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Reasonable Accommodation

Reasonable Accommodation. ADA and Employment A very brief overview of a few important concepts. Material provided by the The U.S. Equal Employment Opportunity Commission. Americans with Disabilities Act.

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Reasonable Accommodation

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  1. Reasonable Accommodation ADA and Employment A very brief overview of a few important concepts. Material provided by the The U.S. Equal Employment Opportunity Commission

  2. Americans with Disabilities Act • The Americans with Disabilities Act of 1990 (ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability. • If a person has a disability and are qualified to do a job, the ADA protects them from job discrimination on the basis of their disability.

  3. To Be Protected • To be protected under the ADA, you must have, have a record of, or be regarded as having a substantial impairment. • A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working.

  4. To Be Protected • If you have a disability, you must also be qualified to perform the essential functions or duties of a job, with or without reasonable accommodation, in order to be protected from job discrimination by the ADA.

  5. Who is Disabled? An individual with a disability is a person who: • Has a physical or mental impairment that substantially limits one or more major life activities; • Has a record of such an impairment; or • Is regarded as having such an impairment.

  6. Who is Qualified? • A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question.

  7. Who is Qualified? Must meet both requirements • You must satisfy the employer's requirements for the job, such as education, employment experience, skills or licenses. • Second, you must be able to perform the essential functions of the job with or without reasonable accommodation.

  8. Employer Requirements • An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business.

  9. Undue Hardship • Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.

  10. The Employer • When evaluating undue hardship needs to consider • Their own resources • Tax advantages • Third party funding • Agency assistance

  11. Reasonable Accommodation - Examples Reasonable accommodation may include, but is not limited to: • Making existing facilities used by employees readily accessible to persons with disabilities. • Job restructuring, modifying work schedules, reassignment to a vacant position; • Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.

  12. The Employer • Cost impact is judged not vs. salary of the employee (cost/benefit) but is based on the resources of the employer. • IS NOT REQUIRED to lower quality or productions standards • DOES NOT have to remove an essential job function to accommodate an individual

  13. The Employer • May choose between accommodations • Does not have to supply personal use items • Eyeglasses • Cane • Devices used on and off the job

  14. Visual Accommodations • Assistive Technology • Materials in accessible format • Modification of policies – allowing guide dog • Modification of employment tests • A reader • A driver • An accessible website • Modified work schedule

  15. Vision and the ADA • Must limit life activity to be covered • May include those with monocular vision • The use of devices, accommodations, or compensatory strategies DO NOT automatically exclude a person from coverage under the ADA

  16. We as Vision Professionals • Need to train clients in accessibility options • Need to train clients in their rights • Need to teach clients to advocate for their needs • Need to help students know what works • Need to expect performance

  17. We as Vision Professionals • Should not over-modify student’s work. By doing this we may - • Lower standards • Lower quality • Decrease their ability to produce • Lower expectations • Make the client unemployable

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