Office of Institutional Diversity and Equity

Toya Camacho

AVP for Institutional Diversity and Equity

Title IX Coordinator/ADA Officer

11/30/2017 1

Non-Discrimination Policy

Williams College, in compliance with state and federallaw, does not discriminate in admission, employment,or administration of its programs and activities on thebasis of race, color, sex, national origin, religion, age,disability, marital status, sexual orientation, genderidentity or expression, ancestry, or military service.

11/30/2017 2

Session Objectives

At the end of the session, you will be able to:

• Identify the purpose of the ADA & the Americans with Disabilities Act Amendments Act (ADAA);

• Define “disability”;

• Make reasonable accommodations; and

• Avoid discrimination based on disability.

11/30/2017 3

What is ADA?

The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures equal opportunity for persons with disabilities in employment. The ADA was revised by the ADA Amendments Act of 2008, which became effective on January 1, 2009.

Is enforced by the U.S. Equal Employment Opportunity Commission (EEOC)ADA applies to covered employers with 15 or more employees

11/30/2017 4

What is ADAA

The Americans with Disabilities Act Amendments Act (ADAAA)-Law in 2009:

• An update to the Americans with Disabilities Act (ADA)

• Includes all the requirements, protections, and enforcement of the initial ADA

• Raised the “bar” for an employer to use undue hardship as a means for not providing a reasonable accommodation

11/30/2017 5

Eligible employees include:

• Qualified individuals with disabilities who can perform the job with or without reasonable accommodation. A qualified individual is someone who satisfies the prerequisites for the position and who can perform the essential functions of the job at the time of employment decision

• Part-time and full-time employees

11/30/2017 6

Defining Disability

The term “disability” means, with respect to an individual-

(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;

(B) a record of such an impairment; or

(C) being regarded as having such an impairment

11/30/2017 7

ADA Employment Prohibitions

Requires employers to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to non-disabled persons.

It prohibits discrimination in:

1. Job application procedures

2. Employment

3. Advancement

4. Employee compensation

5. Job assignment/classification

6. Job training

7. Other terms, conditions, or privileges of employment

11/30/2017 8

Major Life Activities

• Caring for oneself

• Performing manual tasks

• Seeing, hearing, eating, and sleeping

• Walking, standing, sitting, reaching, lifting, and bending

• Speaking, breathing, learning, and reading

• Concentrating, thinking, and communicating

• Interacting with others and working

11/30/2017 9

Major Life Activities (cont.)

Covered disability also applies to:

• The immune system, special sense organs, and skin

• Normal cell growth

• Digestive, neurological, and respiratory systems

• Circulatory and cardiovascular systems

• The operation of an individual organ within a body system (e.g., kidney, heart, and liver).

11/30/2017 10

Essential Functions

Essential job functions are important as these tasks are the focus of

the accommodation for an employee with a disability.

In all cases, the employee with a disability must be able to perform the

essential functions of the job, with or without an accommodation.

11/30/2017 11

Essential Functions (cont.)

When evaluating whether a task is essential, it is important to consider the following:

• Content of the written job description, including any physical skills

required to perform the job (i.e. must be able to move and transport

objects weighing up to 40 frequently; must climb ladders to inspect

work; etc.)

• The amount of time spent performing the job function

11/30/2017 12

The Request for an Accommodation

• There is no specific language required when an employee is making a

request for an accommodation. That is, the employee does not have

to use the word “accommodation” and they do not have to make the

request in writing.

• The request for an accommodation may be expressed in a

conversation with the supervisor in talking about something that has

changed for the employee, or in talking about what they may need to

be able to do their job.

11/30/2017 13

The Request for an Accommodation

• Here are some examples of statements that can be a request for an

accommodation:

• “I’m on a new medication and having trouble getting to work on

time.”

• “I need time off for some treatment that my doctor is

recommending.”

• “I am making more errors because I am having trouble seeing the

data on the monitor.”

11/30/2017 14

ADA Scenario

A long-term employee starts having performance problems. When her employer talks to her about the problems, she responds that she is very stressed and is having difficulty handling her job duties. The employer doesn’t know if this is an accommodation request and is afraid to ask for clarification for fear of violating the ADA’s rules about making medical inquiries.

11/30/2017 15

ADA- Recommended Strategy

• If employee provides supervisor with information about physical ormental health that could possibly be disability

• Supervisor should immediately contact ADA Officer

• ADA Officer will take it from there

11/30/2017 16

Reasonable Accommodation

• The College will provide a reasonable accommodation to a qualified employee with a known disability unless the accommodation would impose an undue hardship.

• The employee must be qualified. That is, they must have the skills,

education, and experience for the job.

• The employee must disclose they have a disability.

• The accommodation must be reasonable and not impose an undue

hardship.

11/30/2017 17

Examples of Accommodations

•Modifying the job application process

•Acquiring or modifying of equipment/devices

•Making facilities accessible

•Other similar accommodations

11/30/2017 18

Providing Equipment as an Accommodation

Jessica is an computer specialist. Her job requires that she work the majority of the day, except for breaks and lunch, seated at

her desk using the computer and phone to complete her job tasks.

She has a chronic impairment and recently had back surgery. With her

return to work, it was recommended she have a more supportive chair

and an adjustable height desk as she was restricted from sitting for

hours at a time. The equipment provided her the opportunity to work

either sitting or standing while she completed her job tasks.

11/30/2017 19

What is Reasonable?

In determining whether an accommodation is reasonable we look at

whether providing the accommodation would be an “undue hardship.”

Considerations include:

The nature and cost of the accommodation*

The one that will fundamentally alter the nature of employment

The impact of the accommodation on the operation of the department* Generally speaking, the cost of an accommodations on is not an undue hardship for the college as most accommodations are administrative and/or not of significant cost.

11/30/2017 20

The Interactive Process

These requests and the resulting conversations between the employee and the supervisor starts the “interactive process,” an important component of the accommodation procedure.

These interactions can also help identify barriers the employee is

experiencing. A barrier is some feature of the employee’s job (or the

job environment) that makes it difficult for the person with a disability

to perform their job tasks.

11/30/2017 21

Confidentiality

Any disclosure an employee makes regarding a disability, including any

medical documentation regarding the disability, must be kept

confidential.

11/30/2017 22

What would you do?

You are conducting job interviews for the position of administrative assistant. One of your applicants has a hand disability due to an accident. You are not sure if she can handle the computer work associated with the job.

11/30/2017 23

What would you do (cont.)

Do you:

• Ask how she is able to type with her disability?

• Tell her she is not right for the job?

• Explain the duties of the job and ask if she can accomplish them?

11/30/2017 24

ADA Takeaways

• ADA protects qualified individuals with disabilities from employment

discrimination

• Accommodation requests can be verbal or written

• Do not ask the employee for medical information

• Consult with ADA Officer to start the interactive process

11/30/2017 25