Regarded as having a qualified disability

Report
NMSU RESPECTS
Office of Institutional Equity/EEO
ADA and ADAAA
The Americans with
Disabilities Act
What you should know
Office of Institutional Equity/EEO
ADA and ADAAA
Training etiquette:
 Please make sure all cell phone ringers, radios,
blackberries and iPhones are turned off when
possible
 Please keep side conversations to a minimum
 Please raise your hand to ask questions or offer
comments
Office of Institutional Equity/EEO
ADA and ADAAA
OIE/EEO overview:

Review and process EEO-based claims of discrimination and
harassment
1.
2.
3.
OIE investigates claims of discrimination
Presents the facts in a report to the Provost (or designee)
The Provost (or designee) makes the determination
 Serve as liaison with EEOC, NM HRB, OCR
 Initial point of contact for Employee ADA Petition for Accommodation
 Ensure implementation of NMSU’s Affirmative Action Plan
 Training
Office of Institutional Equity/EEO
ADA and ADAAA
OIE/EEO staff:
Gerard R. Nevarez, Executive Director
[email protected]
Angela M. Velasco
Associate Director
[email protected]
Agustin Diaz
Associate Director
[email protected]
Christina R. Gomez
Admin. Asst. Special/Executive
[email protected]
Senaida Collins
Admin. Asst. General
[email protected]
Office of Institutional Equity/EEO
ADA and ADAAA
OIE/EEO contact information:
Mailing Address
Physical Address:
NMSU-OIE/EEO
O’Loughlin House
P.O. Box 30001, MSC 3515 1130 E. University
Las Cruces, NM 88003
Las Cruces, NM 88003
Office Telephone
(575) 646-3635
TDD/TTY
(575) 646-7802
Office Email Address
[email protected]
Website
eeo.nmsu.edu
Internal-Department
MSC 3515
Office Fax
(575) 646-2182
Office of Institutional Equity/EEO
ADA and ADAAA
Objectives:
Gain a basic understanding of disabilities as they
relate to:
 the workplace
 the academic environment
 accessibility and facilities
Office of Institutional Equity/EEO
ADA and ADAAA
Disability Laws:

Americans with Disabilities Act of 1990 (ADA) as amended

Americans with Disabilities Act Amendments Act of 2008

Rehabilitation Act of 1973, Section 503, 504

NM Laws
Office of Institutional Equity/EEO
ADA and ADAAA
ADA background:

Became law in 1990, Amendments 2008

Eliminates discrimination against individuals with
disabilities (physical or mental)

Gives equal employment and educational opportunities to
qualified individuals with disabilities

Does not require employers to hire the disabled

Provides for a “reasonable accommodation” for an
individual with disability

Interaction with FMLA & Worker’s Comp
Office of Institutional Equity/EEO
ADA and ADAAA
Qualified disabled individuals:
 Meet a job’s skills, knowledge, abilities, experience
and other requirements
 Perform a job’s “essential functions” with or without
reasonable accommodation
Office of Institutional Equity/EEO
ADA and ADAAA
Disability definitions:
 A physical or mental impairment that substantially
limits one or more major life activities
 A record of such an impairment
 Being regarded as having such an impairment
Office of Institutional Equity/EEO
ADA and ADAAA
Disability must substantially limit a major life activity:
 Seeing, hearing, walking, learning, speaking,
sleeping, standing
 Permanent or long-term loss of use of arms or legs
 Visual, speech or hearing impairment, cancer, HIV,
cerebral palsy
Office of Institutional Equity/EEO
ADA and ADAAA
2008 Amendments (ADAAA):
 Major bodily functions (immune system, digestive,
bladder, respiratory)
 Mitigating measures excluded
 Episodic or in remission covered
 Broad coverage
 No extensive analysis is needed
Office of Institutional Equity/EEO
ADA and ADAAA
A record of a qualifying disability:
An employer cannot discriminate against someone with
a qualifying disability that is currently cured, controlled
or in remission
Examples: cancer, heart disease, mental illness
Office of Institutional Equity/EEO
ADA and ADAAA
Regarded as having a qualified disability:
Impairment not substantially limited, but treated that way.
Example:
Not wanting to give a person with controlled
high blood pressure a physically strenuous job.
Office of Institutional Equity/EEO
ADA and ADAAA
Regarded as having a qualified disability:
Impairment only substantially limited due to others
attitudes.
Example:
A person is not promoted because of a prominent
facial scar that makes others uncomfortable.
Office of Institutional Equity/EEO
ADA and ADAAA
Regarded as having a qualified disability:
No impairment, but treated as if impaired.
Example:
A person is fired because of a false rumor that
he/she is HIV
Office of Institutional Equity/EEO
ADA and ADAAA
Certain conditions are NOT disabilities:
 Sexual behavior
 Compulsive gambling, kleptomania, pyromania
 Illegal drugs
 Sprains, colds
 Personality traits (quick temper)
Office of Institutional Equity/EEO
ADA and ADAAA
Using acceptable language:
Treat individuals with courtesy and respect.
Office of Institutional Equity/EEO
ADA and ADAAA
Treating disabled individuals fairly & legally:
 Avoid employment discrimination
 Use objective factual evidence
 Medical information is confidential
 Supervisors do not make stray remarks
Office of Institutional Equity/EEO
ADA and ADAAA
Considerate interactions:
 Speech Impairment:
o Listen carefully and patiently; don’t interrupt
o Repeat and clarify
o Ask questions that can be answered with a nod or a short answer
 Hearing Impairment:
o Reduce background noise
o Speak slowly and clearly
o Use natural gestures and facial expressions
o Write down detailed or complex communications
o Learn basic sign language/hire an interpreter
Office of Institutional Equity/EEO
ADA and ADAAA
Considerate interactions:
 Visual Impairment:
o Identify yourself
o Address individuals by name
o Offer elbow ONLY if assistance is accepted
o Treat guide dog as assistant, not pet
 Limited Mobility:
o Sit down when talking to a person in a wheelchair
o Don’t lean on the wheelchair
o Keep aisles clear
o Hold meetings in accessible areas
Office of Institutional Equity/EEO
ADA and ADAAA
Service Animals:
When it is not obvious what service an animal provides, only limited inquiries are allowed.

Staff may ask two questions:
o Is the dog a service animal required because of a disability?
o What work or task has the dog been trained to perform?

Staff cannot ask:
o About the person’s disability.
o Require medical documentation.
o Require a special identification card or training documentation for the dog.
o The service animal demonstrate its ability to perform the work or task.

NMSU Policy 3.06 Assistive, Service and Companion Animals on University Premises
Office of Institutional Equity/EEO
ADA and ADAAA
Remember:
 Disabled individuals must meet workplace conduct standards
 Disabled students must meet the student code of conduct
standards
 Confidentiality is crucial
 What information is not to be shared
 Supervisors/Faculty/Staff should not have or request medical
information
Office of Institutional Equity/EEO
ADA and ADAAA
The Doctor is In
Janet is Dan’s supervisor. Dan is struggling with an extremely
difficult emotional situation at home. His wife is a severe alcoholic
prone to violent outbursts, and they have two small children. He
makes a habit of coming to see Janet when he is particularly
distraught, and he confides many of his personal problems to her.
These impromptu therapy sessions often last for hours, and he
repeatedly tells her how much he appreciates her support.
Question:
As Dan’s supervisor, what should Janet do?
Office of Institutional Equity/EEO
ADA and ADAAA
Too Sick to Work
Mary has disclosed she has been diagnosed with the early stages of multiple
sclerosis and that sometimes she tires more easily than usual. You have noticed
that Mary’s job performance is suffering; deadlines are not being met, she is late
frequently and her work contains frequent errors.
In light of these performance problems, you schedule a meeting with Mary. At
the meeting you inform her that her work is not satisfactory, probably as a result
of her MS. You advise Mary that since she’s been so sick, she just may be too
sick to continue working and suggest she consider resigning. You document this
conversation in her personnel file
ADA Violation?
Office of Institutional Equity/EEO
ADA and ADAAA
You Shouldn’t be Spreading Information about My Disability
Maria has worked for you part-time as a customer service representative. While working, she fell and
injured her back, leading to a finding of a permanent partial disability, entitling her to workers’
compensation benefits.
Last month, Maria sought a transfer to another department, as an office services clerk. She went to see
her prospective boss, Joe Burton, to find out if she had a chance of landing the job. Joe knew about
Maria’s workers’ compensation injury and asked he if she could handle the physical demands of an
office services clerk. Maria responded that she thought she could. Joe wanted to make sure and sent her
to a local clinic for an evaluation.
The clinic determined that Maria had a lifting restriction of 20-35 pounds. Joe was concerned that
Maria’s limitations would adversely affect the department morale, particularly if co-workers’ scheduled
and/or tasks would have to be altered to accommodate Maria. Joe talked to his staff about Maria’s
limitations.
The next week Joe called Maria to tell her the good news: he was approving her transfer. Maria received
favorable performance appraisals in her new job, but her co-workers treated her patronizingly, making
jokes about how she only gets the easy tasks because of her so-called disability, that there’s probably
nothing wrong with her at all, and accusing her of being a baby.
Office of Institutional Equity/EEO
ADA and ADAAA
Split Personality
Situation:
You are Carol’s supervisor. She is very good at her job, but she is extremely
moody. One day she’ll be friendly and generous, and the next day she’ll be rude
or standoffish in her interactions with other employees. So one day, when Carol
is out of the office, you have lunch with a group of employees and discover that
Carol is a favorite subject of discussion among her coworkers. Several people
make comments like, “Carol needs a shrink” and “We need to get that girl some
anti-depressants.”
Question:
What should you do as a supervisor?
Office of Institutional Equity/EEO
ADA and ADAAA
Reasonable accommodation process:
 Employee:
o Sufficient notice is given
o Reasonable Accommodation Request Form is completed.
o Essential Job Functions Questionnaire
o Reasonable Accommodation documentation is reviewed.
o Importance of Interactive process
o Role of ADA Review Committee
 Student:
o Refer Student to Accessibility Services Department
o Student will work with the Accessibilities Services Coordinator to
complete the necessary steps for approved services
Office of Institutional Equity/EEO
ADA and ADAAA
Factors:
 Broad Definition of Disability
 Is it reasonable?
 Review essential job functions
 Assess whether accommodation permits employee to perform essential
functions
 Is it an undue hardship? Health/Safety issues?
 No specific wording, no magic words
 Alternative accommodation
 Appropriate academic accommodations for Students
Office of Institutional Equity/EEO
ADA and ADAAA
Examples of reasonable accommodation
 Employee
o Different job
o Being away
o Moving office
o Assistive Technology
 Student
o
o
o
o
o
Note taking services
Sign language interpreting services
Alternative format of reading materials
Testing accommodations
Service animals
Office of Institutional Equity/EEO
ADA and ADAAA
Accessibility:
 Workplace
 Classrooms
 Websites
 Job Applicants
 Campus Visitors
Office of Institutional Equity/EEO
ADA and ADAAA
Resource
 External Resources:
 Job Accommodation Network – http://askjan.org
 Internal Resource:
 Office of Institutional Equity – [email protected] or
eeo.nmsu.edu

NMSU-Las Cruces Student Accessibility Services –
http://www.nmsu.edu/~ssd/index.html

NMSU-Alamogordo Accessibility Services Department:
http://nmsua.edu/asd
Office of Institutional Equity/EEO
ADA and ADAAA
THANK YOU
Office of Institutional Equity/EEO
ADA and ADAAA

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