The Americans with Disabilities Act: What you should know

New Mexico State University-Office of Institutional Equity/EEO

NMSU RESPECTSOffice of Institutional

Equity/EEOADA and ADAAAThe Americans with Disabilities Act

What You Should Know


Training Etiquette:

Please make sure all cell phone ringers, radios, blackberries and iPhones are turned off when possible

Please keep side conversations to a minimum

Please raise your hand to ask questions or offer comments


OIE/EEO Overview: Review and process EEO-based claims of

discrimination and harassment 1. OIE investigates claims of discrimination 2. Presents the facts in a report to the Provost (or designee) 3. The Provost (or designee) makes the determination

Serve as liaison with EEOC, NM HRB, OCR Initial point of contact for Employee ADA Petition

for Accommodation Ensure implementation of NMSU’s Affirmative

Action Plan Training


OIE/EEO Staff

Gerard R. Nevarez, Executive Director [email protected]

Angela M. Velasco Associate Director [email protected]

Agustin DiazAssociate Director [email protected]

Fermin A. RubioSenior Specialist [email protected]

Christina R. GomezAdmin. Asst. [email protected]

Senaida CollinsAdmin. Asst. [email protected]


OIE/EEO Contact Information: Mailing AddressNMSU-OIE/EEOP.O. Box 30001, MSC 3515Las Cruces, NM 88003

Physical Address:O’Loughlin House1130 E. University Avenue Las Cruces, NM 88003

Internal-Department

MSC 3515

Office Telephone(575) 646-3635

TDD/TTY (575) 646-7802

Office Fax(575) 646-2182

Office Email [email protected]

Websitehttp://eeo.nmsu.edu


Objectives:

Gain a basic understanding of disabilities as they relate to: the workplace the academic environmentaccessibility and facilities


Disability Laws:

Americans with Disabilities Act of 1990 (ADA) as amended

Americans with Disabilities Act Amendments Act of 2008

Rehabilitation Act of 1973, Section 503, 504

NM Laws


ADA Background: Became law in 1990, Amendments 2008 Eliminates discrimination against individuals

with disabilities (physical or mental) Gives equal employment and educational

opportunities to qualified individuals with disabilities

Does not require employers to hire the disabled Provides for a “reasonable accommodation” for

an individual with disability Interaction with FMLA & Worker’s Comp


Qualified Disabled IndividualsMeet a job’s skills, knowledge,

abilities, experience and other requirements

Perform a job’s “essential functions” with or without reasonable accommodation


Disability Definitions:

A physical or mental impairment that substantially limits one or more major life activities

A record of such an impairmentBeing regarded as having such an

impairment


Disability must substantially limit a major life activity: Seeing, hearing, walking, learning,

speaking, sleeping, standingPermanent or long-term loss of use

of arms or legsVisual, speech or hearing

impairment, cancer, HIV, cerebral palsy


2008 Amendments (ADAAA):Major bodily functions (immune

system, digestive, bladder, respiratory)

Mitigating measures excludedEpisodic or in remission coveredBroad coverageNo extensive analysis is needed


A record of a qualifying disability: An employer cannot discriminate

against someone with a qualifying disability that is currently cured, controlled or in remission

Examples: cancer, heart disease, mental illness


Regarded as having a qualified disability: Impairment not substantially

limited, but treated that wayExample: Not wanting to give a person with controlled high blood pressure a physically strenuous job.


Regarded as having a qualified disability: Impairment only substantially

limited due to others attitudesExample:A person is not promoted because of a prominent facial scar that makes others uncomfortable.


Regarded as having a qualified disability: No impairment, but treated as if

impairedExample: A person is fired because of a false rumor that he/she is HIV


Certain conditions are NOT disabilities: Sexual behaviorCompulsive gambling, kleptomania,

pyromaniaIllegal drugsSprains, coldsPersonality traits (quick temper)


Using Acceptable Language:

Treat individuals with courtesy and respect

Acceptable NOT Acceptable Disabled Crippled, deformedPsychiatric disability Crazy, nuts, psycho

Has hearing disability or is deaf Deaf & dumb

Able bodied non-disabled Normal


Treating Disabled Individuals Fairly & Legally: Avoid employment discriminationUse objective factual evidenceMedical information is confidentialSupervisors do not make stray

remarks


Considerate Interactions: Speech Impairment:

Listen carefully and patiently; don’t interrupt Repeat and clarify Ask questions that can be answered with a nod or a

short answer

Hearing Impairment: Reduce background noise Speak slowly and clearly Use natural gestures and facial expressions Write down detailed or complex communications Learn basic sign language/hire an interpreter


Considerate Interactions: Visual Impairment:

Identify yourself Address individuals by name Offer elbow ONLY if assistance is accepted Treat guide dog as assistant, not pet

Limited Mobility: Sit down when talking to a person in a wheelchair Don’t lean on the wheelchair Keep aisles clear Hold meetings in accessible areas.


Service Animals: When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions:

Is the dog a service animal required because of a disability What work or task has the dog been trained to perform

Staff cannot ask: About the person’s disability Require medical documentation Require a special identification card or training

documentation for the dog The service animal demonstrate its ability to perform the

work or task.NMSU Policy 3.06 Assistive, Service and Companion Animals on University Premises


Remember: Disabled individuals must meet

workplace conduct standardsDisabled students must meet the student

code of conduct standardsConfidentiality is crucialWhat information is not to be sharedSupervisors/Faculty/Staff should not

have or request medical information


The Doctor is InJanet is Dan’s supervisor. Dan is struggling with an extremely difficult emotional situation at home. His wife is a severe alcoholic prone to violent outbursts, and they have two small children. He makes a habit of coming to see Janet when he is particularly distraught, and he confides many of his personal problems to her. These impromptu therapy sessions often last for hours, and he repeatedly tells her how much he appreciates her support. Question:As Dan’s supervisor, what should Janet do?


Too Sick to WorkMary has disclosed she has been diagnosed with the early stages of multiple sclerosis and that sometimes she tires more easily than usual. You have noticed that Mary’s job performance is suffering; deadlines are not being met, she is late frequently and her work contains frequent errors.In light of these performance problems, you schedule a meeting with Mary. At the meeting you inform her that her work is not satisfactory, probably as a result of her MS. You advise Mary that since she’s been so sick, she just may be too sick to continue working and suggest she consider resigning. You document this conversation in her personnel fileADA Violation?


You Shouldn’t be Spreading Information about My Disability Maria has worked for you part-time as a customer service representative. While working, she fell and injured her back, leading to a finding of a permanent partial disability, entitling her to workers’ compensation benefits.Last month, Maria sought a transfer to another department, as an office services clerk. She went to see her prospective boss, Joe Burton, to find out if she had a chance of landing the job. Joe knew about Maria’s workers’ compensation injury and asked he if she could handle the physical demands of an office services clerk. Maria responded that she thought she could. Joe wanted to make sure and sent her to a local clinic for an evaluation.The clinic determined that Maria had a lifting restriction of 20-35 pounds. Joe was concerned that Maria’s limitations would adversely affect the department morale, particularly if co-workers’ scheduled and/or tasks would have to be altered to accommodate Maria. Joe talked to his staff about Maria’s limitations.The next week Joe called Maria to tell her the good news: he was approving her transfer. Maria received favorable performance appraisals in her new job, but her co-workers treated her patronizingly, making jokes about how she only gets the easy tasks because of her so-called disability, that there’s probably nothing wrong with her at all, and accusing her of being a baby.


Split PersonalitySituation:You are Carol’s supervisor. She is very good at her job, but she is extremely moody. One day she’ll be friendly and generous, and the next day she’ll be rude or standoffish in her interactions with other employees. So one day, when Carol is out of the office, you have lunch with a group of employees and discover that Carol is a favorite subject of discussion among her coworkers. Several people make comments like, “Carol needs a shrink” and “We need to get that girl some anti-depressants.”Question:What should you do as a supervisor?


Reasonable Accommodation Process: Employee:

Sufficient notice is given Reasonable Accommodation Request Form is completed. Essential Job Functions Questionnaire Reasonable Accommodation documentation is reviewed. Importance of Interactive process Role of ADA Review Committee

Student: Refer Student to Accessibility Services Department Student will work with the Accessibilities Services Coordinator

to complete the necessary steps for approved services


Factors: Broad Definition of Disability

Is it reasonable?

Review essential job functions

Assess whether accommodation permits employee to perform essential functions

Is it an undue hardship? Health/Safety issues?

No specific wording, no magic words

Alternative accommodation

Appropriate academic accommodations for Students


Examples of Reasonable Accommodation Employee

Different job Being away Moving office Assistive Technology

Student Note taking services Sign language interpreting services Alternative format of reading materials Testing accommodations Service animals


Accessibility:

Workplace Classrooms Websites Job Applicants Campus Visitors


Resource External Resources:

Job Accommodation Network -http://askjan.org Internal Resource:

Office of Institutional Equity – [email protected]

NMSU-Las Cruces Student Accessibility Services – http://www.nmsu.edu/~ssd/index.html

NMSU-Alamogordo Accessibility Services Department: http://nmsua.edu/asd/


THANK YOU

Education

The Americans with Disabilities Act: What you should know