Welcome to training on the Americans with Disabilities Act ... · Audio Script: The ADA protects...

Americans with Disabilities Act (ADA) Computer Assisted Training

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Slide 1 - Welcome

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Welcome to training on the Americans with Disabilities Act, and how it applies to child welfare personnel, presented by the Indiana Department of Child Services.


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Slide 2 - Objectives

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The goals of this training are:

To explain the primary purpose of, who is protected by and who must comply with the Americans with Disabilities Act, also known as the ADA.

To explain the obligation of employers to provide a reasonable accommodation to individuals with disabilities, and what is meant by the term reasonable.

To define the terms qualified individual with a disability, essential functions, and undue hardship.

To identify the supervisors responsibilities for addressing disabilities, and providing reasonable accommodations to those with disabilities, and;

To address the applicability of the ADA as it applies to child welfare services.


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Slide 3 - Americans with Disabilities Act (ADA) Facts

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The ADA, originally enacted in 1990, is built upon the foundation laid by Section 504 of the Rehabilitation Act. The Rehabilitation Act required federal contractors to take affirmative action to employ and promote qualified persons with disabilities. Specifically, Section 504 requires employers to make reasonable accommodations, and make goods and services available to people with disabilities. The ADA prohibits discrimination in employment, housing, public accommodations, transportation, telecommunication, and access to public services. It uses Section 504’s definition of disability as its model, but goes a step further. Whereas section 504 only applies to entities receiving federal funds, the ADA covers all state and local governments, regardless of whether they receive federal funds and private businesses that meet the ADAs definition of public accommodation. This includes restaurants, hotels, movie theaters, doctors’ offices, and a number of other commercial facilities such as office buildings, factories, warehouses, and the offices of many private employers.


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Slide 4 - Title I of the ADA

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Title I of the ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. Some examples of the type of discrimination covered by Title I include limiting an employee in a way that adversely impacts employment opportunities for the employee because of his or her disability, such as refusing to offer an employee an opportunity to apply for or receive a promotion, because as the manager you are afraid that the additional work hours or job duties may be too much for a person suffering from a particular impairment to handle, and refusing to make reasonable accommodations for an individual with a disability. Generally, if an individual indicates that they need an accommodation due to a disability to successfully do their job, and you do not at least engage in an interactive discussion with that individual to determine what it is they are requesting, what limitations they are experiencing, and whether or not what they are requesting is reasonable based on business operations, the Department of Child Services may be risking liability for disability discrimination.


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Slide 5 - Title II of the ADA

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Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. A state or local government must eliminate any eligibility criteria for participation in programs, activities, and services that screen out, or tend to screen out persons with disabilities unless it can establish that the requirements are necessary for the provision of the service, program, or activity. Examples of ways in which Title II impacts DCS include implementing eligibility criteria or otherwise limiting an individual in a way that adversely impacts foster parenting opportunities because of his or her disability. For example, refusing to offer an individual an opportunity to apply for, or receive a foster parent license because of concerns that the responsibilities may be too much for them to handle could cause DCS to be liable for disability discrimination under Title II. Potential foster parents must comply with several requirements, including training, in order to obtain a foster parent license. The criteria established for this licensing process cannot discriminate against individuals based upon a disability which with accommodation could meet all requirements. Remember that many individuals with disabilities are parents, adequately and appropriately raising their children without any contact with the child welfare system. DCS is required to provide foster parent training that is accessible to all individuals, regardless of disability.


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Slide 6 - Who is Covered by the ADA?

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The ADA protects qualified individuals with disabilities from discrimination on the basis of their disability. To determine whether an individual qualifies for protections under the ADA, it is necessary to understand the specific definitions of disability, and qualified individual with a disability. Making this determination must be based on a case by case analysis of the facts surrounding a particular situation.


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Slide 7 - What is a Disability?

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Under ADA, an individual is considered to have a disability if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment. Part one protects individuals who are substantially limited in major life activities such as hearing, seeing, speaking, walking, breathing, performing manual tasks, or caring for oneself. The second and third parts of the definition cover persons who may not have an impairment that substantially limits a major life activity, but who have a history of, have been misclassified as having, or who are perceived as having such a substantially limiting impairment. These parts of the definition reflect a recognition that stereotyped assumptions about what constitutes a disability, and unfounded concerns about the limitations of individuals with disabilities can form major discriminatory barriers.


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Slide 8 - What is an Impairment? 1

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Impairments are defined as physiological or mental disorders. Physical characteristics such as hair color or lefthandedness, and physical conditions that are not the result of a physiological disorder, such as pregnancy, are not considered to be impairments. It is important to note that not all impairments are disabilities. In order for an impairment to qualify as a disability, it must substantially limit a major life activity. Some impairments fall into a gray area, where they can be qualified disabilities in some cases, but not in others. For example, stress. General stress is not an impairment, however a stress disorder diagnosed by a psychiatrist may be considered a disability. Depression and migraine headaches are other examples.


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Slide 9 - What is an Impairment? 2

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Neither the ADA, nor the Equal Employment Opportunity Commission regulations list the specific diseases or conditions that are considered impairments. Some common impairments are displayed on your screen. This is only a sample listing, and must be viewed in terms of the major life activities which are substantially limited by the impairment. The determination of whether or not an impairment is a qualified disability, as defined by the ADA, should be based on an analysis of all the factors included in the definition of disability. For example, does the condition constitute a physical or mental impairment that substantially limits a major life activity?


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Slide 10 - Excluded Conditions

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The ADA does list a number of specific conditions that are excluded from protection as disabilities. Please review the list of excluded conditions, and then click continue.


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Slide 11 - Major Life Activity

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As previously mentioned, an impairment is only considered a disability if it limits a major life activity. The term major life activity refers to activities that the average person can perform with little or no difficulty. Historically, in determining whether disability discrimination occurred, much emphasis was placed on whether or not a condition substantially limited an individual in performing a major life activity such that it met the ADAs definition of a disability. As a result, the courts have sometimes denied protection from discrimination to individuals with conditions such as epilepsy, diabetes, heart conditions, and cancer. Amendments have been passed that provide a broader interpretation of the term disability to ensure coverage for individuals with those and other conditions. As a result, many individuals who were not previously protected may now be considered to have a disability.


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Slide 12 - Qualified Individual

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Only qualified individuals with disabilities are covered by the ADA. In the employment context, EEOC regulations define such a person as an individual with a disability who satisfies the requisite skill, experience, education, and other job related requirements of the position, and who, with or without reasonable accommodation, can perform the essential functions of the position. Having an impairment that substantially limits a major life activity may mean that a person has a disability, but they must be otherwise qualified for the position in order to be entitled to protections under ADA. With regard to foster parent licensing, in order for the individual to be protected under ADA, he or she must be able to satisfy the skills and eligibility requirements necessary to obtain the foster parent license with or without reasonable accommodation. For example, a potential foster parent must be able to provide appropriate transportation for foster children in his or her care, even if that individual must use an accessible van, or rely on a driver for transportation. As long as the foster parent has means for providing transportation, then they satisfy that particular requirement.


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Slide 13 - Essential Functions

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EEOC regulations define essential functions as the fundamental job duties of the position. Identifying the essential functions of a job is critical in evaluating whether a person with a disability is qualified for the position. Essential job functions should be based on the existing tasks that an incumbent performed, not after an individual with a disability applies for the position. While an employer is free to make adjustments to the responsibilities of a position, such changes must be based on a legitimate business need, and should not be arrived at during the applications process. While the ADA does not require a written job description, it is extremely helpful in identifying the essential functions of a given position.


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Slide 14 - Licensing Eligibility Requirements

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Just as there are essential functions for an employment position, there are essential foster parent licensing eligibility requirements. In order to become a licensed foster parent, individuals must be able to comply with all statutory rules related to providing for the physical, emotional, and educational needs of the children in their care. In the foster parent licensing arena, essential functions should be determined during pre-licensing, or at the time of a child placement. Potential foster parents must be able to meet these eligibility requirements with or without a reasonable accommodation, in order to be granted a license.


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Slide 15 - Reasonable Accommodation 1

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The ADA requires public entities like DCS to reasonably modify policies, practices, or procedures to avoid discrimination.


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Employers must provide a reasonable accommodation to the known physical or mental limitations of a qualified applicant or employee with a disability, unless they can show that the accommodation would impose an undue hardship. The obligation to provide a reasonable accommodation applies to all aspects of employment. A reasonable accommodation is any change or adjustment to a job, the work environment, or the way things are usually done that would allow a person to apply for a job, perform essential job functions, or to enjoy equal access to benefits available to other individuals in the workplace. Examples may include installing wheelchair ramps, modifying a workspace, providing sign language interpreters for people who are deaf, or readers for people who are blind. Employees do not need to specifically request a reasonable accommodation, but need only to indicate to their supervisor that a change is needed to do the job because of limitations caused by a disability. At that point, the supervisor is obligated to engage in an interactive discussion with the employee about what type of accommodation the employee is requesting.


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Audio Script:

DCS must provide reasonable accommodations for qualified individuals with disabilities who wish to become foster parents. For deaf or hearing impaired individuals there are numerous types of accommodations, including sign language interpreters for meetings and appointments, notes for short conversations or an emergency, and lip reading. Some hearing impaired or deaf individuals can read lips so workers should make sure they are facing the individual when speaking. Another area of accommodation is assistive technology. Assistive Technology includes alerting devices, which use flashing lights or vibrations, to alert parents with a hearing impairment to various environmental sounds. Some devices respond to one specific signal, such as a doorbell, and other devices respond to a variety of signals, such as the ringing of a doorbell or telephone, the cry of a baby, or the sound of an alarm clock or fire alarm. Some of these systems will even work with existing wiring in the home, making additional wiring unnecessary.


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Audio Script:

There are a number of telecommunication devices available that can assist with providing reasonable accommodations, including amplified ringers, and TTY devices. A text telephone device, or TTY, has a keyboard with a visual display that allows people to communicate with each other over the telephone lines by typing, and reading their conversations. With the appropriate software and equipment, computers can also function as TTYs. Portable and wireless TTYs are also available. Other telecommunications devices include voice carry over, or VCO telephones, for people who are unable to hear over the telephone but prefer to use their voice to communicate, or an infrared system which transmits sound using light beams.


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Slide 19 - What is an Undue Hardship? 1

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Employers are not required to provide a reasonable accommodation if they can prove that providing such an accommodation will impose an undue hardship on the operation of the business. Undue hardship is defined by the ADA as an action that is excessively costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of the business. In determining undue hardship, factors to be considered include the nature, and cost of the accommodation in relation to the size, the financial resources, the nature and structure of the employers operation, as well as the impact of the accommodation on the specific facility providing the accommodation. This decision comes after talking with the employee or a potential foster parent about types of reasonable accommodations they are requesting, and after consulting an HR representative. With regard to the provision of programs and services, if a public entity like DCS can show that a particular modification would fundamentally alter the nature of a particular program, service, or activity, it is not required to make the modification. In addition, public entities may adopt legitimate safety requirements necessary for the safe operation of the program or service if they are based on real risks, and not just on stereotypes or generalizations about individuals with disabilities.


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Slide 20 - What is an Undue Hardship? 2

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Employers are not required to provide a reasonable accommodation if they can prove that providing such an accommodation will impose an undue hardship on the operation of the business. Undue hardship is defined by the ADA as an action that is excessively costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of the business. In determining undue hardship, factors to be considered include the nature, and cost of the accommodation in relation to the size, the financial resources, the nature and structure of the employers operation, as well as the impact of the accommodation on the specific facility providing the accommodation. This decision comes after talking with the employee or a potential foster parent about types of reasonable accommodations they are requesting, and after consulting an HR representative. With regard to the provision of programs and services, if a public entity like DCS can show that a particular modification would fundamentally alter the nature of a particular program, service, or activity, it is not required to make the modification. In addition, public entities may adopt legitimate safety requirements necessary for the safe operation of the program or service if they are based on real risks, and not just on stereotypes or generalizations about individuals with disabilities.


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Slide 21 - Your Responsibilities

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If a client, foster parent, potential foster parent, or subordinate, makes comments to you which indicate that they may need a reasonable accommodation due to an impairment, you should engage in an interactive discussion about what type of accommodation the individual is requesting, and consult with your supervisor to determine whether DCS is obligated to provide such an accommodation under ADA.


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Slide 22 - Final Notes on the ADA

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Slide 23 - Questions

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Slide 24 - Test Your Understanding

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Slides 25-34 (Quiz)

Slide 35 - Thank You

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Date post:	03-Aug-2020
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Welcome to training on the Americans with Disabilities Act ... · Audio Script: The ADA protects...

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