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ADA Training for Supervisors
HCPS - Human Resources Department
What is ADA?
THE AMERICANS WITH DISABILITIES ACT
• Applies to all employers with 15 or more employees
• Protects individuals with disabilities from discrimination
• ADA is enforced by the U.S. Equal Opportunity
Commission, but many states also have similar laws to
ADA which are enforced locally
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(c)SHRM 2008
• Requires “reasonable accommodation” if needed in
order to perform “essential functions” of a job
Disabilities Related to Employment
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Recruiting
Hiring
Terminations
Training
Job Assignments
Promotions
Pay
Benefits
Layoffs
Leaves
All other employment related activities
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The ADA makes it unlawful to discriminate in all
employment practices such as:
What is a Disability?
• Individual has physical or mental impairment which
substantially limits a major life activity
• Has a record or documentation of such an impairment
• Individual is regarded as having such an impairment
(included being subjected to prohibited action because
of actual or perceived impairment whether or not
impairment limits a major life activity)
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 Does not apply to impairment with an actual or expected duration
of six months or less
What is a Disability? (cont’d.)
• Whether impairment substantially limiting made without
regard to “ameliorative effects” of mitigating measures
 Medication
 Medical supplies, equipment or appliances
 Low-vision devices (not including ordinary eyeglasses or contacts
 Prosthetics
 Hearing aids and other hearing devices
 Mobility devices
 Other types of medical assistance or therapy
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• Defines mitigating measures as including:
What is a Disability? (cont’d.)
• Impairment that substantially limits one major life
activity need not limit other major life activities to be
considered a disability
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caring for oneself
performing manual tasks
cearing
concentrating
communicating
thinking
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bending
speaking
reading
learning
sleeping
standing
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seeing
breathing
working
eating
walking
lifting
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• Definition of a “major life activity” includes:
What is a Disability? (cont’d.)
Major bodily functions:
Immune system
Digestive
Bowel
Bladder
Respiratory
Circulatory
Reproductive functions
Endocrine
Neurological (e.g. dyslexia – brain and learning disabilities)
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Disability & Substance Abuse
Alcohol
• An alcoholic is protected by the ADA as having a disability
 A person who currently uses alcohol is not automatically denied protection simply
because of the alcohol use. An alcoholic is a person with a disability under the
ADA and may be entitled to consideration of accommodation, if s/he is qualified
to perform the essential functions of a job. However, an employer may discipline,
discharge or deny employment to an alcoholic whose use of alcohol adversely
affects job performance or conduct to the extent that s/he is not “qualified.”
Drugs
• A drug addict is protected as having a disability only if he or she is receiving
recovery treatment and is not a current user
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 Persons addicted to drugs, but who are no longer using drugs illegally and are
receiving treatment for drug addiction or who have been rehabilitated
successfully, are protected by the ADA from discrimination on the basis of past
drug addiction.
Making Accommodations
• Individuals with disabilities may require an accommodation to
perform the essential functions of a job
• Essential job functions are the fundamental duties of that job
• A job function may be considered essential for any of several
reasons, such as:
 The job exists to perform that function
 The function requires specialized skills or expertise and the person is
hired for that expertise
 There is only a limited number of employees to perform the function
 Providing a special phone for a receptionist with a hearing impairment
 Providing frequent stretch breaks for an employee with
muscular/joint/vascular disorder whose job requires long periods of
sitting/standing
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• Examples of essential job function accommodations:
Making Accommodations (Cont’d.)
• Accommodations: “reasonable & without “undue hardship”
• These criteria are very high standards and cannot be easily
demonstrated
• Tolerating poor performance unrelated to a disability is not an
accommodation
• Partner with Human Resources when assessing what is
reasonable and what constitutes undue hardship
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(c)SHRM 2008
• Always maintain privacy of individuals with disabilities
Noncompliance
• ADA is enforced by the Equal Employment
Opportunity Commission (EEOC)
• 2004 – UPS case
• $9.9 million for not hiring deaf
drivers
• $7.5 million for not hiring applicant with cerebral
palsy
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• 2005 Walmart
Summary
• The ADA makes it unlawful to discriminate in all employment
practices, including pre-employment
• A disability can be physical or mental and includes substance
(alcohol & drug) abuse
• Reasonable accommodations should be considered for
applicants and employees who can perform the essential job
functions with an accommodation – what’s reasonable will
vary by each unique situation
• It’s important to work with HR when an accommodation is
requested or required
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• There are serious legal consequences to violating the ADA in
addition to the harmful affect on the employer’s reputation in
the community
HCPS - Human Resources Department
(c)SHRM 2008
Questions or Comments?
Course Evaluation
Please be sure to complete and leave
the evaluation sheet you received
with your handouts
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Thank you for your attention and interest!