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Disability-Related Trainingfor

Supervisors and Managers

Equal Employment Opportunity Division2014

Organization

Equal Employment Opportunity Division

• Create, review and revise commonwealth disability-related employment policies.

• Monitor agencies’ compliance with commonwealth policy, and state and federal disability-related statutes.

• Provide guidance and serve as advisors to the agencies on disability-related issues.

• Review appeals of agency accommodation request decisions.

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Agenda

• Logistics

• Overview of the ADA

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ADA

• Brief Overview of the ADA

As it pertains to employment practices (Title I)

Who is protected by the ADA?

Reasonable Accommodation

Management’s role under the ADA

Additional information

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Why is this Important to YOU?

• There are over 7 million people in PA between the ages of 21 and 64. 20.7% have a disability

• We are all within 3 seconds of having a disability.

• 25,957 charges were filed under the ADA with EEOC during 2013. Over $109.2 million in monetary benefits were

obtained in 2013 alone.

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Overview

The intent of Title I of the ADA is to enable individuals with disabilities to enjoy the same terms, conditions and benefits of employment as individuals without disabilities in all employment practices or aspects of the employment process.

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ADA Includes

• Application• Hiring • Promotion• Testing• Medical

examinations• Layoff/recall• Assignments

• Evaluation• Compensation• Disciplinary

actions• Leave• Training• Benefits• Termination

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Further Protection from Discrimination

• In addition to the ADA, other statutes and policies prohibit discrimination on the basis of disability.

Section 504 of the Rehabilitation Act of 1973

PA Human Relations Act

Management Directive 205.25

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Who is Protected by the ADA?

An individual who:

• Has a disability; and/or

• Has a record of a disability; and/or

• Is regarded as having a disability.

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What is a Disability?

With respect to an individual—

A disability is a physical or mental impairment that substantially limits one or more major life activities.

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Physical Impairment

• Any physiological condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body’s systems, including the five senses; neurological, respiratory (including speech), digestive, reproductive and elimination functions; and musculoskeletal, cardiovascular, endocrine and lymphatic systems.

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Mental Impairment

• Any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and learning disabilities.

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Not Impairments

• Eye or hair color• Left-handedness• Height or weight within a normal

range• Environmental, cultural or economic

disadvantages• Lack of education• Prison record

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When is an Impairment a Disability?

• An impairment is a disability if it substantially limits a major life activity.

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Major Life Activities include, but are not limited to:• Walking

• Speaking• Breathing • Sitting• Hearing• Eating• Sleeping• Learning• Caring for oneself

• Performing manual tasks

• Seeing• Standing• Lifting• Bending• Reading• Concentrating• Thinking• Communicating• Working

Major Life Activities

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Major Life Activities also include the operation of a Major Bodily Function, such as:

Immune system Normal cell

growth Digestive system Bowel Bladder Neurological

system

Brain Respiratory

system Circulatory

system Endocrine

system Reproductive

functions

Major Life Activities

Substantially Limiting

• To have an actual disability an individual must be (or have been) substantially limited in performing a major life activity as compared to most people in the general population.

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Episodic & Conditions in Remission

• Conditions that are episodic or in remission are disabilities if they would substantially limit a major life activity when active.

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“Regarded As” Having a Disability

• Individual has been subjected to an employment action because of an actual or perceived physical or mental impairment

• Whether or not the impairment limits or is perceived to limit a major life activity

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“Regarded As” Disabilities

• “Regarded as” does not apply to transitory and minor impairments (lasting less than six months and minor)

• There is no requirement to accommodate “regarded as” disabilities

• People who are “regarded as” having a disability are entitled to protection from discrimination

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Worksheet

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Protection in Employment

• Title I of the ADA prohibits discrimination against applicants and employees on the basis of disability.

Employees Must be Qualified

• All employees must have the necessary skills, experience, education, and other job-related requirements to perform the essential functions of a position.

• A person with a disability must be able to perform the essential functions of the job with or without a reasonable accommodation.

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Must Accommodate Unless…

• An employer must make a reasonable accommodation to the known physical or mental limitations of a qualified applicant or employee with a disability unless:

the accommodation would cause an undue hardship for the employer; or

the requestor would pose a direct threat to himself/herself or to others.

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What is a Reasonable Accommodation?

• A reasonable accommodation is an adjustment to a job and/or work environment that enables a person with a disability to perform the essential functions of the job.

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What is an Essential Job Function?

• Essential Job Functions are the basic, vital, or primary functions of the position.

• Determining whether a function is essential involves a number of factors, including the employer’s assessment of the need for the particular function.

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Determining Essential Job Functions

• There are several questions that will help you to determine if a job function is ESSENTIAL. Ask yourself:

Does the position exist to perform the function?

Are there a limited number of other employees available to perform the job function?

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Determining Essential Job Functions

Is the function highly specialized and does it require special skills?

How much time does the employee spend performing the particular function?

What are the consequences of not requiring a person in this job to perform a particular function?

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Reasonable Accommodations

Reasonable Accommodations may include, but are not limited to:

Modifying existing equipment and/or facilities for ease of accessibility

Restructuring the job

Modifying or initiating changes to work schedules

Assigning an individual to a vacant position, for which he/she is qualified

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Steps to Reasonable Accommodation

• The employee requests a reasonable accommodation

• The supervisor provides the employee with the Request for Accommodation Form and makes him/her aware that medical documentation may be required

• The employee completes the Accommodation Request Form and submits it to his/her supervisor

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• The supervisor signs the Accommodation Request Form and forwards it to the Disability Services Coordinator with the employee’s job description and essential job functions

• The Disability Services Coordinator reviews the accommodation request and documentation and determines if additional information is needed to make a recommendation for appropriate action

Steps to Reasonable Accommodation

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What is Your Role?

• As a supervisor/manager, you will play a crucial role in ensuring equal opportunity for all people, including those with disabilities

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Employment Decisions

Employment-related decisions must bemade in compliance with:

• Disability-related employment laws;

• Commonwealth management directives and executive orders; and

• Your agency’s policy.

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Hiring and Selection of Candidates

• Inquiries about the existence of a disability, or medical examinations prior to making a conditional job offer are prohibited.

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Pre-employment Inquiries

• During the pre-offer stage, employers: May ask about the applicant’s ability to

perform specific job-related functions; and

May ask questions that are not disability-related and require examinations that are not medical, provided all applicants are asked the same questions and given the same examinations.

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Pre-employment Inquiries

• An employer may ask an applicant if he/she can perform the essential job functions with or without a reasonable accommodation.

• An employer may also ask an applicant how he/she would perform job-related functions with or without an accommodation.

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During the pre-employment stage:

• An employer may ask a reference or previous employer about:

The job duties performed by the applicant;

Job performance;

Attendance record; and

Other job-related issues that do not relate to disability.

Pre-Employment Stage

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Depending on your specific position, you may:

• Receive accommodation requests

• Make decisions regarding reasonable accommodation requests

• Supervise/manage employees

• Be responsible for program areas that impact individuals with disabilities

Your Role

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Responsibilities

• Ensure that all employment decisions are made in a non-discriminatory manner, and do not violate federal or state law, or commonwealth policy.

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Removing Barriers

The ADA and other disability-related statutes and policies are designed to remove barriers that prevent qualified individuals with disabilities from enjoying the same benefits and employment opportunities that are available to persons without disabilities.

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Your Role in Removing Barriers

• Refrain from discussing employees’ medical conditions unless they are relevant.

• Recognize requests for reasonable accommodation (they don’t have to be in writing or use “magic language”).

• Know the procedures to follow if an employee requests or obviously needs an accommodation.

• Focus on employee performance and conduct, and apply policies and procedures in a uniform, non-discriminatory manner.

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Additional Information and Review

• This section is intended as a quick review of important information that you need to know; and

• Will provide you with additional information relevant to frequently asked questions concerning disability issues.

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Prohibition Of Discrimination

• The ADA prohibits discrimination on the basis of disability and seeks to ensure equal opportunity based on merit.

• The ADA does not establish quotas or require preferential treatment of individuals with disabilities.

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Removal Of Barriers

• When a person with a disability encounters a barrier to employment opportunities, the ADA requires an employer to consider whether a reasonable accommodation can remove the barriers.

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Reasonable Accommodation

• The obligation to provide a reasonable accommodation may arise any time an employee develops a disability, or when there is a change in an employee’s disability or job functions.

• A reasonable accommodation must be sufficient to allow an employee to perform the essential functions of his/her position.

• All information pertaining to the accommodation request and all related information must remain confidential.

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Reasonable Accommodation

• A qualified individual with a disability has the right to refuse an accommodation.

• However, if the individual cannot perform the essential functions of the job with or without the accommodation, he/she may be considered unqualified for the position.

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Drugs And Alcohol

• Active use of drugs is not a protected condition under the ADA.

• Alcoholics are protected under the ADA.

• Casual users of alcohol do not have an impairment and therefore are not protected under the ADA.

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Summary

We discussed the intent of the ADA, Title I

Protection from discrimination

Removal of barriers to equal opportunity and benefits of employment

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Summary

What can you do? Refrain from discussing medical conditions unless

relevant.

Recognize requests for accommodation.

Know the procedures to follow if an employee requests or obviously needs an accommodation.

Focus on employee performance and conduct.

Apply policies and procedures in a uniform, non-discriminatory manner.

Document actions and decisions.

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Recent Cases

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Additional Information

• Equal Employment Opportunity Division717.783.1130 (http://www.portal.state.pa.us/portal/server.pt/community/equal_employment/20148 )

• Commonwealth Policies Executive Order 2002.5 Management Directive 205.25

• Pennsylvania Human Relations Commission(www.phrc.state.pa.us)

• Equal Employment Opportunity Commission (www.eeoc.gov)

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Questions ?

• If you have further questions after leaving today, please contact your agency Disability Service Coordinator or the Equal Employment Opportunity Division(717.783.1130).