Welcome!CITY OF HOUSTON

Marshall Watson

Administrative Coordinator - ADA

Americans with Disabilities ACT (ADA)

• ADA Review

• ADAAA Review

• Enforcement – DOJ/EEOC

• ADA Policy – City of Houston

• ADA Compliance Notice – City of Houston

• AP 3-34 (Accommodation Policy)

• Medical Questionnaire

• Parking – ADA and your Rights

• 2019 ADA Tracker

• ADA Video – 2

Introductions• Name

• Position

• Department

• How Long with City

Human Rights of Persons with Disabilities

https://www.youtube.com/watch?v=Rswzv_AR5ho

Disability in US Population – American Community Survey

• 41.3 million or 12.8% (2016 Population est.322,762,018)

• 7.7 million – Difficulty Seeing

• 11.2 million – Difficulty Hearing

• 21.3 million – Difficulty Walking

Houston

• 2.3 million = 228,000 or 9.9% (Disabled)

Americans with Disabilities Act – (ADA)

• ADA was signed into law 7.26.1990 – George H.W. Bush

• Prohibits discrimination against people with a disability

- guarantees the right to participate in the mainstream of life

• Title I Employment

• Title II State and Local Governments

• Title III Public Spaces

Americans with Disabilities Act – (ADA)What qualifies as a disability under ADA?

• A physical or mental impairment that substantially limits one or more major life activities, a person with a history or record of such impairment, or a person who is perceived by others as having such an impairment.

• ADA does not specifically name all covered impairments.

Americans with Disabilities Act Amendments Act – (ADAAA)

• Signed into law 7.25.2008 – George W. BushWhat changed?• What is defined as a disability shall be construed in favor of broad coverage

in determination of a disability. • Intended to make it easier for an individual seeking coverage to establish a

disability exist.• Expanded the definition of Major Life Functions.• Episodic impairments or those in remission that when active would qualify

as a disability.

Major Life Activities • Caring for oneself • Lifting• Hearing • Eating • Sleeping• Performing Manual Task• Working • Walking & Standing• Seeing• Learning

• Speaking• Breathing

• Concentrating & Thinking

• Reading

• Bending

• Communicating

• Interacting With Others

• Reaching

• Sitting

Major Life Activities – Expanded Additions Major bodily functions:

• Immune system

• Special sense organs

• Skin

• Normal cell growth

• Digestive

• Genitourinary

• Bowel

• Neurological

• Brain

• Respiratory

• Circulatory

• Endocrine

• Hemic

• Lymphatic

• Musculoskeletal

• Reproductive

ADA – Title I

• Prohibits private employers, State and Local Governments, Employment Agencies, and Labor Unions from discriminating against people with a disability: application process, hiring, firing, advancement, compensation, job training and other terms, conditions and privileges of employment.

ADA – Title II

• Applies to State and Local Government entities

• Protects qualified individuals with a disability from discrimination

• Mandates that Services, Programs and Activities offered are accessible

ADA – Title III

• Prohibits discrimination on the basis of disability in places of public accommodation – restaurants, movie theaters, schools, day care facilities, recreation facilities, grocery stores, doctor’s offices

• Requires newly constructed or altered spaces to be ADA compliant

ADA - EnforcementEqual Employment Opportunity Commission• File a charge of discrimination – EEOC’s public Portal/In

Person/ By Phone (180 Day deadline / must file a charge before you can file a lawsuit)

• Mediation – both parties have to agree• Investigation ensues – Employer provides Position

Statement – possible onsite interviews (Subpoena Power)

• Right to Sue – if unable to determine a violation, or in the event of a violation and unable to settle with employer (90 days to file)

ADA - EnforcementDepartment of Justice

• May file lawsuits to enforce the ADA

• Courts may order compensatory damages including backpay to remedy discrimination

• DOJ may also obtain civil penalties of up to $55,000 for the first violation and $110,000 for subsequent violations

City of Houston – Title II Compliance Notice• City of Houston will not discriminate on the basis of disability in its programs,

services and activities. • Additionally the City will not discriminate on the basis of disability in its hiring or

employment practices. • Individuals who need auxiliary aids and services for effective communication in

programs, services and activities are encouraged and invited to make their needs and preferences known to the appropriate Department.

• Questions, concerns, complaints, or request for additional information may be directed to the designated Citywide ADA Coordinator, Marshall Watson at:832.393.6178

City of Houston – Title II Grievance Procedure

• Non-employment grievances should be sent to the Citywide ADA Coordinator

• Employment Grievances should be forwarded to the Office of the Inspector General (OIG) – 900 Baby 4th Floor, 832.393.6590

Title II Grievance Procedure cont..• Grievances may be filed orally or in writing – name, address, phone number, and

allegation

• Grievant is encouraged to file as soon as practical with the Citywide ADA Coordinator. Written filing should follow within 5 days of oral report

• An investigation, as appropriate, will follow the reporting

• A grievant shall receive written acknowledgement of the report from the Citywide ADA Coordinator and final notice of resolution

• If a grievant is dissatisfied with the resolution he/she may request reconsideration of the grievance within 7 days to the Citywide ADA Coordinator

Title II Grievance Form• Date• Name, address, phone number, email, alternate contact• Disability Statement – impairment • Duration of impairment• Affect of impairment on life activities • Relates to what program/service/activity• Department involved – Parks, Public Works, Library • Name if known of City Official/Employee involved• Description of incident• Signature and Date Filed

Reasonable Accommodation Policy For Employees and Applicants With Disabilities

AP 3-34

• To ensure compliance with ADA

• Applies to all Departments and Employees

• Medical information and inquiries must be kept separate from general personnel files

• Applicants are responsible for notifying City of any accommodation needs during the application process

Reasonable Accommodation Policy AP 3-34 cont..

Employee:

• Makes a request to their immediate supervisor, ADA Liaison, or Citywide ADA Coordinator

• Responds to request for additional information

Reasonable Accommodation Policy AP 3-34 cont..Employee Notification:Example A: An employee tells her supervisor, “I’m having trouble getting to work at my scheduled starting time because of medical treatments I’m undergoing.” This is a request for a reasonable accommodation.

Example B: An employee tells his supervisor, “I need six weeks off to get treatment for a back problem.” This is a request for a reasonable accommodation.

Example C: A new employee, who uses a wheelchair, informs the employer that her wheelchair cannot fit under the desk in her office. This is a request for reasonable accommodation.

May someone other than the individual with a disability request a reasonable accommodation on behalf of the individual? Yes

Reasonable Accommodation Policy

AP 3-34 cont..

Supervisor:

• Receives request for accommodation

• Provides copy of request to the Departmental ADA Liaison

• Works with ADA Liaison to identify Essential Job Functions

Reasonable Accommodation Policy AP 3-34 cont..ADA Liaison:• Receives request for accommodation• Provides copy of request to Supervisor and Citywide ADA Coordinator• Works with employee’s immediate supervisor to identify Essential Job Functions• Provides Job Description and Medical Questionnaire with the Essential Job

Functions for completion by the Health Care Provider• Determine which Job Duties can be performed with a reasonable accommodation• Arranging, attending, and taking notes at the Interactive Process Meeting (Retains

Documentation)• Performing follow-up duties as necessary from Interactive Process Meeting

Reasonable Accommodation Policy AP 3-34 cont..Citywide ADA Coordinator:• Receives request for accommodation• Provides copy of request to the Departmental ADA Liaison• Assist employees, supervisors, and others to understand the process for

requesting an accommodation• Notifies supervisor and Departmental ADA Liaison the employee has requested

assistance and may need an accommodation• Acts as Central Point of Contact and reference for ADA related issues involving the

City• Forwards documents as necessary to Departmental ADA Liaison for retention

(Discussion)

Reasonable Accommodation Policy AP 3-34 cont..Procedures:

• Employee may need to provide medical information and identify the portions of job they are unable to perform

• Employee may list as many accommodation options as possible to allow them to perform the Essential Job Functions

• Interactive Process scheduled – Supervisor, ADA Liaison, Director or Designee• ADA Liaison keeps records and provides accommodation options to Citywide ADA

Coordinator• Department Director/Designee makes a decision and notifies the employee in writing• If employee accepts, a Memorandum of Agreement shall be signed by the employee and

included with the accommodation documentation• If refused the employee is responsible for performing the Essential Job Functions of the

job

Medical Questionnaire • Requested to determine what job duties can be performed with an accommodation• Completed by the Physician or Medical Provider PART A- Medical Condition – physical / mental- Nature of impairment- When did it begin- Prescription impact- Does it limit a major life function - Can employee perform all the job duties associated with the position – YES / NO – Part B

Medical Questionnaire PART B- Describe how the impairments affect the ability to perform all the job duties - How long has employee treated- Date last seen- Medical Referrals - Treatment undertaken - Prescriptions and impact- Expected duration of condition- Supervisor – Medical Provider Checklist - Essential Job Functions Can Perform – Cannot Perform- Medical Provider suggestions to facilitate performance of job duties- Provider Signature and contact information

Reasonable AccommodationMust an employer provide the reasonable accommodation that the individual wants? The employer may choose among reasonable accommodations as long as the chosen accommodation is effective (i.e., it removes the workplace barrier at issue).

The employer may offer alternative suggestions for reasonable accommodations to remove the workplace barrier in question.

If there are two possible reasonable accommodations, and one costs more or is more difficult to provide, the employer may choose the one that is less expensive or easier to provide, as long as it is effective.

Reasonable Accommodations• Change job tasks.• Provide reserved parking.• Improve accessibility in a work area.• Change the presentation of tests and training materials.• Provide or adjust a product, equipment, or software.• Allow a flexible work schedule.• Provide an aid or a service to increase access.• Reassign to a vacant position.

(Stay close to the situation to ensure all is well. Document feedback.)

Accommodation Examples• Provide Alternative Formats: A supervisor gives feedback in writing, rather than verbally, for an employee who communicates

better through written materials.

• Accessible Parking: An employer changes its practice of only offering parking to upper management to allow an employee who is unable to walk long distances access to a reserved parking spot close to the building.

• Service Animals: An employer reasonably changes their office’s “no animals” policy, in order to welcome an employee’s service animal.

• Equipment Change: An employer purchases software that magnifies the computer screen to allow an employee with low vision to correctly enter and read information on the computer.

• Reorganization of the Job: The employer provides a checklist to ensure task completion for an employee who has an intellectual disability.

• Reassignment: Reassignment is the reasonable accommodation in some situations. An employer may reassign an employee to an open position if the employee can no longer perform the essential functions of their current job. The employer does not have to create a new position, no other employees need be transferred or terminated in order to make a position vacant for the purpose of reassignment, and the individual with a disability should be qualified for the new position.

ADA - Parking

• When a business, State or Local Government provides parking it must provide accessible parking as required by ADA

• Entities that provide goods and services to the public must comply with ADA

ADA - ParkingExample: 650 spacesTotal accessible spaces = 650 x 2% = 13Van accessible 1 of every 6 = 13 x 1/6 (.166) = 2.08 or 3 Van accessible Spaces

ADA - Parking

• Qualifications for state-issued Parking Permits are different than the ADA’s definition of disability – so a person with a Parking Permit does not automatically qualify as a person with a disability

• If an employer does not provide parking for other employees then the employer would not have to provide parking as an accommodation –not so fast Second Circuit Court of Appeals suggested even if parking is not provided to others might be irrelevant to whether an employee with a disability could receive parking

ADA - Parking• The fact you currently receive reserved parking does mean your

employer automatically violates the ADA if it provides a less desirable parking space that accommodates

• When there are more employees requesting accommodations for parking than there are spaces – start with medical documentation to determine what employees actually have a disability and what is actually needed

• An employee may have a disability under ADA, but can still use a parking lot several blocks away

People with Disabilities Face Barriers Inequality Shouldn’t Be One of Them

https://www.bing.com/videos/search?q=americans+with+disabilities+act+video&&view=detail&mid=CF553210E93DBB03AC4CCF553210E93DBB03AC4C&&FORM=VDRVRV

QUESTIONS?