suite 1250
Thanksgiving Tower Louisville, KY 40202 111 SW Fifth Avenue
1601 Elm Street, Suite 4343 502.561.3990 Portland, OR 97204
Dallas, TX 75201 503.242.4262
214.220.9100 New Jersey
430 Mountain Avenue
San Diego
Denver Murray Hill, NJ 07974
Suite 1000
Suite 3300 4747 Executive Drive
908.516.1050
1999 Broadway San Diego, CA 92121
Denver, CO 80202-3025 858.597.9600
303.218.3650 New Orleans
Suite 3710 San Francisco
Fort Lauderdale 201 St. Charles Avenue Suite 2340
Suite 800 New Orleans, LA 70170 One Embarcadero Center
450 East Las Olas Boulevard 504.522.3303 San Francisco, CA 94111-3712
Fort Lauderdale, FL 33301 415.490.9000
954.525.4800
Tampa
Houston 2300 SunTrust Financial Centre
Two Allen Center, Suite 620 401 E. Jackson Street
1200 Smith Street Tampa, FL 33602
Houston, TX 77002 813.769.7500
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