Emily FisherVirginia ADA Coalition

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The ADA, or Americans with Disabilities Act, was signed into law in 1990. The ADA prohibits discrimination based on disability

The ADA covers employment; state and local government services; and private businesses

The ADA requires that these entities remove barriers that prevent people with disabilities from being full citizens

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ADA Amendments Act signed into law September 2008

Restored protections of ADA that had been narrowed by court decisions

Clarified definition of disability

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ADA Regulations and Accessibility Standards were updated in 2010

Critical changes are noted in this presentation, but for more details, go to www.ada.gov

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A person is considered disabled if they meet any one of the following criteria:

1) Someone with a physical or mental impairment that substantially limits one or more major life activities…or…

2) Someone with a record or history of a physical or mental impairment that substantially limited one or more major life activity….or…

3) Someone who is regarded as having such an impairment

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Caring for Oneself Performing Manual Tasks Walking Seeing Hearing Speaking Breathing Reproduction Working Sleeping

ADAAA Adds Bodily Functions to Major Life Activities List

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Learning Sitting Standing Lifting Reading Thinking Interacting with Others Concentrating

Person with a record or history of an impairment might include: Cancer Survivor Person with history of heart attack Brain Injury Survivor Person with history of Mental Illness Person with history of drug/alcohol addiction Intermittent Disabilities (Epilepsy, Lupus, MS)

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Person regarded as having a disability would include: Someone with a visible birthmark/scar Someone rumored to have a disability Someone with a impairment that doesn’t limit

them substantially, but others regard them as limited (high blood pressure; controlled diabetes; controlled seizures)

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The ADA is set up in Titles, like chapters, that address different topics.◦ Title I: Employment◦ Title II: State and Local Services◦ Title III: Public Accommodations◦ Title IV: Telecommunication◦ Title V: Miscellaneous

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The ADA provides equal access to the employment process but does NOT require employers to proactively hire persons with disabilities.

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Employees: A qualified individual who: has; has a record of, or; is regarded as having

a physical or mental impairment (or bodily function that substantially limits a major life activity.

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Employers:• All private employers with more than 15 employees

• State and local government employers of any size (under Title II and Title I)

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• Employers with less than 15 employees• US government executive and judicial

branch (already covered by Section 504 of the Rehab Act of 1973)

• Indian Tribes• Bona fide private membership clubs that

are tax exempt under Section 501C of the IRS code

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The ADA covers all elements of the employment including: Applications, Interviewing, Screening and

Hiring

On the job once hired

Benefits and privileges of employment

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•Essential Functions

•Reasonable Accommodations

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Essential Functions are:

The tasks for which the position exists. Without these duties, the job would not exist or would be fundamentally different.

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Reasonable Accommodations are defined as:Any modification or adjustment to a job, an employment practice, or the work environment that makes it possible for an individual with a disability to enjoy an equal employment opportunity.

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Could be…. Altering when or how an essential function is

performed Changing the schedule of the work Providing interpreters or readers Modifying exams, training materials or policies Obtaining or modifying equipment (like

tty/lighted alarms, etc)

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Employers are REQUIRED to provide reasonable accommodations unless to do so would cause an undue burden.

Employer can choose the cheaper or easier accommodation if several accommodations will work

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No questions regarding disability should be listed on the application--this includes questions on history of worker’s compensation claims, previous work injuries, medical history, etc.

Job seeker responsible for requesting needed accommodations for interview

Employer pays for accommodations needed

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Permissible Interviewing Inquiries:An employer CAN ask: If applicant can perform the job functions

with or without reasonable accommodation

If applicant can perform all the job functions, not just the essential functions

If applicant can meet the attendance requirements of the job

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Interviewing questions should NOT include: If applicant will need medical leave

Questions about applicant’s illness or disability related to ability to meet attendance requirements

Nature or severity of disability

Condition causing disability

Prognosis

Treatment 04/19/23 23

An employer CANNOT:

Require a medical exam or make medical inquiries BEFORE a job offer is made

Post Job Offer medical screening Must happen after the candidate has met all

other prerequisites Must be conducted on all candidates Only disqualifications related to the job are

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Reasonable Documentation• Documentation from an appropriate

professional concerning the individual’s disability and functional limitations

• To verify the existence of a disability and the need for an accommodation

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Filed with EEOC Must be filed within 180 days of incident of

discrimination EEOC will provide “Right to Sue” letter to

employee or could file own lawsuit Lawsuits can only be filed after EEOC has issued

a “Right to Sue” letter

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Four broad areas of requirements:

◦General Nondiscrimination◦Program Accessibility◦Equally Effective Communication◦Employment

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State and local government must provide full program access to people with disabilities. One of each type of program must be

accessible but not at every location

Agencies that receive government contracts must comply as well.

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Courthouse Library Recreation Center Senior Adult Community Center Social Services (foster care, food stamps) Mental Health (including emergency and hotlines) Schools Polling Places Information (website, phones, newsletters)

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Parking Entrance Primary Service Area Restrooms Meeting rooms

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Methods of achieving program access include: redesign of equipment reassignment to accessible buildings home visits delivery of services at alternative accessible sites alteration of existing facilities Providing auxiliary aids (like interpreters, CART

services, assistive listening devices etc)

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Local Government cannot: require participation in special/separate

programs require a person to accept an

accommodation use eligibility requirements for programs

that screen out people with disabilities

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Programs must make reasonable modifications of policies, practices and procedures to avoid discrimination unless the modification would fundamentally alter the activities and services.

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