Fun slides Americans with Disabilites Act (ADA) (ADAAA)

Which Employers Are
Covered?
O Those with 15 or more employees
O Persons:
O with a physical or mental impairment that substantially
limits one or more major life activities
O with a record of such an impairment
O regarded as having such an impairment
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Which Employees Are
Eligible?

What is prohibited under
ADA?
O Discrimination against individuals with a
disability
O Discrimination against an individual
perceived to have an impairment
O Discrimination based on a person’s
relationship to a disabled individual
O Retaliation or harassment for exercising
ADA rights

What are “Major Life
Activities?”
O Breathing, seeing, hearing, sitting, standing,
walking, learning, lifting, bending, reading,
thinking, performing manual tasks, working,
circulatory and reproductive functions, among
many other activities.

What are Employers
Requirements?
O Employers must provide a reasonable
accommodation to a disabled individual
upon request.
O What is a “reasonable accommodation?”
O A modification that allows the person to
perform the job’s essential functions
O An accommodation that would cause
“undue hardship” for the employer need
not be provided

Essential Functions & Job
Descriptions
O Job descriptions should clearly identify essential functions,
including physical requirements
O Essential job functions are the fundamental duties of a
position: the things a person holding the job absolutely
must be able to do. Essential job functions are used to
determine the rights of an employee with a disability under
the Americans with Disabilities Act (ADA).
O As long as the employee can perform the essential
functions of the job, with or without a reasonable
accommodation, the employee is protected from
discrimination by the ADA.
O This is why the labeling of job functions as “essential” or
“nonessential” is so important. If a function is truly essential,
and an applicant or employee cannot perform it even with a
reasonable accommodation, then that person is not
qualified.

ADAAA Additions
O The ADA Amendments Act overturned several Supreme Court
decisions that Congress felt interpreted “disability” too narrowly
and expressly states that it should be interpreted in favor of
broad coverage
O The ADAAA adopted “rules of construction” for determining
when an individual is “substantially limited in performing a major
life activity”
O “Substantially limits” is construed broadly and requires a lower
degree of functional limitation than the previous standard
O Individual assessments are required to determine whether a
condition substantially limits a major activity
O Mitigating measure such as medication or hearing aids can’t be
considered with the exception of glasses and contact lenses
O Episodic or remission conditions constitute disabilities if they
substantially limit a major life activity

ADA Protection for Drug &
Alcohol Rehabilitation
O The ADA protects:
O Rehabilitated drug users
O Drug users currently in rehabilitation
O Alcoholics
O The employer may still hold the above to
the same performance standards as other
employees.
O The ADA does not protect current users of
illegal drugs.

Job Offers & The ADA
O Pre-offer: No medical exams and no
inquiries regarding disability, perceived
disability, workers’ comp history, absence
related to illness or prior drug/alcohol use
O Post-offer: medical exams are acceptable
only if required of similarly situated
employees

Voluntary Self ID of Disability Form
(Form CC-305)
O To promote hiring of persons with disabilities. This form is designed
to help federal contractors and subcontractors meet the new
Section 503 regulations, which sets a target of a seven percent
workforce comprised of employees with disabilities.
O The self-identification requirements are broken down into two
separate parts: Pre-Offer and Post- Offer.
O Pre-Offer: contractors are now required to ask applicants about
their protected veteran and disability status. This invitation to self-
identity may be provided at the same time that race and gender
information are solicited from job seekers.
O Post-Offer: contractors on-boarding a new employee will need to
ask again for race, gender, veteran and disability status.
O The Workforce must be surveyed every year for changes in
Disability status.
O See Form Retention in the next slide.

What Records Must Be
Retained?
O Covered employers must retain personnel or employment
records they made or keep them for one year from the date
the record was made or from when an action was taken,
whichever is later.
O Self ID Form: Under OFCCP’s new regulations, completed
self-identification forms must be kept in a separate “data
analysis file.” This file can be your HRIS or payroll system
as long as the following requirements are met:
O disability-related data must be stored securely, apart from other
personnel information, so that confidentiality is maintained
O access to this data must be limited solely to contractor
personnel who have a need to know the information for the
purpose of complying with OFCCP’s regulations
O The contractor must not keep the disability self-identification
forms in the employee’s medical file.

Required Posting
O EEO is the Law” Poster
O The law requires an employer to post a notice describing the
Federal laws prohibiting job discrimination based on race, color,
sex, national origin, religion, age, equal pay, disability or
genetic information.
O The Americans with Disabilities Act (ADA) requires that
notices of Federal laws prohibiting job discrimination be
made available in a location that is accessible to applicants
and employees with disabilities that limit mobility.
O Printed notices should also be made available in an accessible
format, as needed, to persons with disabilities that limit the
ability to see or read. Notices can be recorded on an audio file,
provided in an electronic format that can be utilized by screen-
reading technology or read to applicants or employees with
disabilities that limit seeing or reading ability.

What are the Potential
Penalties?
O Back pay
O Compensatory damages
O Punitive damages
O Attorneys’ fees

What you can do to Stay on the
Safe Side of the ADA!
O Ensure that all facilities are accessible by
disabled individuals
O Focus on results rather than means of
accomplishing them
O Engage in an interactive process to
determine the needs of an employee who
requests an accommodation ƒ
O Contact the Job Accommodation Network
(JAN) for accommodation assistance

GW Human Resources &
Business Services
For more great tools, tips, guidance and
training, visit www.GWHumanResources.com
Disclaimer: Upon purchasing our product you are understanding, acknowledging and agreeing with this
disclaimer. This information is provided for general informational purposes only. GW Human Resources and
Business Services makes no warranties, express, implied or statutory, as to the adequacy, timelines,
completeness or accuracy of the information provided. The provided information does not
constitute advice and does not bind us in any way to a business-client relationship. Laws are
numerous. The amount of regulations is rising. Statements concerning legal matters should be understood
to be general observations and should not be relied upon as legal advice, which we are not authorized to
provide. Consult legal counsel to make sure that you are fully compliant.

Fun slides Americans with Disabilites Act (ADA) (ADAAA)

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