Workplace Accommodations Know Your Rights and Responsibilities!

Workplace Accommodations Workplace Accommodations Know Your Rights and Know Your Rights and

Responsibilities!Responsibilities!

Workplace Accommodations Workplace Accommodations Know Your Rights and Know Your Rights and

Responsibilities!Responsibilities!

Employment TeamEmployment TeamEmployment TeamEmployment Team

DisclaimerDisclaimerDisclaimerDisclaimer

This publication is for general reference This publication is for general reference only and not intended to provide legal only and not intended to provide legal

advice. This information is not intended advice. This information is not intended to substitute for individual representation to substitute for individual representation

by an attorney. The Advocacy Center by an attorney. The Advocacy Center always recommends that an individual always recommends that an individual

retain an attorney.retain an attorney.

OverviewOverviewOverviewOverview This presentation briefly covers the Americans with This presentation briefly covers the Americans with

Disabilities Act (ADA) and the legal requirements for Disabilities Act (ADA) and the legal requirements for requesting workplace accommodationsrequesting workplace accommodations

Section A covers the ADA, who is protected, and the Section A covers the ADA, who is protected, and the ADA definition of a qualified individual with a ADA definition of a qualified individual with a disability and essential job dutiesdisability and essential job duties

Section B explains the term Section B explains the term reasonable reasonable accommodationaccommodation

Section C addresses rights a qualified individual with Section C addresses rights a qualified individual with a disability has under the ADAa disability has under the ADA

Section D discusses responsibilities of a qualified Section D discusses responsibilities of a qualified individual with a disability when requesting a individual with a disability when requesting a workplace / reasonable accommodation.workplace / reasonable accommodation.

Section ASection ASection ASection A

The Americans with Disabilities Act (ADA)The Americans with Disabilities Act (ADA)

What is it?What is it? Why was it created?Why was it created? Who is protected?Who is protected?

What is the ADA ?What is the ADA ?What is the ADA ?What is the ADA ? The ADA is comprised of five Titles: The ADA is comprised of five Titles:

Title I is designed to address and remove Title I is designed to address and remove barriers to employment so individuals with barriers to employment so individuals with disabilities can enjoy the same disabilities can enjoy the same employment opportunities as people employment opportunities as people without disabilities. without disabilities.

Title II prohibits a public entity from either Title II prohibits a public entity from either excluding an individual from participating excluding an individual from participating in or denying the individual the benefits of in or denying the individual the benefits of public services and programs. public services and programs.

What is the ADA ?What is the ADA ?What is the ADA ?What is the ADA ? Title III prohibits any private entity, which Title III prohibits any private entity, which

owns, operates, or leases a public place, from owns, operates, or leases a public place, from denying an individual equal enjoyment of denying an individual equal enjoyment of goods, services, facilities, advantages, or goods, services, facilities, advantages, or accommodations of any public accommodations of any public accommodation. accommodation.

Title IV regulates Telecommunication services Title IV regulates Telecommunication services for hearing and speech-impaired individuals. for hearing and speech-impaired individuals.

Title V contains thirteen miscellaneous Title V contains thirteen miscellaneous provisions that include a section prohibiting provisions that include a section prohibiting retaliatory conduct by an Employer.retaliatory conduct by an Employer.

Why was the ADA created?Why was the ADA created?Why was the ADA created?Why was the ADA created?On July 26, 1990, the ADA was signed into law. On July 26, 1990, the ADA was signed into law. More than 43 million Americans were found to More than 43 million Americans were found to have one or more physical or mental disabilities. have one or more physical or mental disabilities. The number of Americans with disabilities The number of Americans with disabilities continues to grow.continues to grow.

Congress found that society historically isolated, Congress found that society historically isolated, segregated, and discriminated against individuals segregated, and discriminated against individuals with disabilities in critical areas like employment, with disabilities in critical areas like employment, housing, public accommodations, and housing, public accommodations, and transportation. transportation.

Congress intended for the ADA to serve as a clear Congress intended for the ADA to serve as a clear and national prohibition against discrimination and national prohibition against discrimination toward individuals with disabilities. toward individuals with disabilities.

Who is protected under Who is protected under Title I of the ADA?Title I of the ADA?


Title I of The ADA protects qualified Title I of The ADA protects qualified individuals with a disability from being individuals with a disability from being subjected to discrimination with regard to subjected to discrimination with regard to advancement, discharge, employee advancement, discharge, employee compensation, job training, job compensation, job training, job application, hiring, or other conditions of application, hiring, or other conditions of the individual’s employment. the individual’s employment.



Title I of the ADA only applies to Title I of the ADA only applies to Employers with 15 or more employees for Employers with 15 or more employees for each working day in 20 or more calendar each working day in 20 or more calendar weeks. These employers include private weeks. These employers include private businesses and state and local businesses and state and local government, but does not include the government, but does not include the United States.United States.

ADA Definition of DisabilityADA Definition of DisabilityADA Definition of DisabilityADA Definition of Disability

Under the ADA, an individual is defined as Under the ADA, an individual is defined as disabled if the individual has a physical or disabled if the individual has a physical or mental impairment that substantially mental impairment that substantially limits one or more major life activities; orlimits one or more major life activities; or

Has a record of such impairment; or Has a record of such impairment; or

Has been regarded as having such an Has been regarded as having such an impairment impairment

ADA Definition of DisabilityADA Definition of DisabilityADA Definition of DisabilityADA Definition of Disability

Title I of the ADA covers individuals who Title I of the ADA covers individuals who meet the definition for disabled AND who meet the definition for disabled AND who can perform their particular job or position can perform their particular job or position with or without a reasonable with or without a reasonable accommodation.accommodation.

The individual must be qualified for their The individual must be qualified for their particular job.particular job.

A Qualified Individual with a A Qualified Individual with a DisabilityDisability

A Qualified Individual with a A Qualified Individual with a DisabilityDisability

The individual must meet the basic skills The individual must meet the basic skills necessary to be qualified for the job. necessary to be qualified for the job.

The individual must have the experience, The individual must have the experience, education, and other job-related education, and other job-related requirements of the job the individual holds requirements of the job the individual holds or desires. or desires.

The individual must be able to perform The individual must be able to perform those job duties which are considered to be those job duties which are considered to be essential or important to the individual’s essential or important to the individual’s position either unaided or with an position either unaided or with an accommodation.accommodation.

Case ExampleCase ExampleCase ExampleCase Example

Jan’s vision is impaired so she uses a service Jan’s vision is impaired so she uses a service animal to help her perform daily living animal to help her perform daily living activities. She attended Z University and activities. She attended Z University and graduated with a Bachelors degree in graduated with a Bachelors degree in computer science. computer science.

She is now certified by the State Board of She is now certified by the State Board of Teaching Professionals to teach computers in Teaching Professionals to teach computers in all primary schools. Jan teaches computer all primary schools. Jan teaches computer science to 10th grade students at the ABC science to 10th grade students at the ABC Public High School. Public High School.

Case Example (cont’d)Case Example (cont’d)Case Example (cont’d)Case Example (cont’d)

Jan needs an assistive device to help her Jan needs an assistive device to help her read the computer screen to her students. read the computer screen to her students. Jan would be a qualified individual because Jan would be a qualified individual because she meets the basic requirements for she meets the basic requirements for teaching high school and computer science. teaching high school and computer science.

She would also be able to perform her job She would also be able to perform her job duties as a computer science teacher if ABC duties as a computer science teacher if ABC Public High School provided her with a Public High School provided her with a screen-reader device.screen-reader device.

SECTION BSECTION BSECTION BSECTION B

Workplace / Reasonable AccommodationsWorkplace / Reasonable Accommodations

What does it mean?What does it mean? What are essential duties ?What are essential duties ?

Example: Special chair to accommodate a

person with a physical disability.

Workplace / Reasonable Workplace / Reasonable AccommodationsAccommodations


A reasonable accommodation means A reasonable accommodation means making a reasonable change to the work making a reasonable change to the work environment, or the way a position is environment, or the way a position is customarily performed. customarily performed.

A reasonable accommodation should assist A reasonable accommodation should assist the qualified individual with a disability in the qualified individual with a disability in performing the essential duties of their job. performing the essential duties of their job. All requests for an accommodation are not All requests for an accommodation are not automatically reasonable.automatically reasonable.



A reasonable accommodation also means A reasonable accommodation also means making a change so a qualified individual with making a change so a qualified individual with a disability can enjoy the benefits and a disability can enjoy the benefits and privileges of employment as similar privileges of employment as similar employees. employees.

Essential Job DutiesEssential Job DutiesEssential Job DutiesEssential Job Duties

There can be different factors used to There can be different factors used to determine how essential an individual’s determine how essential an individual’s job duties are to their particular position.job duties are to their particular position.

An individual can consider whether their An individual can consider whether their

job duties are specialized, or the number job duties are specialized, or the number of employees who perform those same of employees who perform those same duties, or the amount of time spent on duties, or the amount of time spent on certain duties, to determine which duties certain duties, to determine which duties are essential. are essential.

Essential Job DutiesEssential Job DutiesEssential Job DutiesEssential Job Duties

Job descriptions and the Employer’s Job descriptions and the Employer’s assessment are additional resources that assessment are additional resources that can provide evidence of an individual’s can provide evidence of an individual’s essential job duties. essential job duties.


David is a paraplegic with very limited hand David is a paraplegic with very limited hand and finger coordination and has a personal and finger coordination and has a personal care attendant (PCA). David works as a care attendant (PCA). David works as a program analyst for a local government program analyst for a local government office which requires a lot of phone contact office which requires a lot of phone contact and typing. David request was that his PCA and typing. David request was that his PCA be allowed to assist him in contacting be allowed to assist him in contacting individuals and typing reports. David’s PCA individuals and typing reports. David’s PCA would be a reasonable accommodation would be a reasonable accommodation because David’s use of the PCA would because David’s use of the PCA would change how his job is performed and assist change how his job is performed and assist him with his essential duties. him with his essential duties.

SECTION CSECTION CSECTION CSECTION C

Rights Under the ADARights Under the ADA

A qualified individual with a disability A qualified individual with a disability has a right to request a reasonable has a right to request a reasonable accommodation that effectively aids the accommodation that effectively aids the individual in performing essential job individual in performing essential job duties and is not an undue hardship on duties and is not an undue hardship on the Employer.the Employer.

Rights Under the ADARights Under the ADARights Under the ADARights Under the ADA

Under the ADA, a qualified individual with Under the ADA, a qualified individual with a disability has the right to:a disability has the right to:

Request a Reasonable Accommodation Request a Reasonable Accommodation

Participate in an interactive processParticipate in an interactive process

Right to Request a Right to Request a Reasonable Accommodation Reasonable Accommodation

Right to Request a Right to Request a Reasonable Accommodation Reasonable Accommodation

A qualified individual with a disability A qualified individual with a disability has a right to request a reasonable has a right to request a reasonable accommodation regardless of their accommodation regardless of their work status.work status.

Right to Request a Right to Request a Reasonable AccommodationReasonable Accommodation

Right to Request a Right to Request a Reasonable AccommodationReasonable Accommodation

A job applicant has the right to request a A job applicant has the right to request a reasonable accommodation that will assist reasonable accommodation that will assist them in fully participating in the them in fully participating in the application process.application process.

A request for a reasonable accommodation A request for a reasonable accommodation can be made verbally or in writing, but the can be made verbally or in writing, but the individual does not need to use any “buzz individual does not need to use any “buzz words or phrases.” words or phrases.”

Right to Interactive ProcessRight to Interactive ProcessRight to Interactive ProcessRight to Interactive Process

An employer should initiate an interactive An employer should initiate an interactive process to discuss the request for a process to discuss the request for a reasonable accommodation when the reasonable accommodation when the reason for the request or the effectiveness reason for the request or the effectiveness of an accommodation is not obvious. of an accommodation is not obvious.

This process is a way for an employer and This process is a way for an employer and a qualified individual with a disability to a qualified individual with a disability to review the individual’s ADA disability and review the individual’s ADA disability and those functional limitations which create those functional limitations which create barriers in the workplace. barriers in the workplace.


A qualified individual with a disability has A qualified individual with a disability has the right to provide medical records only the right to provide medical records only when the need for an accommodation is when the need for an accommodation is not obvious or when the individual’s not obvious or when the individual’s documentation is insufficient to support documentation is insufficient to support the request for a reasonable the request for a reasonable accommodation. accommodation.

A qualified individual with a disability is A qualified individual with a disability is not required to produce their entire not required to produce their entire medical history.medical history.


A qualified individual with a disability has A qualified individual with a disability has the right to have their request considered the right to have their request considered within a reasonable time period.within a reasonable time period.

Reasonable time may depend on factors Reasonable time may depend on factors like whether or not the need for a like whether or not the need for a reasonable accommodation is obvious; if reasonable accommodation is obvious; if additional information is necessary to additional information is necessary to review the request; or if the employer and review the request; or if the employer and the qualified individual with a disability are the qualified individual with a disability are engaged in an interactive discussion about engaged in an interactive discussion about the request. the request.


Barbara is the lead sales associate for XYC Barbara is the lead sales associate for XYC Corporation. Barbara requests a third 15 minute Corporation. Barbara requests a third 15 minute break, in addition to her lunch hour, to be taken break, in addition to her lunch hour, to be taken the same time every work day. According to her the same time every work day. According to her doctor, Barbara must take a fifteen minute nap at doctor, Barbara must take a fifteen minute nap at 2:00p.m., every day, to reduce the number and 2:00p.m., every day, to reduce the number and severity of epileptic seizures. Barbara has never severity of epileptic seizures. Barbara has never had an epileptic seizure at work nor has she had an epileptic seizure at work nor has she disclosed that she was diagnosed with epilepsy. disclosed that she was diagnosed with epilepsy. An XYC Manager asks Barbara to complete a An XYC Manager asks Barbara to complete a company ADA request form and provide medical company ADA request form and provide medical documentation from her doctor. XYC can request documentation from her doctor. XYC can request that Barbara submit medical records to support that Barbara submit medical records to support her diagnosis and need for the 15 minute break, her diagnosis and need for the 15 minute break, but XYC cannot request a copy of, nor inquire but XYC cannot request a copy of, nor inquire about her entire medical history. about her entire medical history.

SECTION DSECTION D

Responsibilities under the ADAResponsibilities under the ADA

A qualified individual with a disability is A qualified individual with a disability is responsible for disclosing the need for a responsible for disclosing the need for a reasonable accommodation by reasonable accommodation by identifying how the qualified individual’s identifying how the qualified individual’s disabling condition effects their ability to disabling condition effects their ability to perform essential job duties.perform essential job duties.

Responsibilities under the ADAResponsibilities under the ADAResponsibilities under the ADAResponsibilities under the ADA

Under the ADA, a qualified individual is Under the ADA, a qualified individual is responsible for:responsible for:

Disclosing the need for a reasonable Disclosing the need for a reasonable accommodationaccommodation

Identifying what accommodation would Identifying what accommodation would be effectivebe effective

Disclosing the Need for a Disclosing the Need for a Reasonable accommodationReasonable accommodation


A qualified individual with a disability is A qualified individual with a disability is responsible for informing their employer responsible for informing their employer when the individual’s disability impacts when the individual’s disability impacts their ability to perform essential job duties. their ability to perform essential job duties.

The employer is only obligated to provide The employer is only obligated to provide reasonable accommodations for known reasonable accommodations for known disabilities. disabilities.



Generally, an employer may not ask an Generally, an employer may not ask an individual if an accommodation is needed. individual if an accommodation is needed.

If an individual’s need for a reasonable If an individual’s need for a reasonable accommodation is obvious or the individual accommodation is obvious or the individual discloses their disability, then the Employer discloses their disability, then the Employer may ask whether an accommodation is may ask whether an accommodation is necessary if they believe a reasonable necessary if they believe a reasonable accommodation will be necessary to accommodation will be necessary to perform specific job duties.perform specific job duties.

Identifying an Effective Identifying an Effective AccommodationAccommodation


A qualified individual with a disability is A qualified individual with a disability is responsible for identifying how their responsible for identifying how their disabling condition effects their ability to disabling condition effects their ability to perform their job.perform their job.

There are many different ways a qualified There are many different ways a qualified individual with a disability can modify their individual with a disability can modify their worksite or the manner in which a job is worksite or the manner in which a job is performed. performed.



Job restructuring, adjusting shift arrival Job restructuring, adjusting shift arrival and departure times, allowing flexible use and departure times, allowing flexible use of unpaid leave, modification in workplace of unpaid leave, modification in workplace policies, or use of assistive devices are policies, or use of assistive devices are examples of effective ways to eliminate a examples of effective ways to eliminate a workplace barrier.workplace barrier.


Jessica has been diagnosed with major Jessica has been diagnosed with major depressive disorder. Due to this disorder, depressive disorder. Due to this disorder, she lacks focus and concentration she lacks focus and concentration particularly in the mornings so she must particularly in the mornings so she must take the city bus to get to work. Jessica is take the city bus to get to work. Jessica is a Dental Hygienist and works for a dental a Dental Hygienist and works for a dental office which sees patients at 9:00a.m. office which sees patients at 9:00a.m. Jessica’s main duty requires preparing each Jessica’s main duty requires preparing each dental station which she can do in 15 dental station which she can do in 15 minutes. When Jessica takes the bus, she minutes. When Jessica takes the bus, she arrives to work 15 minutes late. Jessica arrives to work 15 minutes late. Jessica requests that her shift begin at 8:15a.m. requests that her shift begin at 8:15a.m. instead of 8:00a.m. to accommodate her instead of 8:00a.m. to accommodate her later arrival. later arrival.

SummarySummarySummarySummary

Title I of the ADA is designed to address and Title I of the ADA is designed to address and remove barriers to employment so individuals remove barriers to employment so individuals with disabilities can enjoy the same with disabilities can enjoy the same employment opportunities as people without employment opportunities as people without disabilities.disabilities.

Under Title I of the ADA, an individual is Under Title I of the ADA, an individual is defined as disabled if the individual has a defined as disabled if the individual has a physical or mental impairment that physical or mental impairment that substantially limits one or more major life substantially limits one or more major life activities, has a record of such impairment, or activities, has a record of such impairment, or has been regarded as having such an has been regarded as having such an impairment.impairment.


Title I of the ADA requires an individual Title I of the ADA requires an individual have the basic skills, experience, have the basic skills, experience, education, and other related requirements education, and other related requirements of the job the individual holds or desires.of the job the individual holds or desires.

Title I of the ADA also requires an Title I of the ADA also requires an individual be able to perform those job individual be able to perform those job duties which are considered to be duties which are considered to be essential or important to the position essential or important to the position either with or without a reasonable either with or without a reasonable accommodation.accommodation.

A qualified individual with a disability has A qualified individual with a disability has the right to request a reasonable the right to request a reasonable accommodation that effectively aids them accommodation that effectively aids them in performing their essential job duties.in performing their essential job duties.

A qualified individual with a disability has A qualified individual with a disability has the right to participate in an interactive the right to participate in an interactive process with the Employer to discuss process with the Employer to discuss workplace accommodations that will be workplace accommodations that will be most effective.most effective.



A qualified individual with a disability is A qualified individual with a disability is responsible for disclosing their need for a responsible for disclosing their need for a workplace accommodation.workplace accommodation.

A qualified individual is responsible for A qualified individual is responsible for knowing how their disabling condition knowing how their disabling condition effects their ability to perform the effects their ability to perform the essential duties of their job and identifying essential duties of their job and identifying an effective accommodation.an effective accommodation.

These Agencies can be contacted for These Agencies can be contacted for Additional InformationAdditional Information


Job Accommodation Network (JAN)Job Accommodation Network (JAN)1-800-ADA-WORK / 1-800-526-7234 / 1-877-1-800-ADA-WORK / 1-800-526-7234 / 1-877-781-9403 (TTY) 781-9403 (TTY) http://www.jan.wvu.edu/media/fact.html#emphttp://www.jan.wvu.edu/media/fact.html#emp

Equal Employment Opportunity Equal Employment Opportunity CommissionCommission (EEOC)(EEOC)1-800-669-4000 / 1-800-669-6820 (TTY)1-800-669-4000 / 1-800-669-6820 (TTY)

http://www.eeoc.govhttp://www.eeoc.gov



The U.S. Department of Justice ADA The U.S. Department of Justice ADA Technical Assistance ProgramTechnical Assistance Program1-800-514-0301 (Voice) / 1-800-514-0383 1-800-514-0301 (Voice) / 1-800-514-0383 (TTY)(TTY)http://www.ada.gov/adahom1.htmhttp://www.ada.gov/adahom1.htm

The Able TrustThe Able Trust1-888-838- ABLE (Toll-Free in Florida) / 1-888-838- ABLE (Toll-Free in Florida) / (850) 224-4493 (Voice or TDD)(850) 224-4493 (Voice or TDD)http://www.abletrust.org/links/ada.shtmlhttp://www.abletrust.org/links/ada.shtml

The Florida Alliance for Assistive The Florida Alliance for Assistive Services and Technology (FAAST)Services and Technology (FAAST)

(850) 487-3278 (Voice) / (850) 922-5951 (850) 487-3278 (Voice) / (850) 922-5951 (TDD) (TDD)

http://www.faast.org/http://www.faast.org/



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