The document discusses strategies for reasonable accommodation under the Americans with Disabilities Act (ADA) and Section 504. It provides an overview of the ADA and its titles relating to employment, public entities, public accommodations, and telecommunications. Key points include the definition of a qualified individual with a disability, the interactive reasonable accommodation process, disclosure of disabilities, and requirements for postsecondary schools to provide accommodations to students with disabilities.

1. Americans with Disabilities Act
and Section 504
Strategies for Effective Reasonable Accommodation Dialogue and Equal Access

2. Presenter
Barry Whaley
Employer Outreach Coordinator
Southeast ADA Center
A Project of Burton Blatt Institute at Syracuse University
ADAsoutheast@law.syr.edu
Funded by the National Institute on Disability,
Independent Living, and Rehabilitation Research
(NIDILRR) - Grant #90DP0019-01-00

3. Disclaimer
 Information, materials, and/or technical assistance are intended solely as informal
guidance, and are neither a determination of your legal rights or responsibilities under
the ADA, nor binding on any agency with enforcement responsibility under the ADA.
 ADA Center is funded by the National Institute on Disability, Independent Living, and
Rehabilitation Research (NIDILRR)

4. Americans with Disabilities Act (ADA)
Overview
 The Americans with Disabilities Act is the landmark civil rights law that guarantees equal
treatment for people with all disabilities or have an association or relationship with
someone who has a disability. Passed 1990. Amended 2008.

5. Title I Employment Protections.
Title II Public Entities and Transportation.
Title III Public Accommodation and Commercial Facilities.
Title IV Telecommunications.
Title V Technical Provisions.

6. ADA Title I
 Employers cannot discriminate against people who have disabilities in regard to any
employment practices or terms, conditions, or privileges of employment.
 This prohibition convers all aspects of the employment process.

7. ADA Title I
 An employer cannot discriminate against qualified applicants and employees on the
basis of disability.
 A qualified applicant is an individual who meets the skill, experience, education, and
other job-related requirements of a position held or desired, and who, with or
without reasonable accommodation, can perform the essential functions of a job.

8. Essential Job Functions
 The reason the job exists is to perform that function.
 Only a few employees can perform the function.
 The function is so highly specialized that the employer hires people into the position
specifically because of their expertise in performing that function.

9. Qualification Standards
 Should an employer screen out individuals or classes of individuals they must
demonstrate:
 The screening must be related to the position in question;
 Is consistent with business necessity.

10. Reasonable Accommodation
 Reasonable accommodation is a critical component of the ADA.
Reasonable accommodation is any change in the work environment or how
things are usually done that results in equal employment opportunity for an
individual with a disability.
An employer must make a reasonable accommodation to the known physical or
mental limitations of a person with a disability unless you can show that the
accommodation would cause an undue hardship on the operation of the
business.

11. Reasonable Accommodation
 The presence of a disability does not result in a presumptive reasonable
accommodation.
 The employee has a responsibility is to disclose a need for an accommodation.
 Reasonable accommodations are time-limited.
 Employers may ask for reasonable documentation of a continuing disability.

12. Disclosure vs. Self-Identification
 Self-identification
Invitation from an employer to voluntarily, and anonymously, “check a box” that indicates
that the individual has a disability; typically used for data collection purposes or
preferential hiring
 Disclosure
The employee voluntarily shares information about a disability. Disclosure is protected
under ADA

13. Disclosure
 Disclosure is not required under the ADA.
 One exception – requesting reasonable accommodations.
 Disclosure can occur at any time during the employment relationship.
 The ADA prohibits an employer from retaliating against an applicant or employee for
asserting his/her rights under the ADA.

14. The Art of Disclosure
Good disclosure:
 Is positive
 focuses on needs
 Provides suggestions for reasonable accommodations
 Is specific rather than general (how my disability affects my ability to perform essential
job functions)

15. • focuses on job qualifications, not the disability
• Avoids medical terms and labels
• Discusses work barriers, not diagnoses
• Focuses on the “here and now,” not past negative experiences

17. Requesting Accommodation
 There is no standard in the ADA for asking for accommodation.
 Requests can be made:
 Verbally
 Written
 E-mail
 Someone else can make the request on an employee’s behalf

18. Employer Responsibilities
 Recognize a request for accommodation has been made
 Begin an interactive process with the employee
 Confirm the existence of a disability
 Determine the essential functions and marginal functions of the job
 Investigate potential accommodation solutions
 Implement the accommodation
 Document the accommodation

19. Employer Rights
 Employers are not required to honor requests that:
 Create an undue hardship for the business
 If the modifications are extensive, disruptive, too costly, or fundamentally changes the
essential function of the job
 Is dangerous or illegal

20. Direct Threat
 An employer may refuse to hire someone or fire someone if:
 there is significant risk of substantial harm to the health or safety of that employee or
others;
 The risk cannot be eliminated or reduced by a reasonable accommodation.

21. Direct Threat
 Four Factors in Assessing Direct Threat:
 the duration of the risk;
 the nature and severity of the potential harm;
 how likely it is that the potential harm will occur;
 how imminent the potential harm is.

22. ADA Title II and Section 504 in Higher
Education

23. 504 and the ADA
The ADA prohibits all state and local
governmental entities, including
public schools, private schools,
public and private colleges and
universities, from discriminating
against students with disabilities.

24. 504 and the ADA
Section 504 prohibits “any program
receiving federal financial
assistance” from discriminating
against an individual because of his
or her disability.

25. 504 Requirements
 Under Section 504, a public school must ensure that students with
disabilities have equal access to educational services.
 A school may be required to make modifications to educational services
or provide a reasonable accommodation to a student with a disability.
 The school is not required to provide your student with an Individualized
Education Program (IEP) under Section 504.

26. 504 Requirements: Qualified Student
 A qualified student with a disability is someone who (a) is a person with a disability under the law and
(b) is otherwise eligible to access the school’s services or programs.
 A person who has a physical or mental disability that substantially limits one or more major life
activities (such as walking, talking or learning)
 A qualified student with a disability must be the same age as a non-disabled child who receives the
service; the age that it is mandatory under state law to provide service to persons with disabilities; or a
person for whom a state is required to provide a Free Appropriate Public Education under the IDEA.

27. Religious Schools
The ADA does not cover private schools, colleges and universities
controlled by religious entities.
If the school receives federal financial assistance then it is covered by
Section 504.

28. Vocational schools
The ADA and Section 504 cover professional, trade, vocational and
technical schools.
To determine which law applies to a particular professional, trade, or
technical program, you must find out whether that program is funded
through state, local, or private means, and whether it receives federal
financial assistance.

29. Accommodations for Standardized Testing
If you are required to take a standardized test for admission, you must be
allowed a reasonable accommodation .
ACT, SAT, LSAT, MCAT
Because each organization may have different requirements or processes
for requesting the accommodations, it is crucial that you research these
requirements and meet any deadlines for submitting supporting
documentation long before the actual test day.

30. Reasonable accommodations
Secondary schools, colleges and universities are required to provide
reasonable accommodations.
practices
policies and procedures, and to
provide auxiliary aids and services
Unless to do so would fundamentally alter the program, facilities and privileges or creates an undue financial
burden.

31. Reasonable accommodations
 Accessibility-access to school buildings, activities and programs
 Auxiliary Aids and Services—Interpreters-Auxiliary aids and services are considered reasonable
modifications under Title III
 Removal of Barriers-students with disabilities the same or substantially similar use and enjoyment of
goods and services that are enjoyed by individuals without disabilities, Title II and Title III.
 Service Animals-Schools must modify policies, practices or procedures to permit the use of a service
animal by a student with a disability, unless the school can demonstrate (1) that making such
modifications would fundamentally alter the nature of the school’s goods, services, facilities, privileges,
advantages, or accommodations; (2) the safe operation of the school would be jeopardized; or (3) such
modifications would result in an undue financial or administrative burden

32. Higher Education Opportunity Act (PL 110-315)
 Higher Education Opportunity
Act PL 110-315: Amendments to
the HEA improve access for
students with intellectual
disabilities to postsecondary
education.

33. Higher Education Opportunity Act
 Student must meet definition of intellectual disability.
 Student must be attending an approved Comprehensive Transition Program.
 Student who meet financial need criteria are eligible for Federal financial Aid
 Students may have, but do not need to have, a standard high school diploma
 Student is not eligible for student loans.
 Student is eligible for work study
 Kentucky students have access to Kentucky Educational Excellence Scholarship Funds
(KEES)

34. Kentucky Educational Excellence Funds

35. Comprehensive Transition Programs
Offered by a College or
Career School approved by
the Department of
Education
Designed to support
students who want to
continue their academic,
career, and independent
living instruction in
preparation for gainful
employment
Requires students to
participate in integrated
classroom settings
Student work internships

36. SHEPPARTNER INSTITUTIONS
Inclusive Higher Education Partner
Institutions

37. Modification allowed for CTP
Course Syllabi can be
Modified
Modified Testing Format
Modified Assessment of
Satisfactory Academic
Progress (SAP)
• Alternate course work that fit the
learning style of the student and
demonstrate an understanding of
course content
• Eliminating options on multiple
choice tests
• Fill in the blank instead of essay
• Modified testing format
• Use of alternate scoring rubrics via
Goal Attainment Scaling (GAS)

41. ADA National Network
 Ten regional centers funded by the Administration on Community Living, NIDILRR
 The ADA National Network provides information, guidance and training on the
Americans with Disabilities Act (ADA), tailored to meet the needs of business,
government and individuals at local, regional and national levels.
 Contact information
 Toll free hot line - 800-949-4232 (voice/TTY)
 Web site - www.adata.org
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