Risk Management Initiative:Americans with Disabilities Act Module

Office of the Vice President for Ethics and Compliance

Office of the Vice President for Human Resources

Learning Goal and ObjectivesGOAL: Ensure all members of the University community

are treated with respect and dignity to create an environment free from disability-related discrimination and harassment• Understand how to better interact with individuals

with disabilities.• Have a basic understanding of the Americans with

Disabilities Act, as amended (ADA).• Identify University resources for employees who may

have a disability and need reasonable accommodations.

• Apply knowledge of Purdue’s policies on nondiscrimination and equal opportunity to recognize possible requests for reasonable accommodation.

Why Is This Training Important?• People with disabilities are the

largest minority group in the United States, making up an estimated 20% of the total population.

• There are 133 million people in the United States living with a chronic health condition. That number is expected to increase to 150 million by 2030.

• Attitudes and stereotypes remain the main barriers to successful employment reported by people with disabilities.

“People First”• Treat adults as adults• Use people-first language• Use eye contact and speak directly to the person

with the disability• If you offer assistance, wait until the offer is

accepted• Be considerate of the extra time that it may take a

person with a disability to perform a major life activity

• Everyone makes mistakes from time to time; if you make a mistake and offend someone, apologize

• Don’t make assumptions - everyone is different• Relax, it is okay to ask questions when you are

unsure of what to do

Overview of the ADA

• Protects individuals from discrimination on the basis of his/her disability, perceived disability, or association with an individual with a disability

• Requires employers to provide reasonable accommodations to qualified individuals with a disability to allow the person to perform the essential functions of his or her job

• Restricts disability-related inquiries

Who is a Person with a Disability?

• A physical or mental impairment that substantially limits a major life activity

‒ The impairment’s impact on the major life activity is evaluated without regard to mitigating measures such as medical treatment, medication, or assistive devices

• Record of such an impairment• Regarded as having such an

impairment

Examples of Qualifying Physical or Mental Impairments

• Autism• Cancer• Diabetes• Deafness• Blindness• Cerebral Palsy• Post-Traumatic Stress

Disorder• Obsessive-Compulsive

Disorder• Partially or Completely

Missing Limbs

• Mobility Impairments Requiring the Use of a Wheelchair

• Intellectual Disability• Epilepsy• HIV/AIDS• Bipolar Disorder• Major Depression• Multiple Sclerosis• Muscular Dystrophy

Qualified Individual With a DisabilityA qualified individual is someone who:

• Meets the skill, experience, and education requirements of the position; and

• Can perform the essential functions or basic duties of the job, with or without a reasonable accommodation.

Reasonable Accommodation• A reasonable accommodation is any modification or

adjustment to a job, practice, policy, or the work environment that allows an individual with a disability to participate equally in an employment opportunity.

• Examples include:‒ Making existing facilities accessible‒ Modifying a work schedule‒ Altering training materials, tests, or policies‒ Acquiring or modifying equipment‒ Providing an interpreter‒ Restructuring a job‒ Leave without pay‒ Reassignment to a vacant position

Reasonable Accommodation

• The ADA requires employers to provide accommodations to qualified individuals with disabilities:‒ Reasonable accommodations, not all

accommodations;‒ Effective accommodations, not preferred

accommodations;‒ Accommodations must not pose an undue

hardship to the employer• It is the employee’s responsibility to make a

request‒ No “magic words” required

Reasonable Accommodation Process

• Employee or Supervisor contacts Human Resources to request assistance‒ Confidential medical information is not

shared with the supervisor at any point during this process

• A trained evaluator within Human Resources will obtain and review medical documentation and determine: ‒ Whether the employee is a qualified

individual with a disability; and, if so,‒ What accommodations are both reasonable

and effective in assisting the employee

Requesting a Reasonable Accommodation

To make a request for a reasonable accommodation,

please contact your Human Resources

office.

Manager Responsibilities

• Work with HR to spot ADA issues and work through the interactive accommodation process‒ ADA may be implicated if:

oEmployee raises issue of injury, illness or medical condition affecting job performance

oExcessive absencesoEmployee is close to or has run out of all

available paid leaveoEmployee provides a doctor’s note with work

restrictions• Tell the employee to contact HR for help

Scenario: Martha

• Martha, a computer specialist, has fibromyalgia and experiences flare ups of major fatigue and pain affecting her ability to perform manual tasks such as walking and daily household chores. She has requested a flexible work schedule and the ability to work from home which would require the use of a computer and remote access. – Are Martha’s requests reasonable?

oProbably.– What if Martha’s job was a line cook? Would her

request for a flexible work schedule and ability to work from home be reasonable?oUnlikely.

Scenario: Juan• Juan, a receptionist, recently lost most use of his right

arm. He informs his supervisor that performing certain office tasks takes him much longer with his left hand. His supervisor replied that Juan still needs to meet deadlines.– Did Juan request an accommodation?

o Yes.– Did the employer engage in the interactive process?

o No.– Does Juan have to meet the deadlines with or without

a reasonable accommodation?o Yes, if meeting deadlines is an essential function of

his job. Here, the supervisor should have referred Juan to Human Resources to determine what reasonable accommodations could have assisted him in meeting deadlines.

Employee Privacy: Medical Information

• Medical information is not shared with a supervisor

• Accommodation information is shared on a need-to-know basis

‒ Includes information regarding applicants for positions

• Co-workers are not entitled to any medical information

• Human Resources stores all medical Information

Employee Privacy: Medical Inquiries• Applicants‒ No questions about medical status, medical

history, disabilities, or severity of any medical condition

‒ Can ask if they can perform job functions• Employees‒ No questions about medical status, medical

history, family medical history, or specifics about disabilities or medical conditions

‒ Tell employees that you are concerned, but you cannot discuss these issues with them for employee’s and manager’s protection

‒ Refer to Human Resources

Summary• Use “people first” language to focus on the

individual first and foremost rather than on the individual’s disability

• The ADA, as amended:– Protects individuals from discrimination on the basis of

his/her disability– Requires employers to provide reasonable

accommodations to qualified individuals with a disability – Restricts disability-related inquiries

• There are numerous resources available for individuals who may have a disability and need reasonable accommodations

• It is the employee’s responsibility to make a request for reasonable accommodation; there are no magic words the employee has to say to be considered a request for a reasonable accommodation

Conclusion

• For questions about this training please contact vpeceducation@purdue.edu.

• Please be sure to complete the certification quiz in WebCert.

Thank you!