office of institutional equity/eeo ada and adaaa nmsu respects office of institutional equity/eeo...

Office of Institutional Equity/EEOADA and ADAAA

NMSU RESPECTSOffice of Institutional Equity/EEO

ADA and ADAAA

The Americans with

Disabilities Act

What you should know

Office of Institutional Equity/EEO

ADA and ADAAA

Training etiquette:

Please make sure all cell phone ringers, radios, blackberries and iPhones are turned off when possible

Please keep side conversations to a minimum

Please raise your hand to ask questions or offer comments


OIE/EEO overview:

Review and process EEO-based claims of discrimination and harassment

1. OIE investigates claims of discrimination 2. Presents the facts in a report to the

Provost (or designee) 3. The Provost (or designee) makes the

determination

Serve as liaison with EEOC, NM HRB, OCR

Initial point of contact for Employee ADA Petition for Accommodation

Ensure implementation of NMSU’s Affirmative Action Plan

Training


OIE/EEO staff:

Gerard R. Nevarez, Executive Director [email protected]

Angela M. Velasco Associate Director [email protected]

Agustin DiazAssociate Director [email protected]

Christina R. GomezAdmin. Asst. Special/[email protected]

Senaida CollinsAdmin. Asst. [email protected]

mailto:[email protected]





OIE/EEO contact information: Mailing AddressNMSU-OIE/EEOP.O. Box 30001, MSC 3515Las Cruces, NM 88003

Physical Address:O’Loughlin House1130 E. University Las Cruces, NM 88003

Internal-DepartmentMSC 3515

Office Telephone

(575) 646-3635

TDD/TTY

(575) 646-7802

Office Fax

(575) 646-2182

Office Email Address

[email protected]

Website

eeo.nmsu.edu



Objectives:

Gain a basic understanding of disabilities as they relate to:

the workplace

the academic environment

accessibility and facilities


Disability Laws:

Americans with Disabilities Act of 1990 (ADA) as amended

Americans with Disabilities Act Amendments Act of 2008

Rehabilitation Act of 1973, Section 503, 504

NM Laws


ADA background:

Became law in 1990, Amendments 2008

Eliminates discrimination against individuals with disabilities (physical or mental)

Gives equal employment and educational opportunities to qualified individuals with disabilities

Does not require employers to hire the disabled

Provides for a “reasonable accommodation” for an individual with disability

Interaction with FMLA & Worker’s Comp


Qualified disabled individuals:

Meet a job’s skills, knowledge, abilities, experience and other requirements

Perform a job’s “essential functions” with or without reasonable accommodation


Disability definitions:

A physical or mental impairment that substantially limits one or more major life activities

A record of such an impairment

Being regarded as having such an impairment


Disability must substantially limit a major life activity:

Seeing, hearing, walking, learning, speaking, sleeping, standing

Permanent or long-term loss of use of arms or legs

Visual, speech or hearing impairment, cancer, HIV, cerebral palsy


2008 Amendments (ADAAA):

Major bodily functions (immune system, digestive, bladder, respiratory)

Mitigating measures excluded

Episodic or in remission covered

Broad coverage

No extensive analysis is needed


A record of a qualifying disability: An employer cannot discriminate against someone with a qualifying disability that is currently cured, controlled or in remission

Examples: cancer, heart disease, mental illness


Regarded as having a qualified disability: Impairment not substantially limited, but treated that way.

Example:

Not wanting to give a person with controlled high blood pressure a physically strenuous job.


Regarded as having a qualified disability: Impairment only substantially limited due to others attitudes.

Example:

A person is not promoted because of a prominent facial scar that makes others uncomfortable.


Regarded as having a qualified disability: No impairment, but treated as if impaired.

Example:

A person is fired because of a false rumor that he/she is HIV


Certain conditions are NOT disabilities: Sexual behavior

Compulsive gambling, kleptomania, pyromania

Illegal drugs

Sprains, colds

Personality traits (quick temper)


Using acceptable language:

Treat individuals with courtesy and respect.


Treating disabled individuals fairly & legally:

Avoid employment discrimination

Use objective factual evidence

Medical information is confidential

Supervisors do not make stray remarks


Considerate interactions: Speech Impairment:

o Listen carefully and patiently; don’t interrupt

o Repeat and clarifyo Ask questions that can be answered with a nod

or a short answer

Hearing Impairment: o Reduce background noiseo Speak slowly and clearlyo Use natural gestures and facial expressions o Write down detailed or complex communicationso Learn basic sign language/hire an interpreter


Considerate interactions:

Visual Impairment: o Identify yourselfo Address individuals by nameo Offer elbow ONLY if assistance is

acceptedo Treat guide dog as assistant, not pet

Limited Mobility:o Sit down when talking to a person in

a wheelchairo Don’t lean on the wheelchairo Keep aisles clearo Hold meetings in accessible areas

Office of Institutional Equity/EEO

ADA and ADAAA

Service Animals: When it is not obvious what service an animal provides, only limited inquiries are allowed.

Staff may ask two questions: o Is the dog a service animal required because of a

disability?o What work or task has the dog been trained to perform?

Staff cannot ask:o About the person’s disability.o Require medical documentation.o Require a special identification card or training

documentation for the dog.o The service animal demonstrate its ability to perform

the work or task.

NMSU Policy 3.06 Assistive, Service and Companion Animals on University Premises


Remember:

Disabled individuals must meet workplace conduct standards

Disabled students must meet the student code of conduct standards

Confidentiality is crucial

What information is not to be shared

Supervisors/Faculty/Staff should not have or request medical information


The Doctor is InJanet is Dan’s supervisor. Dan is struggling with an extremely difficult emotional situation at home. His wife is a severe alcoholic prone to violent outbursts, and they have two small children. He makes a habit of coming to see Janet when he is particularly distraught, and he confides many of his personal problems to her. These impromptu therapy sessions often last for hours, and he repeatedly tells her how much he appreciates her support.

Question:As Dan’s supervisor, what should Janet do?


Too Sick to Work

Mary has disclosed she has been diagnosed with the early stages of multiple sclerosis and that sometimes she tires more easily than usual. You have noticed that Mary’s job performance is suffering; deadlines are not being met, she is late frequently and her work contains frequent errors.

In light of these performance problems, you schedule a meeting with Mary. At the meeting you inform her that her work is not satisfactory, probably as a result of her MS. You advise Mary that since she’s been so sick, she just may be too sick to continue working and suggest she consider resigning. You document this conversation in her personnel file

ADA Violation?


You Shouldn’t be Spreading Information about My Disability Maria has worked for you part-time as a customer service representative. While working, she fell and injured her back, leading to a finding of a permanent partial disability, entitling her to workers’ compensation benefits.

Last month, Maria sought a transfer to another department, as an office services clerk. She went to see her prospective boss, Joe Burton, to find out if she had a chance of landing the job. Joe knew about Maria’s workers’ compensation injury and asked he if she could handle the physical demands of an office services clerk. Maria responded that she thought she could. Joe wanted to make sure and sent her to a local clinic for an evaluation.

The clinic determined that Maria had a lifting restriction of 20-35 pounds. Joe was concerned that Maria’s limitations would adversely affect the department morale, particularly if co-workers’ scheduled and/or tasks would have to be altered to accommodate Maria. Joe talked to his staff about Maria’s limitations.

The next week Joe called Maria to tell her the good news: he was approving her transfer. Maria received favorable performance appraisals in her new job, but her co-workers treated her patronizingly, making jokes about how she only gets the easy tasks because of her so-called disability, that there’s probably nothing wrong with her at all, and accusing her of being a baby.


Split PersonalitySituation:

You are Carol’s supervisor. She is very good at her job, but she is extremely moody. One day she’ll be friendly and generous, and the next day she’ll be rude or standoffish in her interactions with other employees. So one day, when Carol is out of the office, you have lunch with a group of employees and discover that Carol is a favorite subject of discussion among her coworkers. Several people make comments like, “Carol needs a shrink” and “We need to get that girl some anti-depressants.”

Question:

What should you do as a supervisor?


Reasonable accommodation process: Employee:

o Sufficient notice is giveno Reasonable Accommodation Request Form is

completed.o Essential Job Functions Questionnaireo Reasonable Accommodation documentation is

reviewed.o Importance of Interactive processo Role of ADA Review Committee

Student:o Refer Student to Accessibility Services

Departmento Student will work with the Accessibilities

Services Coordinator to complete the necessary steps for approved services


Factors: Broad Definition of Disability

Is it reasonable?

Review essential job functions

Assess whether accommodation permits employee to perform essential functions

Is it an undue hardship? Health/Safety issues?

No specific wording, no magic words

Alternative accommodation

Appropriate academic accommodations for Students


Examples of reasonable accommodation Employee

o Different job o Being awayo Moving officeo Assistive Technology

Studento Note taking serviceso Sign language interpreting serviceso Alternative format of reading materialso Testing accommodationso Service animals


Accessibility:

Workplace

Classrooms

Websites

Job Applicants

Campus Visitors


Resource

External Resources: Job Accommodation Network –

http://askjan.org

Internal Resource: Office of Institutional Equity –

[email protected] or eeo.nmsu.edu

NMSU-Las Cruces Student Accessibility Services – http://www.nmsu.edu/~ssd/index.html

NMSU-Alamogordo Accessibility Services Department: http://nmsua.edu/asd

http://askjan.org/


http://www.nmsu.edu/~ssd/index.html

http://nmsua.edu/asd


THANK YOU

office of institutional equity/eeo ada and adaaa nmsu respects office of institutional equity/eeo...

Documents

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office telephone

office fax

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adaaa objectives

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