The document provides information about a training presented by the New Mexico State University Office of Institutional Equity/EEO on disabilities and the Americans with Disabilities Act (ADA). It discusses key aspects of the ADA including the definition of a disability, qualifications for protection under the ADA, reasonable accommodations, and considerations for interacting with individuals with disabilities. The training also covers the reasonable accommodation process and examples of accommodations for employees and students.

1. New Mexico State University-Office of Institutional Equity/EEO
NMSU RESPECTS
Office of Institutional Equity/EEO
ADA and ADAAA
The Americans with Disabilities Act
What You Should Know

2. New Mexico State University-Office of Institutional Equity/EEO
Training Etiquette:
Please make sure all cell phone ringers, radios,
blackberries and iPhones are turned off when
possible
Please keep side conversations to a minimum
Please raise your hand to ask questions or offer
comments

3. New Mexico State University-Office of Institutional Equity/EEO
OIE/EEO Overview:
 Review and process EEO-based claims of discrimination and
harassment
1. OIE investigates claims of discrimination
2. Presents the facts in a report to the Provost (or designee)
3. The Provost (or designee) makes the determination
 Serve as liaison with EEOC, NM HRB, OCR
 Initial point of contact for Employee ADA Petition for
Accommodation
 Ensure implementation of NMSU’s Affirmative Action Plan
 Training

4. New Mexico State University-Office of Institutional Equity/EEO
OIE/EEO Staff
Gerard R. Nevarez, Executive Director
equity@nmsu.edu
Angela M. Velasco
Associate Director
avelasco@nmsu.edu
Agustin Diaz
Associate Director
agdiaz@nmsu.edu
Fermin A. Rubio
Senior Specialist
frubio@nmsu.edu
Christina R. Gomez
Admin. Asst. Sr.
chgomez@nmsu.edu
Senaida Collins
Admin. Asst. General
senacoll@nmsu.edu

5. New Mexico State University-Office of Institutional Equity/EEO
OIE/EEO Contact Information:
Mailing Address
NMSU-OIE/EEO
P.O. Box 30001, MSC 3515
Las Cruces, NM 88003
Physical Address:
O’Loughlin House
1130 E. University Avenue
Las Cruces, NM 88003
Internal-Department
MSC 3515
Office Telephone
(575) 646-3635
TDD/TTY
(575) 646-7802
Office Fax
(575) 646-2182
Office Email Address
equity@nmsu.edu
Website
http://eeo.nmsu.edu

6. New Mexico State University-Office of Institutional Equity/EEO
Objectives:
Gain a basic understanding of disabilities as
they relate to:
the workplace
the academic environment
accessibility and facilities

7. New Mexico State University-Office of Institutional Equity/EEO
Disability Laws:
Americans with Disabilities Act of 1990 (ADA)
as amended
Americans with Disabilities Act Amendments
Act of 2008
Rehabilitation Act of 1973, Section 503, 504
NM Laws

8. New Mexico State University-Office of Institutional Equity/EEO
ADA Background:
 Became law in 1990, Amendments 2008
 Eliminates discrimination against individuals with disabilities
(physical or mental)
 Gives equal employment and educational opportunities to
qualified individuals with disabilities
 Does not require employers to hire the disabled
 Provides for a “reasonable accommodation” for an individual
with disability
 Interaction with FMLA & Worker’s Comp

9. New Mexico State University-Office of Institutional Equity/EEO
Qualified Disabled Individuals
Meet a job’s skills, knowledge, abilities,
experience and other requirements
Perform a job’s “essential functions” with or
without reasonable accommodation

10. New Mexico State University-Office of Institutional Equity/EEO
Disability Definitions:
A physical or mental impairment that
substantially limits one or more major life
activities
A record of such an impairment
Being regarded as having such an impairment

11. New Mexico State University-Office of Institutional Equity/EEO
Disability must substantially limit a
major life activity:
Seeing, hearing, walking, learning, speaking,
sleeping, standing
Permanent or long-term loss of use of arms or
legs
Visual, speech or hearing impairment, cancer,
HIV, cerebral palsy

12. New Mexico State University-Office of Institutional Equity/EEO
2008 Amendments (ADAAA):
Major bodily functions (immune system,
digestive, bladder, respiratory)
Mitigating measures excluded
Episodic or in remission covered
Broad coverage
No extensive analysis is needed

13. New Mexico State University-Office of Institutional Equity/EEO
A record of a qualifying disability:
An employer cannot discriminate against
someone with a qualifying disability that is
currently cured, controlled or in remission
Examples: cancer, heart disease, mental illness

14. New Mexico State University-Office of Institutional Equity/EEO
Regarded as having a qualified
disability:
Impairment not substantially limited, but
treated that way
Example:
Not wanting to give a person with controlled
high blood pressure a physically strenuous
job.

15. New Mexico State University-Office of Institutional Equity/EEO
Regarded as having a qualified
disability:
Impairment only substantially limited due to
others attitudes
Example:
A person is not promoted because of a
prominent facial scar that makes others
uncomfortable.

16. New Mexico State University-Office of Institutional Equity/EEO
Regarded as having a qualified
disability:
No impairment, but treated as if impaired
Example:
A person is fired because of a false rumor
that he/she is HIV

17. New Mexico State University-Office of Institutional Equity/EEO
Certain conditions are NOT
disabilities:
Sexual behavior
Compulsive gambling, kleptomania, pyromania
Illegal drugs
Sprains, colds
Personality traits (quick temper)

18. New Mexico State University-Office of Institutional Equity/EEO
Using Acceptable Language:
Treat individuals with courtesy and respect
Acceptable NOT Acceptable
Disabled Crippled, deformed
Psychiatric disability Crazy, nuts, psycho
Has hearing disability or is
deaf
Deaf & dumb
Able bodied non-disabled Normal

19. New Mexico State University-Office of Institutional Equity/EEO
Treating Disabled Individuals Fairly &
Legally:
Avoid employment discrimination
Use objective factual evidence
Medical information is confidential
Supervisors do not make stray remarks

20. New Mexico State University-Office of Institutional Equity/EEO
Considerate Interactions:
 Speech Impairment:
 Listen carefully and patiently; don’t interrupt
 Repeat and clarify
 Ask questions that can be answered with a nod or a short answer
 Hearing Impairment:
 Reduce background noise
 Speak slowly and clearly
 Use natural gestures and facial expressions
 Write down detailed or complex communications
 Learn basic sign language/hire an interpreter

21. New Mexico State University-Office of Institutional Equity/EEO
Considerate Interactions:
 Visual Impairment:
 Identify yourself
 Address individuals by name
 Offer elbow ONLY if assistance is accepted
 Treat guide dog as assistant, not pet
 Limited Mobility:
 Sit down when talking to a person in a wheelchair
 Don’t lean on the wheelchair
 Keep aisles clear
 Hold meetings in accessible areas.

22. New Mexico State University-Office of Institutional Equity/EEO
Service Animals:
When it is not obvious what service an animal provides, only
limited inquiries are allowed.
Staff may ask two questions:
 Is the dog a service animal required because of a disability
 What work or task has the dog been trained to perform
Staff cannot ask:
 About the person’s disability
 Require medical documentation
 Require a special identification card or training documentation for the
dog
 The service animal demonstrate its ability to perform the work or task.
NMSU Policy 3.06 Assistive, Service and Companion Animals on University
Premises

23. New Mexico State University-Office of Institutional Equity/EEO
Remember:
 Disabled individuals must meet workplace conduct
standards
 Disabled students must meet the student code of
conduct standards
 Confidentiality is crucial
 What information is not to be shared
 Supervisors/Faculty/Staff should not have or request
medical information

24. New Mexico State University-Office of Institutional Equity/EEO
The Doctor is In
Janet is Dan’s supervisor. Dan is struggling with an extremely
difficult emotional situation at home. His wife is a severe alcoholic
prone to violent outbursts, and they have two small children. He
makes a habit of coming to see Janet when he is particularly
distraught, and he confides many of his personal problems to her.
These impromptu therapy sessions often last for hours, and he
repeatedly tells her how much he appreciates her support.
Question:
As Dan’s supervisor, what should Janet do?

25. New Mexico State University-Office of Institutional Equity/EEO
Too Sick to Work
Mary has disclosed she has been diagnosed with the early stages
of multiple sclerosis and that sometimes she tires more easily than
usual. You have noticed that Mary’s job performance is suffering;
deadlines are not being met, she is late frequently and her work
contains frequent errors.
In light of these performance problems, you schedule a meeting
with Mary. At the meeting you inform her that her work is not
satisfactory, probably as a result of her MS. You advise Mary that
since she’s been so sick, she just may be too sick to continue
working and suggest she consider resigning. You document this
conversation in her personnel file
ADA Violation?

26. New Mexico State University-Office of Institutional Equity/EEO
You Shouldn’t be Spreading Information about My
Disability
Maria has worked for you part-time as a customer service representative. While working, she fell
and injured her back, leading to a finding of a permanent partial disability, entitling her to workers’
compensation benefits.
Last month, Maria sought a transfer to another department, as an office services clerk. She went to
see her prospective boss, Joe Burton, to find out if she had a chance of landing the job. Joe knew
about Maria’s workers’ compensation injury and asked he if she could handle the physical demands
of an office services clerk. Maria responded that she thought she could. Joe wanted to make sure
and sent her to a local clinic for an evaluation.
The clinic determined that Maria had a lifting restriction of 20-35 pounds. Joe was concerned that
Maria’s limitations would adversely affect the department morale, particularly if co-workers’
scheduled and/or tasks would have to be altered to accommodate Maria. Joe talked to his staff
about Maria’s limitations.
The next week Joe called Maria to tell her the good news: he was approving her transfer. Maria
received favorable performance appraisals in her new job, but her co-workers treated her
patronizingly, making jokes about how she only gets the easy tasks because of her so-called
disability, that there’s probably nothing wrong with her at all, and accusing her of being a baby.

27. New Mexico State University-Office of Institutional Equity/EEO
Split Personality
Situation:
You are Carol’s supervisor. She is very good at her job, but she is
extremely moody. One day she’ll be friendly and generous, and
the next day she’ll be rude or standoffish in her interactions with
other employees. So one day, when Carol is out of the office, you
have lunch with a group of employees and discover that Carol is a
favorite subject of discussion among her coworkers. Several
people make comments like, “Carol needs a shrink” and “We
need to get that girl some anti-depressants.”
Question:
What should you do as a supervisor?

28. New Mexico State University-Office of Institutional Equity/EEO
Reasonable Accommodation Process:
 Employee:
 Sufficient notice is given
 Reasonable Accommodation Request Form is completed.
 Essential Job Functions Questionnaire
 Reasonable Accommodation documentation is reviewed.
 Importance of Interactive process
 Role of ADA Review Committee
 Student:
 Refer Student to Accessibility Services Department
 Student will work with the Accessibilities Services Coordinator to complete the
necessary steps for approved services

29. New Mexico State University-Office of Institutional Equity/EEO
Factors:
 Broad Definition of Disability
 Is it reasonable?
 Review essential job functions
 Assess whether accommodation permits employee to perform essential
functions
 Is it an undue hardship? Health/Safety issues?
 No specific wording, no magic words
 Alternative accommodation
 Appropriate academic accommodations for Students

30. New Mexico State University-Office of Institutional Equity/EEO
Examples of Reasonable Accommodation
 Employee
 Different job
 Being away
 Moving office
 Assistive Technology
 Student
 Note taking services
 Sign language interpreting services
 Alternative format of reading materials
 Testing accommodations
 Service animals

31. New Mexico State University-Office of Institutional Equity/EEO
Accessibility:
 Workplace
 Classrooms
 Websites
 Job Applicants
 Campus Visitors

32. New Mexico State University-Office of Institutional Equity/EEO
Resource
 External Resources:
 Job Accommodation Network -http://askjan.org
 Internal Resource:
 Office of Institutional Equity – equity@nmsu.edu
 NMSU-Las Cruces Student Accessibility Services –
http://www.nmsu.edu/~ssd/index.html
 NMSU-Alamogordo Accessibility Services Department:
http://nmsua.edu/asd/

33. New Mexico State University-Office of Institutional Equity/EEO
THANK YOU