ADAAA & MENTAL DISABILITIES. OVERVIEW EASIER TO ESTABLISH DISABILITY DEFINITION OF DISABILITY...
-
Upload
sarah-kristin-knight -
Category
Documents
-
view
216 -
download
0
Transcript of ADAAA & MENTAL DISABILITIES. OVERVIEW EASIER TO ESTABLISH DISABILITY DEFINITION OF DISABILITY...
OVERVIEW
EASIER TO ESTABLISH DISABILITY
DEFINITION OF DISABILITY
CONSTRUED BROADLY
ADOPT “RULES OF CONSTRUCTION”
9 RULES
1. “SUBSTANTIALLY LIMITS” REQUIRES A LOWER
DEGREE OF FUNCTIONAL LIMITATION
2. “SUBSTANTIALLY LIMITS” IS TO BE CONSTRUED
BROADLY
3. INDIVIDUALIZED ASSESSMENT
4. MITIGATING MEASURES NOT CONSIDERED
5. DETERMINATION OF DISABILITY DOES NOT
REQUIRE EXTENSIVE ANALYSIS
6. AN IMPAIRMENT THAT IS EPISODIC OR IN
REMISSION IS A DISABILITY
7. EASIER TO ESTABLISH COVERAGE UNDER
“REGARDED AS” PRONG
8. INDIVIDUALS MUST BE COVERED UNDER FIRST
PRONG (ACTUAL DISABILITY) OR SECOND PRONG
(RECORD OF DISABILITY) TO QUALIFY FOR
REASONABLE ACCOMMODATION
9. Modifies or Removes confusing language
Retains : “working”
“condition, manner, or duration”
“class or broad range of jobs”
MENTAL DISABILITIES
DISABILITIES STIGMATIZED OR MISUNDERSTOOD
MENTAL IMPAIRMENTS INCLUDE PSYCHOLOGICAL
DISORDERS
TRAITS OR BEHAVIORS ARE NOT NECESSARILY LINKED TO
MENTAL IMPAIRMENTS.
SEVERITY AND/OR LENGTH OF TIME
CARING FOR SELF, CHRONIC EPISODIC CONDITIONS,
ABILITY TO INTERACT WITH OTHERS, CONCENTRATION,
SLEEP
INQU IR IES ABOUT PSYCH IATR IC D IS AB IL IT IES
Applicant or employee asks or voluntarily discloses
Employer reasonably believes
(job related and consistent with
business necessity)
Case by case consideration
ACCOMMODATIONS
Physical changes
Modify workplace policies
Adjust supervisory methods
Provide a job coach
do not have to assure an individual TAKES
prescribed medication
Reassignment to a different position
CONDUCT
Employer may discipline an individual with a
disability for violating a workplace conduct
standard if misconduct resulted from a disability.
the workplace standard MUST BE job related for
the position and consistent with business necessity.
The employer must make reasonable
accommodation for a qualified individual with
a disability who violated a conduct rule (that
is job related and consistent with business
necessity.)
The accommodation will allow the individual
to meet such conduct standard in the future
barring undue hardship.
However, employer is not required to excuse
past misconduct.
DIRECT THREAT
A significant risk of substantial harm to the
health or safety of the individual or others
that cannot be eliminated or reduced by
reasonable accommodation.
CASE STUDY
One of your employees has been a bit down lately. She’s been late the
past few mornings, and you can see her work has been suffering.
When you call her in your office to see how she’s doing, you find out
her husband was laid off from his job last month. She reveals that
she’s been on anti-depression medication since her mom died last
year, but her condition is getting worse.
As her employer, what do you do? Do you reprimand her for her
tardiness and inconsistent work? Or do you overlook those issues
because of her medical condition?
How is she protected by the ADA?