Office of Institutional Equity/EEO ADA and ADAAA NMSU RESPECTS Office of Institutional Equity/EEO...
-
Upload
nora-bellingham -
Category
Documents
-
view
212 -
download
0
Transcript of Office of Institutional Equity/EEO ADA and ADAAA NMSU RESPECTS Office of Institutional Equity/EEO...
Office of Institutional Equity/EEOADA and ADAAA
NMSU RESPECTSOffice of Institutional Equity/EEO
ADA and ADAAA
The Americans with
Disabilities Act
What you should know
Office of Institutional Equity/EEO
ADA and ADAAA
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
Office of Institutional Equity/EEOADA and ADAAA
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
Office of Institutional Equity/EEOADA and ADAAA
OIE/EEO staff:
Gerard R. Nevarez, Executive Director [email protected]
Angela M. Velasco Associate Director [email protected]
Agustin DiazAssociate Director [email protected]
Christina R. GomezAdmin. Asst. Special/[email protected]
Senaida CollinsAdmin. Asst. [email protected]
Office of Institutional Equity/EEOADA and ADAAA
OIE/EEO contact information: Mailing AddressNMSU-OIE/EEOP.O. Box 30001, MSC 3515Las Cruces, NM 88003
Physical Address:O’Loughlin House1130 E. University Las Cruces, NM 88003
Internal-DepartmentMSC 3515
Office Telephone
(575) 646-3635
TDD/TTY
(575) 646-7802
Office Fax
(575) 646-2182
Office Email Address
Website
eeo.nmsu.edu
Office of Institutional Equity/EEOADA and ADAAA
Objectives:
Gain a basic understanding of disabilities as they relate to:
the workplace
the academic environment
accessibility and facilities
Office of Institutional Equity/EEOADA and ADAAA
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
Office of Institutional Equity/EEOADA and ADAAA
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
Office of Institutional Equity/EEOADA and ADAAA
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
Office of Institutional Equity/EEOADA and ADAAA
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
Office of Institutional Equity/EEOADA and ADAAA
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
Office of Institutional Equity/EEOADA and ADAAA
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
Office of Institutional Equity/EEOADA and ADAAA
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
Office of Institutional Equity/EEOADA and ADAAA
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.
Office of Institutional Equity/EEOADA and ADAAA
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.
Office of Institutional Equity/EEOADA and ADAAA
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
Office of Institutional Equity/EEOADA and ADAAA
Certain conditions are NOT disabilities: Sexual behavior
Compulsive gambling, kleptomania, pyromania
Illegal drugs
Sprains, colds
Personality traits (quick temper)
Office of Institutional Equity/EEOADA and ADAAA
Using acceptable language:
Treat individuals with courtesy and respect.
Office of Institutional Equity/EEOADA and ADAAA
Treating disabled individuals fairly & legally:
Avoid employment discrimination
Use objective factual evidence
Medical information is confidential
Supervisors do not make stray remarks
Office of Institutional Equity/EEOADA and ADAAA
Considerate interactions: Speech Impairment:
o Listen carefully and patiently; don’t interrupt
o Repeat and clarifyo Ask questions that can be answered with a nod
or a short answer
Hearing Impairment: o Reduce background noiseo Speak slowly and clearlyo Use natural gestures and facial expressions o Write down detailed or complex communicationso Learn basic sign language/hire an interpreter
Office of Institutional Equity/EEOADA and ADAAA
Considerate interactions:
Visual Impairment: o Identify yourselfo Address individuals by nameo Offer elbow ONLY if assistance is
acceptedo Treat guide dog as assistant, not pet
Limited Mobility:o Sit down when talking to a person in
a wheelchairo Don’t lean on the wheelchairo Keep aisles clearo Hold meetings in accessible areas
Office of Institutional Equity/EEO
ADA and ADAAA
Service Animals: When it is not obvious what service an animal provides, only limited inquiries are allowed.
Staff may ask two questions: o Is the dog a service animal required because of a
disability?o What work or task has the dog been trained to perform?
Staff cannot ask:o About the person’s disability.o Require medical documentation.o Require a special identification card or training
documentation for the dog.o The service animal demonstrate its ability to perform
the work or task.
NMSU Policy 3.06 Assistive, Service and Companion Animals on University Premises
Office of Institutional Equity/EEOADA and ADAAA
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
Office of Institutional Equity/EEOADA and ADAAA
The Doctor is InJanet 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?
Office of Institutional Equity/EEOADA and ADAAA
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?
Office of Institutional Equity/EEOADA and ADAAA
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.
Office of Institutional Equity/EEOADA and ADAAA
Split PersonalitySituation:
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?
Office of Institutional Equity/EEOADA and ADAAA
Reasonable accommodation process: Employee:
o Sufficient notice is giveno Reasonable Accommodation Request Form is
completed.o Essential Job Functions Questionnaireo Reasonable Accommodation documentation is
reviewed.o Importance of Interactive processo Role of ADA Review Committee
Student:o Refer Student to Accessibility Services
Departmento Student will work with the Accessibilities
Services Coordinator to complete the necessary steps for approved services
Office of Institutional Equity/EEOADA and ADAAA
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
Office of Institutional Equity/EEOADA and ADAAA
Examples of reasonable accommodation Employee
o Different job o Being awayo Moving officeo Assistive Technology
Studento Note taking serviceso Sign language interpreting serviceso Alternative format of reading materialso Testing accommodationso Service animals
Office of Institutional Equity/EEOADA and ADAAA
Accessibility:
Workplace
Classrooms
Websites
Job Applicants
Campus Visitors
Office of Institutional Equity/EEOADA and ADAAA
Resource
External Resources: Job Accommodation Network –
http://askjan.org
Internal Resource: Office of Institutional Equity –
[email protected] or eeo.nmsu.edu
NMSU-Las Cruces Student Accessibility Services – http://www.nmsu.edu/~ssd/index.html
NMSU-Alamogordo Accessibility Services Department: http://nmsua.edu/asd
Office of Institutional Equity/EEOADA and ADAAA
THANK YOU