March 2013 CLE Workshop: Getting Practical: ADA and

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GETTING PRACTICAL
ADA AND ACCOMMODATION
ISSUES ON CAMPUS
Michael C. Harrington, Esquire
Murtha Cullina LLP
Laura Rothstein, Professor
University of Louisville
Susan Wheeler, Esquire
James Madison University
1.
2.
3.
Federal and/or State Law
Interactions with other laws, such as FMLA,
Fair Housing Act, etc.
Who is Disabled?

4.
The 2008 ADA Amendments have opened issues
previously settled.
What is a reasonable accommodation?


New technology?
Is the person a direct threat?
2
Elements of a Disability/Reasonable
Accommodation Claim
1.
Is the person legally disabled?


2.
3.
Federal Law?
State Law?
If so, engage in an “interactive process” to
discuss whether a reasonable accommodation
can be provided.
Provide a reasonable accommodation, unless
to do so creates an “undue hardship.”
3
Who Is Legally Disabled?

Federal Law
ADA with the 2008 Amendments
 Rehabilitation Act
 Fair Housing Act


State Law
4
Perceived Disability
5
Second Chance
6
Direct Threat
To self?
 To others?
 Accommodation eliminates threat?
 Perceived?
 Focus on objective behaviors.

7
Requesting An Accommodation
What is your policy/procedure?
 Who is involved?
 Where is it published?
 Are Supervisors/Faculty trained?

8
Essential Job Functions
Person must be qualified
 So what is “qualified”?

9
The Interactive Process
Dialogue…two-way conversation.
 Open Mind!
 Problem Solving Mode.

10
Common Accommodations
Admissions Process
 Examination Procedures/Additional Time
 Modification of Deadlines
 Alternative/Flexible Work Schedules
 Relief from Non-Essential Job Functions
 Transfer to Alternative, Available Positions
 Auxiliary Aids/Services

11
Managing Under-Performing
Students/Employees
What are the specific issues?
 Has the student/employee
been put on notice?
 Documented?

12
Questions? Comments? Concerns?
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