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Iowa Civil Rights Commission Disclaimer PowerPoint PPT Presentation

Iowa Civil Rights Commission Disclaimer The information contained in this presentation is a brief overview and should not be construed as legal advice or exhaustive coverage of the topic. DISABILITY DISCRIMINATION IN EMPLOYMENT What is it ? How do we prevent it ?

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Iowa Civil Rights Commission Disclaimer

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Iowa civil rights commission disclaimer l.jpg

Iowa Civil Rights CommissionDisclaimer

The information contained in this presentation is a brief overview and should not be construed as legal advice or exhaustive coverage of the topic.


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DISABILITY DISCRIMINATION IN EMPLOYMENT

What is it ?

How do we prevent it ?


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DISABILITY DISCRIMINATION

Occurs when a person with a disability is treated differently from a similarly-situated non disabled person with regard to:

- An employment decision

- Terms and conditions of employment

Because of that person’s disability


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DISABILITY DISCRIMINATION

Also occurs when an employer fails to provide a reasonable accommodation for an employee with a disability


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THE AMERICANS WITH DISABILITIES ACT ADA (1990)

Federal anti-discrimination law that prohibits discrimination, on the part of employers with 15 or more employees, against qualified persons with a disability in any aspect of employment practice


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WHO IS A PERSON WITH A DISABILITY ?

Someone who has significant difficulty performing a major life activity, ( 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.


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WHO IS A PERSON WITH A DISABILITY ?

Someone who has a past record of a disability or condition. The person may no longer have a difficulty, but had this in the past.


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WHO IS A PERSON WITH A DISABILITY ?

A person who is regarded or perceived as having a disability


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WHO IS A QUALIFIED PERSON WITH A DISABILITY ?

Someone who meets all of the following criteria:

  • Meets the definition of a person with a disability

  • Meets all the prerequisites for a job in terms of education, experience, or other requirements

  • Is able to perform the essential functions of the job, with or without a reasonable accommodation


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CONDITIONS WHICH ARE NOT CONSIDERED A DISABILITY

  • A temporary condition, not expected to be long-term, chronic or permanent

  • Personal characteristics: Left-handedness, height and weight within normal range.

  • Current illegal drug use

  • Sexual disorders

  • Compulsive gambling, kleptomania, pyromania


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REASONABLE ACCOMMODATIONS

Accommodations which make it possible for people with disabilities to be employed

and perform the essential functions of the job.


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REASONABLE ACCOMMODATIONS

Might include the following:

  • Modifying work hours or offering part time work

  • Buying or modifying equipment or devices

  • Changing job descriptions, especially with regard to minor job functions

  • Altering physical facilities to make them accessible and usable.


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WHAT IS NOT A REASONABLE ACCOMMODATION?

  • Lowering performance standards

  • Providing additional paid leave ( in contrast with providing unpaid leave )

  • Waiving warranted discipline, even if disability played a role in the conduct worthy of discipline

  • Removing or reallocating essential job fuctions

  • Creating a new position or bumping another employee to create a vacancy for reassignment.


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“UNDUE HARDSHIP”

  • Significant difficulty or expense in providing a reasonable accommodation

  • Factors to be considered:

    -Overall financial resources of employer

    -Type of operation

    -Number of employees

    -Impact of accommodation on the operation


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WHAT ARE ESSENTIAL JOB FUNCTIONS ?

Essential job functions are tasks that are fundamental , not marginal, to a job.


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DETERMINING ESSENTIAL JOB FUNCTIONS

  • Is the function actually being performed?

  • Would removing the function fundamentally alter the nature of the job?

  • Does the position exist to perform this job?

  • How many employees are available to do this job?

  • Is this function highly specialized?

  • Can the function be redistributed to another position without a problem?


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EMPLOYMENT CONSIDERATION

Employers are generally forbidden from considering medical diagnoses in either pre- or post-employment decision making. The employer must consider your current

ability rather than your diagnosis or any potential, real, or imagined future deterioration.


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Iowa Civil Rights Commission

211 East Maple Street, 2nd Floor

Des Moines, Iowa 50309

515-281-4121

800-457-4416 (toll free)

fax: 515-242-5840

website:www.state.ia.us/government/crc


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