10/9/2014 Welcome! The ADAAA and its affect on Section 503 of the 73 Rehabilitation Act will begin at 2:00 p.m. Eastern Time 1 Listening to the Webinar Online: • Please make sure your computer speakers are turned on or your headphones are plugged in • Control the audio broadcast via the AUDIO & VIDEO panel • If you have sound quality problems, please go through the Audio Wizard by selecting the microphone icon arrow points to microphone icon on audio and video panel 2 2 Listening to the Webinar (cont.) • To connect by telephone: 1-857-232-0476 Pass Code: 368564 This is not a toll-free number 3 3 1
10/9/2014 Captioning Real-time captioning is provided; open the window by selecting the “cc” icon in the Audio & Video panel • You can re-size the captioning window, change the font size, and save the transcript arrow points to the "cc" icon in the audio and video panel 4 4 Submitting Questions Participant list • In the webinar platform: Double- click on “Mid - Atlantic ADA Center” in the Participant List to open a tab in the Chat panel (keyboard: F-6 and arrow up or down to find Mid-Atlantic ADA Center); type your question in the text box and “enter” o Your question will be sent to the presenters; other participants will not be able to see it • E-mail: ADAtraining@transcen.org 5 5 Technical Assistance If you experience technical difficulties • Use the Chat panel to send a message to the Mid-Atlantic ADA Center • E-mail ADAtraining@transcen.org • Call 301-217-0124 6 6 2
10/9/2014 Archive • This webinar is being recorded and can be accessed within a few business days • You will receive an email with information on accessing the archive 7 7 Continuing Education Credits • Please consult the reminder email you received about this session for instructions on obtaining continuing education credits for this webinar. • You will need to listen for the continuing education code which will be announced at the conclusion of this session. • Requests for continuing education credits must be received by 12:00 PM EDT October 10, 2014 8 8 The ADAAA and its affect on Section 503 of the 73 Rehabilitation Act Presented by: Mid-Atlantic ADA Center Logo Today’s presenter: Rob Hodapp 9 3
10/9/2014 ADA Trainer Network Module 3b ADA Amendments Act & Employment: An Overview Rob Hodapp 814-451-5421 rhodapp@pa.gov VR Specialist 10 Disclaimer Information, materials, and/or technical assistance 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 Mid-Atlantic ADA Center is authorized by the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information, materials, and technical assistance to individuals and entities that are covered by the ADA. The contents of this document were developed under a grant from the Department of Education, NIDRR grant number H133 A110020. However, those contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government. 11 The Basics: ADA Amendments Act (Signed in 2008) “The courts have consistently chipped away at Congress’ very clear intent…virtually excluding entire classes of people even though (Congress) had Signing of the ADAAA specifically mentioned their impairments as objects of the laws’ protection.” Rep Steny Hoyer on the signing of the ADA Amendments Act in 2008) 12 4
10/9/2014 gavel The ADA Amendments Act Signed into law September 25, 2008 Effective date: January 1, 2009 EEOC final regulations published in the Federal Register on March 25, 2011 EEOC final regulations became effective on May 24, 2011 http://www.gpo.gov/fdsys/pkg/CFR-2011-title29-vol4/xml/CFR-2011-title29-vol4-part1630.xml 13 Consider these cases… A fully qualified individual was denied employment in a warehouse on the basis of a cognitive disability Gavel A teacher whose breast cancer was in remission was denied re-employment after a leave of absence A sales associate was denied an accommodation (two very brief breaks) to take insulin shots for his diabetes 14 The Catch 22 … Not “impaired” enough to meet the ADA definition of disability but impaired enough to be considered “not qualified” Building a bridge The merit of the discrimination event itself was rarely considered as the courts paid more attention to determining whether the individual had a “disability” 15 5
10/9/2014 ADA Amendments Act … Realigning with the original intent of Congress Definition of disability still reads: A physical or mental impairment that substantially limits gavel one or more major life activity: • Someone who has an impairment • Someone who has a record of an impairment • Someone who is regarded as having an impairment But the terms of the definition have been expanded and illustrated 16 ADA Amendments Act … Substantially limited Do not consider effects of mitigating measures (e.g., medication, wheelchair) Episodic and remitting conditions which when active gavel are substantially limiting, are covered. 17 ADA Amendments Act … Major life activity Illustrative (non-exhaustive) lists: Major life activities Bodily functions gavel Individual need only be limited in ONE activity (not multiple) 18 6
10/9/2014 Non-exhaustive illustrative list* Major life activity: Lifting Caring for oneself Bending Performing manual tasks Speaking Seeing Breathing Hearing Learning Eating Reading Sleeping Concentrating Walking Thinking Standing Communicating Sitting Interacting with others Reaching Working *EEOC (2012). Questions and answers on the final Rule Implementing the ADA AA of 2008 . Accessed at http://www.eeoc.gov/laws/regulations/ada_qa_final_rule.cfm 19 Major Bodily Functions* • Immune system • Special sense organs and skin • Normal cell growth • Respiratory • Digestive • Circulatory • Bowel/bladder • Includes the operation of an individual organ body (e.g., kidney, liver, or pancreas) EEOC (2011) 20 ADA AA non-exhaustive list of impairments that should easily be found to be substantially limiting (Should not require further or extensive analysis)* Deafness Diabetes Blindness Epilepsy Intellectual disability (formerly HIV infection known as mental retardation) Multiple sclerosis Partially or completely missing limbs Muscular dystrophy Mobility impairments requiring use Major depressive disorder of a wheelchair Bipolar disorder Autism Post-traumatic stress disorder Cancer Obsessive-compulsive disorder Cerebral palsy Schizophrenia *EEOC (2012). Questions and answers on the final Rule Implementing the ADA AA of 2008 . Accessed at http://www.eeoc.gov/laws/regulations/ada_qa_final_rule.cfm 21 7
10/9/2014 ADA Amendments Act … Record of & Regarded as “ Record of ” disability Essentially the same definitions as “Prong 1” --having the disability Changes in “Regarded as” gavel Covers individuals who have experienced discrimination because of an impairment unless the impairment is both transitory and minor (lasting 6 months or less). Employer’s not required to provide accommodation to those who meet definition of disability under “regarded as” 22 What are non-obvious disabilities? 2 people • (Arguably) The most common category of disability in the US • Are covered by the ADA and the ADAAA just like obvious disabilities • Disabilities that may be misunderstood, leading to a unique dynamic in the workplace 23 The workplace dynamic: Non-obvious disabilities • Disclosure may be a choice • Greater social stigma • “But you look just fine!”— Credibility issues • Others may be more likely to “blame” people for their disability Person • Employers often confused about with eyes accommodation practices closed 24 8
10/9/2014 What are some examples of major types of non-obvious disability? • Arthritis • Mental illness • Diabetes woman • Autism/Aspergers syndrome • Learning disabilities • ADD/ADHD • AIDS/HIV • Multiple Sclerosis • Cancer • Seizure disorder • Multiple chemical sensitivity • Other? 25 What do you think? What is the leading cause of disability among people aged 15 – 44 in the US and Canada?* Group of A. Cancer people B. Depression C. Multiple Sclerosis D. Seizure disorder *“NIMH: The numbers count—Mental disorders in America.” National Institute of Health. (Available at http://wwwapps.nimh.nih.gov/health/publications/the-numbers-count-mental-disorders-in-america.shtml. [Citing 2004 World Health Report Annex Table 3 Burden of disease in DALYs by cause, sex and mortality stratum in WHO regions, estimates for 2002. Geneva: World Health Organization]. 26 What do you think? The most common type of disability among all age groups is:* Person with headache A. Arthritis B. Cancer C. Seizure disorder D. Asperger syndrome/autism *Centers for Disease Control and Prevention. Prevalence of doctor-diagnosed arthritis and arthritis-attributable activity limitation — United States, 2003 – 2005. MMWR 2006;55:1089 – 1092. Available from: http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5540a2.htm 27 9
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