The Americans with Disabilities Act: Disclosure and Reasonable Accommodations in Employment Barry Whaley, MS Project Director, Southeast ADA Center Burton Blatt Institute, Syracuse University College of Law Syracuse, NY September 25, 2020
Colleen McLaughlin, MEd Associate Director The Boggs Center on Developmental Disabilities
COVID-19 Resources on The Boggs Center Website • COVID-19 National & State Resources • Plain Language and Accessible Information • Healthcare & Communication Resources • Resources in Support of Physical & Emotional Well-Being and Mental Health • Employment & Financial Related Resources • Boggs Center Resources about Grief and Loss • Boggs Center Resources about Supported Employment • Boggs Center Resources about Planning for Emergencies • Boggs Center Resources for Supporting Students with Disabilities • Resources About Face Masks http://rwjms.rutgers.edu/boggscenter/links/COVID-19Resources.html
GoToWebinar Control Panel Handouts • Handouts may be downloaded from the Control Pane l. • The webinar recording and handouts will also be posted on The Boggs Center web site next week: http://rwjms.rutgers.edu/boggscenter/dd_lecture/audio.html Questions • We are planning to have a brief Question and Answer session at the end of the lecture. • In order to ask a question, you have to type it in the Questions section of the Control Panel .
Certificates of Attendance for Continuing Education Recognition To receive a Certificate of Attendance, you must: Be logged onto the webinar from start to finish and Complete the evaluation at the end of the webinar Certificates will be emailed to attendees who meet these requirements next week
The Americans with Disabilities Act: Disclosure and Reasonable Accommodations in Employment Barry Whaley, MS Project Director, Southeast ADA Center Burton Blatt Institute, Syracuse University College of Law Syracuse, NY September 25, 2020
Barry Whaley, MS Project Director, Southeast ADA Center Burton Blatt Institute, Syracuse University College of Law Syracuse, NY
The Americans With Disabilities Act: Disclosure And Reasonable Accommodations In Employment
Disclaimer The contents of this presentation were developed under a grant from the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR grant number 90DP0090-01-00). NIDILRR is a Center within the Administration for Community Living (ACL), Department of Health and Human Services (HHS). The contents of this publication do not necessarily represent the policy of NIDILRR, ACL, HHS, and you should not assume endorsement by the Federal Government. The information, materials, and/or technical assistance provided by the Southeast ADA Center are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA. The Southeast ADA Center does not warrant the accuracy of any information contained herein. Furthermore, in order to effectively provide technical assistance to all individuals and entities covered by the ADA, NIDILRR requires the Southeast ADA Center to assure confidentiality of communications between those covered and the Center. Any links to non-Southeast ADA Center information are provided as a courtesy, and are neither intended to, nor do they constitute, an endorsement of the linked materials. You should be aware that NIDILRR is not responsible for enforcement of the ADA. For more information or assistance, please contact the Southeast ADA Center via its web site at adasoutheast.org or by calling 1-800-949-4232 or 404-541- 9001. Syracuse University | 2017
David McCullough Quote “How can we know who we are and where we are going if we don't know anything about where we have come from and what we have been through, the courage shown, the costs paid, to be where we are?” David McCullough, Brave Companions: Portraits in History 11
Disability Rights Timeline (1917-1946) 1933 1938 1946 1917 Franklin Roosevelt Fair Labor National Mental Smith‐Hughes first President with Standards Act Health Vocational an obvious disability Foundation Education Act 1933 1935 1917 1920 1938 1940 1946 1951 1940 1935 1920 1951 American League of the Fess‐Smith Camp Jened Federation of the Physically Vocational Physically Handicapped Rehabilitation Act Handicapped formed
Disability Rights Timeline (1964-1999) 1973 1978 1988 1964 1999 I. King Jordon – Rehabilitation Act ADAPT bus Civil Rights Act Olmstead v. 1 st deaf president of protests L.C. Gallaudet University 1964 1972 1973 1975 1978 1986 1988 1990 1999 1990 1986 1975 1972 Americans with Air Carriers Education for All Mills v. DC Board Disabilities Act Access Act Handicapped of Education and Children Act PARC v. Pennsylvania
Rehabilitation Act 1973 • Passed into law in 1972 but vetoed by Richard Nixon • Foundation of the Americans with Disabilities Act • Section 501 prohibits employment discrimination based on disability in the federal government in hiring • Section 503 prohibits discrimination in employment by federal contractors and subcontractors • Section 504 Prohibits discrimination on the basis of disability by programs receiving federal funds 14
Rehab Act of 1973 Amendments • Centers for Independent Living 1978 • Supported Employment 1986 • Employment as the primary goal of VR 1992 15
A Snapshot: The Spirit of the ADA “The ADA is the civil rights act of the future.” Justin Dart, Jr., “Father of the ADA” “…“let the shameful wall of exclusion finally come tumbling down.” President George Bush, before signing the ADA into law on July 26, 1990 16
Senator Tom Harkin Author of the ADA Refers to the ADA as “an ‘emancipation proclamation’ for people with disabilities” “Disabled individuals spend a lifetime overcoming not what God wrought, but what man has imposed by custom and law” 17
ADA Quiz Question 1 Ho w many pe o ple with disabilitie s are the re in the U nite d State s? 18
ADA Quiz Answer to Question 1 61 million Source : Centers for Disease Control and Prevention Press Release ‐ 1 in 4 US adults live with a disability Link : cdc.gov/media/releases/2018/p0816‐disability.html 19
ADA Quiz Question 2 Ho w many pe o ple with disabilitie s live in Ne w Je rse y 20
ADA Quiz Question 2 Answer 21
Americans with Disabilities Act Overview Landmark civil rights law that guarantees equal treatment for people with all disabilities or individuals who have an association or relationship with someone who has a disability. Syracuse University | 2017
ADA30 23
ADA 30 ‐ Celebrate. Learn. Share. • ADA Anniversary Tool Kit Link : adaanniversary.org • Share Your #ThanksToTheADA Moment ! Link : adata.org/thanks‐to‐the‐ada‐ campaign Funded by NIDILRR Grant #90DP0090‐01‐00 24
Americans with Disabilities Act – What Does It Cover? Title I Employment Protections. Title II Public Entities and Transportation. Title III Public Accommodation and Commercial Facilities. Title IV Telecommunications. Title V Technical Provisions. Syracuse University | 2017
Unemployment vs. Labor Force Participation Unemployment Labor Force Rate Participation People with People with disabilities disabilities 13.2% 20.6% People without People without disabilities disabilities 8.4 % 67% Source: Department of Labor, Office of Disability Employment Policy, August 2020 Syracuse University | 2017
Title I of the ADA – The Basics Employers cannot discriminate against people who have disabilities in regard to: • any employment practices or terms; • conditions; or • privileges of employment. This prohibition covers all aspects of the employment process. Syracuse University | 2017
Exemptions • Private employers with fewer than 15 employees • The Federal Government • Corporations fully owned by the US Government • Private Membership Clubs • US Government Executive Agencies • Indian Nations • Businesses operating in foreign countries, if compliance violates foreign law Syracuse University | 2017
ADA Title I: Qualified Applicant An employer cannot discriminate against qualified applicants and employees on the basis of disability. A qualified applicant is an individual who: • meets the skill, experience, education, and other job- related requirements of a position held or desired, and • with or without reasonable accommodation , can perform the essential functions of a job . Syracuse University | 2017
ADA and Reasonable Accommodation • Any change in the work environment or how things are usually done that results in equal employment opportunity for an individual with a disability. • A business must make a reasonable accommodation to the known physical or mental limitations of a person with a disability unless it can show that the accommodation would cause an undue hardship on the operation of the business. Syracuse University | 2017
Reasonable Accommodation Examples Slide 1 of 2 • Using assistive technology (Screen readers, JAWS, Audio-text software) • Change in schedule • Changes in break times • Work from home • Using job aids Syracuse University | 2017
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