The ADAAA Americans with disabilities act amendments act
This training is designed to provide general information about the subject matter covered. Neither TAC nor the trainers are engaged in rendering legal advice. If you need legal advice, TAC recommends that you seek the services of a competent attorney who is familiar with your specific situation.
ADA was effective Amended 2008 July 26, 1992 Department of EEOC Justice U.S.
“No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures; the hiring, advancement, or discharge of employees; employee compensation; job training; and other terms, conditions, and privileges of employment”
Who’s covered? ADAAA applies to all local government employers with 15 or more employees. Employees who meet the definition of “qualified individual with a disability” who, with or without a reasonable accommodation, can perform the essential functions.
Key Changes Expands the definition of disability. • Employee now only has to prove the condition “substantially limits them” Introduces 9 rules of construction. • You must use the 9 rules of construction to determine whether an impairment substantially limits a major life activity • The term “substantially limits” will now be broadly interpreted
Key Changes More activities added to the list of “major life activities” that create a disability when people cannot perform them A new category of major life activities was added to include “major bodily functions”
Key Changes A health condition that amounts to a disability now counts as a disability even if the individual takes medicine or uses a device that limits the disability’s impact (hearing aids, insulin, drugs, etc) A medical condition may still qualify as a disability even if it is episodic or in remission .
Key Changes Makes it much easier for employees to sue under the “regarded as” section • If an employer wrongly considers an employee or applicant as disabled when they are not—they can sue and win, even if the impairment that caused them to view them as disabled was not a disability.
What’s makes a “qualified individual”? ADAAA states than an individual with a disability is qualified when: • They satisfy the requisite skill, experience , education and other job related requirements of the position • with or without reasonable accommodation • and can perform the essential functions.
• A physical or mental impairment that “substantially limits a major life activity” of an individual • A record of such an impairment • Being “regarded as” having such an impairment Regulations state the term “major” does not create a demanding standard for disability and should not be interpreted strictly.
Purpose To “reinstate a broad scope of protection” by expanding the definition of the term “disability to include many types of impairments that were originally left out of the ADA.
includes any Physiological disorder or condition, or anatomical loss affecting one or more body systems such as: Digestive Skin Neurological Genitourinary Endocrine Musculoskeletal Immune Special sense organs Respiratory Circulatory (including speech organs), Hemic Cardiovascular Lymphatic Reproductive
includes any Mental or psychological disorder such as: Intellectual disability (formerly termed “mental retardation,” Organic brain syndrome, and specific learning disabilities.
Caring for oneself Sitting Concentrating Performing manual Reaching Thinking tasks Lifting Communicating Seeing Bending Interacting with others Hearing Speaking Working Eating Breathing Sleeping Learning Walking Reading Standing
Brain Functions of the immune system Respiratory Special sense organs * Includes the Circulatory and skin operation of an Cardiovascular individual organ Normal cell growth Endocrine within the body. Digestive Hemic Genitourinary Lymphatic Bowel Musculoskeletal Bladder Reproductive Neurological functions
A history of a mental or physical impairment that substantially limits a major life activity, or has been misclassified as having such an impairment. Employers are required to provide a reasonable accommodation if needed and if related to the past disability.
The primary focus in an ADAAA case should be if the employer complied with their obligations under the ADAAA and if discrimination occurred, not if the individual meets the definition of disability. No extensive demand analysis to determine if disabled.
Review job descriptions to ensure regulatory compliance Train supervisors to comply Assure interactive process in place with documentation Check your policies
The ADAAA and steps to the interactive process: Reasonable Accommodation under the ADAAA
Step 1 Step 2 Step 3 Step 6 Step 5 Step 4 Step 7 Step 8
Gather necessary documents: Checklist Employee questionnaire Medical provider questionnaire Job description Please have your county attorney or legal counsel review these documents before use
Step 1 The disability comes to the attention of the manager or supervisor through observation or request
Question One True or False – Employees must ask for an accommodation.
Step 1 Step 2 Identify the essential and non ‐ essential functions of the job
Can this function be Would taking this Does this position exist performed by other function from the job to perform this employees in the fundamentally change function? department? the job? Would there be significant Is special expertise or Is special training or consequences if this judgment required? education required? function is not performed? Is a license or certification required?
Only essential functions may be used in determining reasonable accommodation Only essential functions must be reasonably accommodated
Step 1 Step 2 Step 3 Consult with the employee to identify any job ‐ related limitations and complete the employee questionnaire
Caring for oneself Sitting Concentrating Performing manual Reaching Thinking tasks Lifting Communicating Seeing Bending Interacting with others Hearing Speaking Working Eating Breathing Sleeping Learning Walking Reading Standing
Have the employee sign the Employee Questionnaire!
Question Two Which of the following is an example of a major life activity under the ADAAA? A. Bending B. Concentrating C. Interacting with Others D. All of the Above
Step 1 Step 2 Step 3 Provide the medical Step 4 questionnaire to the employee to seek documentation of functional limitations from the medical provider.
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. 'Genetic Information' as defined by GINA includes an individual's family medical history, the results of an individual's or family member's genetic tests, the fact that an individual or an individual's family member sought or received genetic services, and genetic information of a fetus carried by an individual or an in ‐ dividual's family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.
Step 1 Step 2 Step 3 Step 4 Step 5 Consult with the employee to identify possible accommodations.
Step 1 Step 2 Step 3 Step 5 Step 4 Step 6 Employee and manager or supervisor research possible accommodations and discuss options
Question Three True or False – The accommodation that the employee asks for is always the best accommodation to give
Step 1 Step 2 Step 3 Step 6 Step 5 Step 4 Implement the accommodation Step 7 that is most reasonable for both the employee and the employer.
Determination should be based on: Nature and cost of accommodation Overall financial resources and number of persons employed Facility specifics if part of a larger entity Type of Operations Impact on Operations
Step 1 Step 2 Step 3 Step 6 Step 5 Step 4 Document the Step 7 Step 8 process!
Question Four Buying a new police car that sits higher off the ground is an undue hardship for the county. A. Always true B. Sometimes true C. Never True
This training is designed to provide general information about the subject matter covered. Neither TAC nor the trainers are engaged in rendering legal advice. If you need legal advice, TAC recommends that you seek the services of a competent attorney who is familiar with your specific situation.
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