Understanding the Americans With Disabilities Act @ OSU

For Supervisors

Office of Equity and Inclusion

To be protected by the ADA, the individual must be a “qualified individual with a disability.”

Qualified means: with respect to employment, a person with a disability who, with or without reasonable accommodation, can perform the job’s essential functions.

Impairments recognized under the ADA

Caring for oneself Performing manual

tasks Seeing and hearing Breathing Eating Sleeping Working

Lifting and bending Walking and standing Speaking Learning and reading Concentrating and

thinking Communicating

Starting the Accommodation Process

An interactive process is initiated

between the employer, employee

and the Office of Equity and

Inclusion (OEI) when contacted

because:

▫ An employee makes a request.

▫ You learn about an employee’s disability.

▫ You know an employee is approaching exhaustion of Family

and Medical Leave Act or Oregon Family Leave Act usage.

▫ You recognize that an employee is experiencing significant

work-related difficulties due to a disability.

Interactive Process Details

The Office of Equity and Inclusion coordinates the interactive process by involving the employee, the unit in which s/he works, and sometimes, medical professionals. Discussions might include:

• Gaining information about the employee’s condition.

• Determining whether the employee can be considered a qualified individual with a disability.

• Determining the essential functions of the employee’s position.

• Identifying possible accommodations and considering their effectiveness.

• Considering the employee’s preferences

• Selecting the accommodation(s) that best serve the individual and the employer.

“Essential Job Functions” Determination

Determining essential job functions is critical in evaluating whether a person with a disability is qualified for the position. Things you will be asked…

• Does the position exist to perform the job?• How much experience or what skill level is

required?• How much time is spent performing the job?• What are the consequences of the job not

being done?• How many employees are available to

perform the job, or amongst whom the job could be divided?

Making “Reasonable” AccommodationsA reasonable accommodation is a modification that enables a qualified person with a disability to apply for a job, perform job duties, and enjoy equal benefits and privileges of employment. Examples of reasonable accommodations are:

Extended leave Modified schedules Screen reading

software Designated parking

spaces Telecommuting

agreements Desk, chair or other

equipment

Cost Considerations for Your OrganizationAn employer is required to make reasonable accommodations for qualified employees with disabilities, unless doing so would impose an undue hardship. If the requested accommodation causes an undue hardship, the employer still would be required to provide another accommodation that does not.

Example: A trucking company conducts job interviews in a second floor office. There is no elevator. The company calls Tanya to arrange for an interview for a secretarial position. She requests a reasonable accommodation because she uses a wheelchair. Installing an elevator would be a undue hardship, but the employer could conduct the interview in a first floor office. The employer must move the location of the interview as a reasonable accommodation.

When interviewing job applicants…

You may not ask them if they have a particular disability or disabling condition, or inquire about the existence, nature or severity of a disability.

NEVER Ask:• Have you ever had or

been treated for any conditions or diseases?

• Is there any health-related reason why you may not be able to perform the job?

• How many days were you absent from work because of illness last year?

• Do you have any physical defects that preclude you from performing certain kinds of work?

What Employer’s CAN Ask Job Applicants

If the employer knows that an applicant has a disability, and it is reasonable to question whether the disability might pose difficulties in performing a specific job task, the employer may ask whether she would need reasonable accommodation to perform that task. • Can you perform the essential

functions of this position with or without an accommodation?

• Describe or demonstrate how you would perform this function, with or without an accommodation.

• Can you meet the requirements of this attendance policy?

Discrimination Complaint Procedures

Employees who feel they are not being accommodated or who believe they are experiencing discrimination or harassment may file a grievance with the Office of Equity and Inclusion.

Location: 526 Kerr Administration BuildingPhone: 541-737-3556

Please contact us for questions!

The Office of Equity and Inclusion welcomes questions about navigating the accommodation process and supervising employees with disabilities.

We are happy to consult with managers and supervisors on any matters related to employer obligations under the Americans with Disabilities Act.

Call 541-737-3556