The Americans
with Disabilities Act
Employer/Employee Rights &
Responsibilities
A Guide for Iowans
Published by The
Client Assistance Program
Iowa
Department of Human Rights
Reprinted: March, 2005
Revised: May, 2001
Reproduction permitted with credit given to
Iowa
Client Assistance Program
Table of
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THE HIRING PROCESS
ON THE JOB
APPENDIX
THE AMERICANS WITH
DISABILITIES ACT (ADA) OF 1990
This publication was
designed with the belief that the ADA addresses both employers and
employees to achieve a viable workforce and productive society. The
law was intended to reflect the balance between the employer and the
employee with a disability.
This booklet
contains information on Title I of the ADA but should not be
considered legal advice. Title I is directly related to the
employment provisions of the law. Both employers and employees have
responsibilities and rights under the ADA and this booklet addresses
the balance of rights and responsibilities under the law.
This law was
designed to remove the barriers that prevent qualified persons from
enjoying equal employment opportunities solely because of a
disability. It demonstrates America recognizing the vitality and
abilities of all people to contribute in our society, particularly
in the area of employment.
This is a civil
rights law. It prohibits discrimination against persons with
disabilities and encourages the recognition of citizens with
disabilities as full participants in American life. It recognizes
that these members of the American work force are an excellent
resource for employer
DEFINITION OF
“A PERSON WITH A DISABILITY”
The
ADA uses the definition of a person with a disability as:
1)
Someone who has significant difficulty performing a
major life activity (such as breathing, walking, talking, seeing,
hearing, learning, etc.) as a result of a physical or mental
condition. This has to be a substantial difficulty and not just a
temporary one.
2)
Someone who has a past record of a disability or
condition. The person may no longer have a difficulty but had a
record or history of the disability.
3)
The person is regarded or perceived as having a
disability.
The ADA also protects anyone who associates with someone who has a
disability as defined above.
WHAT ARE MY RIGHTS
AND MY RESPONSIBILITIES AS A PERSON WITH A DISABILITY UNDER TITLE I
OF THE ADA?
You have both rights and responsibilities in the area of
employment. An employer cannot discriminate against you because of
your disability, if you are qualified for the job. To be qualified
you have to be able to do the essential functions of the job, with
or without reasonable accommodation. An employer must provide you a
reasonable accommodation to help you carry out the essential
functions of the job.
You
also have responsibilities. You must be qualified (with or without
reasonable accommodation) and you must meet the employment
expectations of your employer. You must, in most circumstances,
request the accommodation you need. It is the balance of rights and
responsibilities that makes this law work for all Americans.
WHAT ARE MY RIGHTS AND RESPONSIBILITIES AS AN EMPLOYER UNDER
TITLE I OF THE ADA?
The Americans with Disabilities Act cover businesses employing
fifteen or more people. Title I of the ADA requires that you not
discriminate against qualified persons with disabilities in
employment practices.
Key company personnel must be aware of the ADA and your obligations
under the ADA. Managers and supervisory personnel should have a
working knowledge of the significant aspects of the ADA. Terms to be
knowledgeable of include:
Qualified individual with a disability
Essential functions of the job
Reasonable accommodation
Undue hardship
Direct threat to the health or safety of self
Direct threat to the health or safety of others
Post offer medical inquiries and examination
Case by case basis
Negotiated Accommodations
As an
employer, you have responsibilities under the ADA. You cannot
discriminate against a qualified person with a disability in any
aspect of employment practice. You must provide a reasonable
accommodation to enable the person with a disability to apply for
employment and carry out the essential functions of the job as well
as participating in employment activities and practices of your
company. You must consider reasonable accommodation when it is
requested and is appropriate to the situation. This applies to both
applicants and employees and should be negotiated with the employee.
You also have
rights. You can set the employment practices for your company. You
can choose the most qualified person for a job. You can set the
standards and expectations of your company.
It is the
balance of rights and responsibilities that makes this law work for
Americans.
Back to the top
THE HIRING PROCESS
JOB
QUALIFICATIONS-Employer
AS AN EMPLOYER, YOU HAVE RIGHTS
-
You may have job qualifications.
-
You may require specific skills.
-
You may require an employee to meet health or safety
standards.
-
You may require specific licenses or certifications.
-
You may have physical and mental requirements.
-
You may have qualification standards that an individual not pose a threat
to the
health or safety of others or to the health and safety of
themselves.
AS AN EMPLOYER,
YOU HAVE RESPONSIBILITIES
-
You have the responsibility to ensure that your
requirements do not screen out or tend to screen out an
individual with a disability solely on the
basis of the disability. You have the responsibility to ensure
that any job requirements and qualifications that do screen out
or tend to screen out persons with disabilities be job related
and consistent with business necessity. This means that the
qualification must be real and an actual measure for the
specific job, not a general class of jobs. All requirements
must relate to essential functions of the job. If it does not
relate to essential functions, it is not consistent with
business necessity.
Back to the top
THE HIRING PROCESS
JOB QUALIFICATIONS-Employee
AS AN APPLICANT
WITH A DISABILITY, YOU HAVE RIGHTS
-
You
have the right to be considered for any job that you are qualified
to perform.
-
An employer cannot discriminate against you on the basis
of your disability, if you can perform the essential functions of
the job.
-
You have the
right as an individual with a disability to request a reasonable
accommodation to enable you to apply for and carry out the essential
functions of the job.
AS AN APPLICANT
WITH A DISABILITY, YOU HAVE RESPONSIBILITIES:
§
You have
the responsibility to meet the minimum qualifications of the job for
which you are applying.
§
You have
the responsibility to be able to perform the essential functions of the
job.
§
If you
need a reasonable accommodation to enable you to apply for or carry out
the essential functions of the job, you must tell the employer you need
the accommodation.
§
If the
employer requests medical documentation for the need of an
accommodation, you must provide specific, relevant documentation.
Back to the top
THE HIRING PROCESS
JOB
DUTIES-Employer
AS
AN EMPLOYER, YOU HAVE RIGHTS
-
You initially decide what is an essential
function of the job.
-
You initially decide what is a marginal function
of the job.
-
You do not have to eliminate or reassign
essential functions of the job to accommodate a person with a
disability.
-
You do not have to change essential functions of
the job.
-
You are not required to have a written job
description.
AS
AN EMPLOYER, YOU HAVE RESPONSIBILITIES
-
You have the responsibility to provide a
reasonable accommodation so a person with a disability can apply
for and do the essential functions of the job.
-
You have the responsibility to eliminate or
reassign marginal functions as a reasonable accommodation to a
person with a disability.
TO
DETERMINE ESSENTIAL FUNCTIONS:
-
Is the function actually being performed?
-
Would removing the function
fundamentally alter the nature of the job?
-
Does the job exist to perform this function?
-
How
many employees are available to do this function?
-
Can
the function be redistributed to other positions without a problem?
-
Is
the function highly specialized?
-
What is the amount of time spent doing this function?
-
What are the terms of collective bargaining?
-
Have former employees in this job performed this function?
-
What is the job description?
-
What are the consequences of an employee in this position not performing this function?
Back to the top
THE HIRING PROCESS
JOB
DUTIES-Employee
AS
AN EMPLOYEE WITH A DISABILITY, YOU HAVE RIGHTS
-
You have the right to a reasonable accommodation
so that you can apply for and carry out the essential functions
of the job.
-
You have a right to the
elimination or reassignment of marginal functions of the job as
a reasonable accommodation.
AS
AN EMPLOYEE WITH A DISABILITY, YOU HAVE RESPONSIBILITIES
-
You must request a reasonable accommodation, if
you need it to apply for or carry out the essential functions of
the job.
-
You must provide specific, relevant medical
documentation of your need for a reasonable accommodation, if
the employer requests it.
-
You must be able to do the essential functions of
the job, with or without reasonable accommodation.
Job Descriptions:
-
The ADA does not
require that an employer have a written job description.
-
Written job
descriptions are considered evidence of essential functions, however.
-
Job descriptions are helpful to both the employer and
employee.
-
A job description can help determine what, if any,
accommodation is needed.
-
If an employer chooses not to have written
job descriptions, an individual should be informed of the essential
functions of the job.
Back to the top
THE HIRING PROCESS
RECRUITMENT-Employer
AS AN EMPLOYER,
YOU HAVE RIGHTS
-
You
can recruit employees for any job as long as recruitment does not
screen out or tend to screen out persons with disabilities.
-
You are
not required to undertake special activities to recruit persons with
disabilities.
AS AN EMPLOYER,
YOU HAVE RESPONSIBILITIES
-
You must provide persons with disabilities equal
opportunity to participate in the recruitment process.
-
You have the responsibility to ensure that
recruitment information is accessible to persons with
disabilities.
APPLICATIONS- Employer
AS AN EMPLOYER, YOU HAVE RIGHTS
-
You can ask
about specific experience, skills, and job requirements.
-
You can ask
for specific, relevant medical documentation, if a
person with a disability requests a reasonable accommodation to
apply for a job.
AS AN EMPLOYER, YOU HAVE
RESPONSIBILITIES
-
You must not
ask pre-employment medical inquiries on application forms.
-
You must
make applications accessible to persons with disabilities.
-
You must
provide reasonable accommodation to enable a person with a
disability to apply for a job.
Back to the
top
THE HIRING PROCESS
RECRUITMENT-Employee
AS
AN APPLICANT WITH A DISABILITY, YOU HAVE RIGHTS
-
You must be afforded an equal opportunity to
participate in the recruitment process.
-
You have the right to recruitment information
being accessible to you.
AS
AN APPLICANT WITH A DISABILITY, YOU HAVE
RESPONSIBILITIES
-
You have the
responsibility to seek out recruitment information.
APPLICATIONS-Employee
AS
AN APPLICANT WITH A DISABILITY, YOU HAVE RIGHTS
-
You can
request that applications be in an accessible format.
-
You can
request a reasonable accommodation to apply for the job
Be aware that
this requests allows the employer to ask for additional medical
information.
AS AN APPLICANT WITH
A DISABILITY, YOU HAVE RESPONSIBILITIES
-
You must
request the reasonable accommodation you need in order to apply
for a job.
-
You must
provide specific, relevant medical documentation for a
reasonable accommodation, if this is requested by an employer.
Back
to the top
THE HIRING PROCESS
JOB
INTERVIEWS-Employer
AS
AN EMPLOYER, YOU HAVE RIGHTS
-
You may ask if a person can perform essential
functions of the job.
-
You may ask how a person will perform essential
job functions.
-
You can ask a person to describe or demonstrate
how they will perform essential job functions.
-
You may ask about specific experience.
-
You may ask about other job requirements.
-
You may identify attendance needs and ask if an
applicant can meet attendance requirements.
-
You have the right to request specific, relevant
medical documentation if a person indicates a need for a
reasonable accommodation.
-
You can ask about marginal job functions.
AS
AN EMPLOYER, YOU HAVE RESPONSIBILITIES
-
You must focus on the ability of the applicant to
do the job and not on the disability of the applicant.
-
You must not make medical inquiries regarding a
person’s disability.
-
You must make job application and interview
facilities accessible to persons with disabilities.
-
You must provide a person with reasonable
accommodation in a job interview, when a person with a
disability requests this. You can require specific, relevant
medical documentation.
Interview
Guidelines
-
Ask only about
ability to do the job.
-
You can discuss essential and marginal job
functions.
-
You cannot ask about the disability.
-
You can ask how a
person would perform essential job functions.
-
You can ask if the
applicant can meet attendance expectations.
Back to the top
THE HIRING PROCESS
JOB
INTERVIEWS-Employee
AS
AN APPLICANT WITH A DISABILITY, YOU HAVE RIGHTS
-
You have the right to a reasonable accommodation
in the interview.
-
You have the right to discuss your job
qualifications and abilities.
-
You have the right to ask for a reasonable
accommodation to enable you to perform the essential functions
of the job.
-
An employer cannot ask you information about your
disability during a job interview.
AS
AN APPLICANT WITH A DISABILITY, YOU HAVE RESPONSIBILITIES
-
You have the responsibility to request a
reasonable accommodation, if you need it to apply for a job. Be
aware that this request allows the employer to ask for further
specific, relevant medical information.
-
You have the responsibility to request a
reasonable accommodation, if you need it during a job interview.
-
You have the responsibility to request a
reasonable accommodation, if you need it, to carry out the
essential functions of the job.
-
You have the responsibility to provide specific,
relevant medical documentation to an employer, if you are
requesting a reasonable accommodation and if the employer
requests the information.
Interviewing Tips:
-
Be aware that a
request for accommodation allows an employer to seek further
relevant information about your disability.
-
Focus on your ability to
do the job, not your disability.
-
If you need accommodations, be
prepared to identify your need.
-
If you need accommodations, help your employer
know the resources available.
Back to the top
THE HIRING PROCESS
MEDICAL
INQUIRIES-Employer
AS AN EMPLOYER, YOU HAVE RIGHTS
-
You may require
physical agility testing, as long as it is job related and requested
of all applicants in that job classification.
-
You may require a
post-offer medical exam, as long as this is applied uniformly to all
employees and the exam is job related and consistent with business necessity.
-
You may offer a job, subject to the results of a
post-offer medical exam.
-
You may require drug testing.
-
You may refuse
to assign or hire an individual with specific communicable diseases
in a food handling operation.
-
You may refuse to hire a person with a
disability that poses a direct threat to the health or safety of
others.
-
You may refuse to hire a person with a disability that poses
a direct threat to the health or safety of themselves.
-
You may
prohibit illegal use of drugs in the workplace.
-
You may prohibit use
of alcohol in the workplace.
-
You may require periodic medical exams
to determine if employees meet standards required by law. Exams
must be job related and consistent with business necessity.
-
You may
conduct voluntary medical exams as part of an employee health plan.
-
You can require a current employee to submit to a medical exam,
as long as the exam is job related and necessary for business.
-
You
may make medical inquiries regarding workers’ compensation history,
after making a conditional job offer.
-
You may refuse to hire or may
fire a person who knowingly provides a false answer to a lawful
post-offer inquiry about his/her condition or workers’ compensation
history.
ADA & Workers’ Compensation:
-
Employers may not inquire into an applicant’s Workers’ Compensation
history.
-
After making a conditional offer of employment, an employer may make
medical inquiries regarding Workers’ Compensation history in medical
inquiry or examination, as long as the same information is required
of all applicants in that category and is not used to discriminate.
-
An
employer cannot reject an applicant after learning of a Workers’
Compensation history based solely on that information.
Back to the top
AS AN EMPLOYER, YOU HAVE RESPONSIBILITIES
-
You cannot ask an applicant about the disability,
the nature or severity of a disability, or the duration of the
disability or illness.
-
You cannot require a medical exam before making a
job offer.
-
You must ensure that medical exams are job
related and necessary for business.
-
You cannot retract a job offer on the results of
the medical exam, unless the results indicate the individual
cannot do the job (with or without reasonable accommodation).
-
You must show that a reasonable accommodation was
not available, if you refuse to hire a person with a disability
as the result of a post offer medical exam.
-
You cannot refuse to hire or retain a person with
disability on the basis of stereotypes or fear.
-
You cannot refuse to hire or retain a person on
the basis of something that may happen in the distant future,
including an increase in workers’ compensation costs.
-
You must keep all medical information
confidential.
-
You must keep medical information in a separate file.
-
You cannot refuse to hire a person with a
disability on the basis of previous workers’ compensation
claims.
-
You can request medical documentation for
reasonable accommodation. The request for information should be
specific and relevant to the need for an accommodation.
Direct threat to health and safety:
-
A
specific, significant risk of substantial harm.
-
Identify duration, nature and severity of risk and likelihood of harm.
-
Risk documented by medical and factual evidence.
-
Risk not speculative or remote.
-
Risk not eliminated or reduced by reasonable accommodations.
Back to the top
THE HIRING PROCESS
MEDICAL
INQUIRIES-Employee
AS AN EMPLOYEE WITH A DISABILITY, YOU HAVE RIGHTS
-
An employer cannot ask about your disability
before offering you a job unless you introduced the discussion
first.
-
An employer cannot ask about the nature, the
severity or the duration of a disability.
-
An employer cannot ask you about workers’
compensation history before offering you a job.
-
You have the right to medical information being
kept confidential.
-
You have the right to medical information being
kept in a separate file.
-
You cannot be required to take a medical exam
before an offer of a job is made. The post-offer medical exam
must be job related and consistent with the needs of the
business.
-
You cannot be rejected from a job on the basis of
a post-offer medical exam, unless you cannot do the essential
functions with or without reasonable accommodation or you pose a
direct threat to the health and safety of others or yourself.
-
You have the right to a reasonable accommodation,
if a post-offer medical exam determines you cannot do the
essential functions without accommodation.
-
You cannot be rejected from a job based solely on
previous workers’ compensation claims.
Summary:
-
No
pre-offer medical examination or inquiry.
-
Job
offer may be conditional on results of a post-offer medical
examination.
-
Refusal to hire based on a medical examination must be job related
and necessary for business.
-
Employer must show reasonable accommodation was not available or
posed an undue hardship or direct threat to health and safety.
-
Medical information must be kept confidential and in separate files.
-
Medical information should be specific and relevant to the
business
necessity.
-
The
employee cannot be required to sign a general waiver.
-
Back to the top
AS AN EMPLOYEE WITH A DISABILITY, YOU HAVE
RESPONSIBILITIES
-
An employer may require you to have periodic
medical exams to determine if you meet specific job standards
required by law.
-
You must submit to a post offer medical exam, if
the employer requires this of all employees in that job category
and it is job related.
-
You must provide accurate information in the post
offer medical exam.
-
An employer can require you to take a physical
agility test, as long as the test is job related and requested
of all applicants in that job classification.
-
An employer can require you to take drug testing.
-
An employer can refuse to hire you if a post
offer medical exam shows that you pose a direct threat to the
health and safety of others or a direct threat to yourself and
no reasonable accommodation will reduce or eliminate that
threat.
-
An employer can refuse to hire you, if a post
offer medical exam shows that you cannot do the essential
functions of the job and no reasonable accommodation is
available.
ADA and Family Medical Leave Act (FMLA)
-
FMLA is available to individuals who are very sick and unable to
work or to those with a spouse or child or parent that is very sick
and needs your care. Very sick means requiring hospital care or
continuing medical
treatment.
-
FMLA covers individuals who have worked for the same employer for at
least 12 months, have worked at least 1,250 hours during that 12
months, and work for a public agency or a company with at least 50
employees (at either the same location or within a 75 mile radius).
-
If
you are qualified, you are entitled to take a total of 12 weeks off
work without pay within each one-year period (or with pay if your
company provides it) and to keep any health insurance you already
had during that 12 weeks.
-
If
you are qualified, you also get your old job back or a job with
equal pay, status and benefits, when you return.
-
Your employer may require medical documentation to determine
eligibility for FMLA.
Back to the top
THE HIRING PROCESS
REFERENCE CHECKS-Employer
AS AN EMPLOYER, YOU HAVE RIGHTS
-
You may ask
about job functions and tasks performed.
-
You may ask
about quality and quantity of work.
-
You may ask
about time records and other job related issues.
AS AN EMPLOYER, YOU HAVE RESPONSIBILITIES
-
You cannot ask about illness, sick leave, medical
issues or disability.
-
You cannot ask about workers’ compensation
claims. Back to
the top
THE HIRING PROCESS
REFERENCE
CHECKS-Employee
AS AN APPLICANT WITH A DISABILITY, YOU HAVE RIGHTS
-
You have the right that only job related
questions be asked in reference checks.
AS AN APPLICANT
WITH A DISABILITY, YOU HAVE RESPONSIBILITIES
-
You have the responsibility to provide references
when requested.
Back to the top
THE HIRING PROCESS
TESTING-Employer
AS AN EMPLOYER,
YOU HAVE RIGHTS
-
You have the
right to test to determine job qualifications.
-
You are not
required to offer a reasonable accommodation in testing, unless
requested by a person with a disability.
AS AN EMPLOYER, YOU HAVE RESPONSIBILITIES
-
You have the responsibility to make testing
accessible to persons with disabilities.
-
You have the responsibility to use testing that
reflects skills and aptitudes rather than impaired skills.
-
You have the responsibility to provide reasonable
accommodation in testing when requested by a person with a
disability.
-
You must ensure that testing which screens out or
tends to screen out persons with disabilities is job related and
consistent with business necessity.
Back to the top
THE HIRING PROCESS
TESTING-Employee
AS AN APPLICANT WITH
A DISABILITY, YOU HAVE RIGHTS
§
You
have the right to have testing made accessible to you.
§
You
have the right to request a reasonable accommodation to participate
in employment testing.
§
You
have the right to testing that focuses on abilities rather than
disabilities.
AS AN APPLICANT
WITH A DISABILITY, YOU HAVE RESPONSIBILITIES
-
You have the responsibility to request a
reasonable accommodation, if you need it, to take employment
testing.
-
You have the responsibility to provide specific,
relevant medical documentation of the need for reasonable
accommodation in testing, if the employer requests this
information.
Back to the top
THE HIRING PROCESS
HIRING-Employer
AS AN EMPLOYER, YOU HAVE RIGHTS
-
You have the
right to choose the most qualified person for the job.
-
You do not have
to give preference to a person with a disability over a more
qualified individual.
-
If a person with
a disability cannot perform the essential functions of the job
(with or without accommodation), that person is not qualified
for the job.
AS AN EMPLOYER,
YOU HAVE RESPONSIBILITIES
-
You have the responsibility to consider a person
with a disability when that person is qualified for the job.
-
You cannot consider the relative cost of a
reasonable accommodation as a factor in the hiring decision or
in the level of starting wage.
-
You cannot eliminate a qualified person with a
disability solely on the basis of a disability.
-
You cannot eliminate a qualified person with a
disability on the basis of the cost of an accommodation, unless
it poses an undue hardship.
-
You cannot base a hiring decision on the
elimination of a marginal function of the job to accommodate a
person with a disability.
-
You cannot use another agency to avoid your ADA
hiring responsibilities.
Tips for hiring authorities:
-
Ask
the same questions of everyone.
-
Concentrate on ability not disability.
-
Make hiring decisions based on the applicant’s ability to do the
essential functions of the job.
-
Be
open and flexible.
-
Ask
yourself if you are making a decision based on the disability.
-
Be
honest.
-
Do
not discriminate.
Back to the top
THE HIRING PROCESS
HIRING-Employee
AS A PERSON WITH A DISABILITY, YOU HAVE RIGHTS
-
You have the right to be considered for any job
for which you are qualified.
-
You have the right to a reasonable accommodation
to enable you to carry out the essential functions of the job.
-
An employer cannot consider the cost of the
reasonable accommodation in the final hiring decision.
-
An employer cannot eliminate you from hiring
consideration because you ask for a reasonable accommodation.
-
An employer cannot eliminate you from hiring
consideration because you cannot perform marginal functions of
the job.
AS AN EMPLOYEE
WITH A DISABILITY, YOU HAVE RESPONSIBILITIES
-
You must be qualified for the job for which you
are applying.
-
You must be able to carry out the essential
functions of the job, with or without reasonable accommodation.
-
An employer does not have to hire you over a
person who is more qualified.
Tips for applicants:
-
Be
prepared.
-
Be
honest.
-
Know your abilities and qualifications.
-
Become familiar with the company where you want to work.
-
Know what the company products and services are.
-
Know something about the requirements of the job you are seeking.
-
Ask
for information.
-
Be
interested.
Back to the top
THE HIRING PROCESS
REASONABLE
ACCOMMODATION-Employer
AS AN EMPLOYER,
YOU HAVE RIGHTS
-
You do not have to provide an accommodation for a
person with a disability if it poses an undue hardship* for you.
-
You do not have to provide an accommodation to a
person with a disability, if the person with a disability does
not ask for
one.
-
You do not have to eliminate essential functions
of the job to accommodate a person with a disability.
-
You can ask for specific and relevant medical
proof to justify the need for an accommodation for a person with
a disability.
-
You do not have to lower production standards as
a reasonable accommodation.
-
You can suggest accommodations, but you do not
have to research for an accommodation.
-
You can choose any accommodation, as long as it
is effective. You do not have to choose the first or most
expensive accommodation.
-
You do not have to provide an accommodation to an
individual with a disability that is not otherwise qualified.
-
You do not have to supply personal use items
(such as eyeglasses or wheelchairs) as an accommodation.
-
You do not have to provide accommodation, if no
disability is known.
*Undue
Hardship:
-
Definition:
“extensive, substantial, disruptive or fundamentally alters the
nature or operation of the business”.
-
Factors determining undue
hardship include:
-
nature and cost of the accommodation
-
overall financial resources of the employer
-
overall financial resources of the parent company
-
impact of the accommodation on the operation
Back to the top
THE HIRING PROCESS
AS AN EMPLOYER, YOU HAVE RESPONSIBILITIES
-
You must
consider a reasonable accommodation for a person with a
disability when such an accommodation enables the person to
carry out the essential functions of the job.
-
You must
provide reasonable accommodation when requested to enable a
person with a disability to participate in the application
process.
-
You must
provide a reasonable accommodation to enable a person with a
disability to participate in an interview.
-
You must
provide a reasonable accommodation to enable a person with a
disability to participate in employer sponsored activities.
-
You may not
force an individual with a disability to accept an
accommodation, if that person did not request or need an
accommodation.
-
You must be
able to document an accommodation causes you undue hardship, if
you choose not to provide the accommodation.
-
You must
consider alternatives resources (such as tax incentives) before
claiming an accommodation causes undue hardship.
-
You can
permit an individual to share the cost of an accommodation, if
this is undue hardship for you. You cannot ask the person to
share the cost or pay for the accommodation.
Examples of
reasonable accommodations:
-
Making
facilities accessible.
-
Making written
or oral communications accessible.
-
Changing how or
when an essential function is done.
-
Eliminating
marginal job functions.
-
Restructuring a
job.
-
Reassigning an
individual to a vacant position.
-
Providing
flexible leave policies.
-
Modifying work
schedules.
-
Using assistive
technology.
-
Modifying exams,
policies, training materials.
-
Providing
qualified readers or interpreters.
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THE HIRING PROCESS
REASONABLE
ACCOMMODATION-Employee
AS AN EMPLOYEE
WITH A DISABILITY, YOU HAVE RIGHTS
-
You have the right to a reasonable accommodation
that will enable you to apply for a job.
-
You have the right to a reasonable accommodation
to a job interview.
-
You have the right to a reasonable accommodation
to help you carry out the essential functions of the job.
-
You have a right to a reasonable accommodation
that will enable you to participate in employer sponsored
activities.
-
You have the right to a reasonable accommodation
in testing.
AS AN EMPLOYEE
WITH A DISABILITY, YOU HAVE
RESPONSIBILITIES
-
You must request the accommodation if you
need one.
-
You must provide specific, relevant
medical documentation to your employer about the need for an
accommodation, if your employer requests this.
-
The employer does not have to provide an
accommodation, if it poses an undue hardship.
-
You have the responsibility to identify the
accommodation you need.
-
You have the responsibility to maintain
production standards determined by the employer.
-
You have the responsibility to carry out all
essential functions with or without reasonable accommodation.
About determining reasonable accommodations:
-
The
employer and employee should work together to determine an effective
accommodation.
-
The
employee should provide information that is helpful to the employer
in determining the type of accommodation that will allow the
employee to do the job effectively.
-
The
employee should be aware that the request for the accommodation
allows the employer to ask further questions about the disability.
-
All
specific, relevant medical information that is obtained to determine
the appropriate accommodation must be filed in a separate file from
the personnel files.
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ON
THE JOB
ATTENDANCE AND
LEAVE-Employer
AS
AN EMPLOYER, YOU HAVE RIGHTS
-
You have the
right to expect regular attendance.
-
You have the
right to uniformly request medical proof for employee
absence.
-
You have the
right to set work schedules that work for your company.
-
You have the
right to apply your leave and attendance policies consistently
to similarly situated employees.
-
You have the
right to deny an accommodation in scheduling or attendance
requested by an employee with a disability, if it poses an undue
hardship for you.
AS AN EMPLOYER, YOU HAVE RESPONSIBILITIES
-
You must consider modified work schedule as a
reasonable accommodation when requested by a person with a
disability and when it is not an undue hardship for you.
-
You must consider change in scheduling,
attendance or leave as a reasonable accommodation, when
requested by an employee with a disability, and if the change is
not an undue hardship.
-
You must treat each employee with a disability on
an individual basis when determining a reasonable accommodation.
-
You must be able to document that the
accommodation requested by a person with a disability poses an
undue hardship.
Back to the top
ON
THE JOB
ATTENDANCE AND
LEAVE-Employee
AS AN EMPLOYEE WITH A DISABILITY, YOU HAVE RIGHTS
-
You have the right to request a modification of
attendance or leave, if this is a reasonable accommodation and
it does not pose an undue hardship for the employer.
-
You have the right to request a change in
scheduling, if that will enable you to carry out the essential
functions of your job and that does not pose an undue hardship
for your employer.
AS AN EMPLOYEE
WITH A DISABILITY, YOU HAVE RESPONSIBILITIES
-
You must meet the attendance requirements of your
job.
-
If you need a change in attendance or leave
requirements as a reasonable accommodation, you must request
this of your employer.
-
You must provide specific, relevant medical
documentation to your employer (if the employer requests it)
regarding a need for change in attendance, leave or scheduling.
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ON
THE JOB
PERFORMANCE-Employer
AS
AN EMPLOYER, YOU HAVE RIGHTS
-
You have the right to set performance standards
for a job and for your company.
-
You have the right to require employees meet
production standards.
-
You have the right to require employees meet
performance standards.
-
You have the right to require employees meet
standards of conduct.
-
You have the right to review and evaluate the
performance of your employees.
-
You do not have to lower production standards as
an accommodation to a person with a disability.
-
You can hold current users of alcohol or illegal
drugs to the same standards of performance and conduct as other
employees.
AS
AN EMPLOYER, YOU HAVE RESPONSIBILITIES
-
You must convey production and performance
standards clearly to employees.
-
You must provide a reasonable accommodation to an
employee with a disability to enable them to meet performance
and production standards (when requested by the employee).
-
You cannot have separate or higher performance
standards for persons with disabilities.
Back to the top
ON
THE JOB
PERFORMANCE-Employee
AS
AN EMPLOYEE WITH A DISABILITY, YOU HAVE RIGHTS
-
You have the right to a reasonable accommodation
to enable you to meet performance standards of your employer.
-
You have the right to a reasonable accommodation
to enable you to meet production standards of your employer.
-
You have the right to have your performance
reviewed and evaluated based on performance.
AS
AN EMPLOYEE WITH A DISABILITY, YOU HAVE RESPONSIBILITIES
-
You must meet the performance standards
established by your employer.
-
You must meet the production standards
established by your employer.
-
You must meet the standards of conduct required
by your employer.
-
If you need a reasonable accommodation to meet
the performance standards, you must request the employer to
provide the accommodation.
-
If you need a reasonable accommodation to meet
production standards, you must request that your employer
provide the accommodation.
-
You must provide specific, relevant medical
documentation of the need for an accommodation, if your employer
requests this.
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ON
THE JOB
COMPENSATION-Employer
AS
AN EMPLOYER, YOU HAVE RIGHTS
-
You can establish the compensation for jobs
within your company.
-
If an employee with a disability is reassigned to
a part time position as a requested reasonable accommodation,
you can pay the employee the rate for the part time job.
-
If an employee with a disability is assigned to a
lower paying position as a requested reasonable accommodation,
you can pay the employee the lower rate for that job.
AS
AN EMPLOYER, YOU HAVE RESPONSIBILITIES
-
You cannot reduce the pay of an employee with a
disability because you have had to eliminate marginal job
functions as a reasonable accommodation.
-
You cannot reduce the pay of an employee with a
disability because of the cost of an accommodation.
-
You must provide your employees with disabilities
with equal compensation of any other similarly situated employee
in a job category.
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ON
THE JOB
COMPENSATION-Employee
AS AN EMPLOYEE
WITH A DISABILITY, YOU HAVE RIGHTS
-
You have the
right to equal compensation of any other similarly situated
employee in your job category.
-
You cannot have
your pay reduced because a marginal job function has been
eliminated.
-
You cannot have
your pay reduced because of the cost of a
reasonable accommodation.
AS
AN EMPLOYEE WITH A DISABILITY, YOU HAVE RESPONSIBILITIES
-
You have the responsibility to meet the
expectations of your job.
-
You are not required to but you can choose to pay
for an accommodation or share the cost of an accommodation.
-
If you are reassigned to a part time position as
a requested reasonable accommodation, your employer can pay you
the rate for the part time job.
-
If you are assigned to a lower paying position as
a requested reasonable accommodation, your employer can pay you
the lower
