Americans With Disabilities Flashcards
What disabilities need to be accommodated?
Only known disabilities, and unless obvious, the employee needs to let the employer know of his/her need for an accommodation. Don’t look at mitigating factors such as medication that controls the condition. Each person should be treated as an individual; not all situations are the same.
What are the requirements of the accommodation?
The employer does not have to provide the employee with the accommodation that the employee wants. There should be an interactive process that is documented. Want to show that the employer wasn’t the cause of the breakdown of the interactive process. First person to drop out of the interactive process loses!
What is the ADA?
Prohibits discrimination against “qualified individuals with disabilities.” Employers are required to “reasonably accommodate” disabled individuals unless such accommodation works as an “undue hardship” or poses a threat to safety.
What is the definition of “disability”?
1) A physical or mental impairment that substantially limits one or more of the major life activities of an individual
2) A record of such impairment
3) Being “regarded as” having such an impairment.
NOTE: Be careful of “regarded as” trap.
What is a “qualified individual”?
A “qualified” individual with a disability can:
1) satisfy the requisite skill, experience, education, and other job-related requirements, and
2) perform the essential functions of a position with or without reasonable accommodation.
What are “essential job functions”?
The most important job duties, the critical elements that must be performed to achieve the objectives of the job. Removal or reassignment of an essential function would fundamentally change a job. Good idea to have job descriptions with these functions delineated.
What are examples of accommodations?
1) Granting leaves of absence
2) Making existing facilities accessible
3) Rearranging or modifying work schedules
4) Restructuring a job
5) Acquiring or modifying equipment
6) Providing qualified readers or interpeters
7) Reassignment
What must occur when an employee returns from an ADA leave?
Unlike FMLA leave, an employee under the ADA is entitled to return to his same position unless the employer can demonstrate that holding open the position would impose an undue hardship.
Can an employee be terminated under the ADA if he is unable to perform an essential job function?
No. Under the ADA, unlike the FMLA, the employee would be entitled to a reasonable accommodation. The employer must consider reassigning the employee to a vacant position if no other reasonable accommodation will allow the employee to perform his existing job, or if accommodating within the employee’s existing job would pose an undue hardship to the employer.
