Transcript ADA - Moody

BLR’s Human Resources
Training Presentations
The Americans with
Disabilities Act (ADA): Part I
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Goals
 Determine which employees are covered.
 Know how to handle pre-employment
inquiries.
 Know how to handle post-offer inquiries and
examinations.
 Determine which events disqualify employees.
 Understand the definition of an “undue
hardship.”
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Basic Statutory Obligations
 Disability discrimination by employers
prohibited
 Reasonable accommodation required
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Covered Employees
 Private employers and employment
agencies with 15 or more employees
 State and local governments, but not the
federal government
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Qualifying Events
 Qualified individual must have a physical
or mental impairment that substantially
limits a major life activity; OR
 A “record of” such impairment; OR
 Be “regarded” by others as having such an
impairment.
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Employee Eligibility
 Qualified individual
with a disability
 Can perform the job
with or without reasonable
accommodation
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Notice and Posting
Requirements
 Notice must be posted that describes the
protections of the ADA
 Put in posters and employee handbooks
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Pre-Employment Inquiries
 May ask about reasonable accommodation
when:
– Applicants are told what the hiring process
involves (e.g., a written test)
– Employer knows that an applicant has a
disability (obvious or voluntarily disclosed)
– It is described or demonstrated how the
applicant would perform the job
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Post-Offer Inquiries
and Examinations
 Reasonable accommodation and
documentation
 Pre-employment physical
 Medical exams and disability inquiries
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Employee Notice
 Employee must selfidentify if disability
is not obvious.
 Eligible employee
and employer must
discuss reasonable
accommodation.
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Medical Certification
 After an offer, certification is permitted to
establish need for reasonable accommodation
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Independent Medical
Examinations
 When disability
documentation
is insufficient
 Conducted at the
employer’s expense
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Disqualifying Events
 Failure to provide necessary medical
information
 Refusal of a reasonable accommodation
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Undue Hardship
 Accommodation
not required.
 Consider the nature
and cost of the
accommodation.
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Substance Abuse
 Alcoholism covered as a disability
 Current illegal drug use not covered
 Drug tests not prohibited
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Other Exceptions
 Direct threat to health or safety
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Attendance Policies
 No-fault leave policies allowed
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Summary
 The ADA does not interfere with an employer’s
right to hire the best qualified applicant.
 The ADA covers employers and employment
agencies with 15 or more employees.
 The qualified individual must have a physical
or mental impairment that substantially limits a
major life activity.
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Summary (cont.)
 The individual must be a qualified
individual with a disability who can
perform the job with or without reasonable
accommodation.
 Under ADA, an employer may not ask
about the existence, nature, or severity of a
disability until after the employer has made
the applicant a conditional job offer.
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Quiz
1. ADA gives people with disabilities favored status in
employment decisions.
True or False
2. ADA gives equal opportunities to disabled persons who
have the required background and can perform a job’s
essential functions.
True or False
3. To comply with ADA when interviewing job applicants,
you may ask:
a. “Do you have a disability?”
b. “Are you able to perform such and such a task?”
c. “Will your wheelchair prevent you from getting
around the office?”
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Quiz (cont.)
4. It’s fair to make assumptions about what a person
with an obvious disability can or can’t do.
True or False
5. Employers can refuse to make any reasonable
accommodations for the disabled as long as
that fact is clearly stated in their handbook.
True or False
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Quiz Answers
1. False. It gives qualified people with disabilities
equal opportunities.
2. True.
3. b. “Are you able to perform such and such a task?”
4. False. You shouldn’t make any assumptions based
on disability. As with everyone, you have to judge
the individual’s qualifications and abilities.
5. False. Employers must make reasonable
accommodations unless they pose an undue
hardship in terms of difficulty or cost.
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