Unit 8: Basic Understanding of the Law
Lesson 4: Americans with Disabilities Act
OBJECTIVE
Identify the major points of the Americans with Disabilities Act.
MATERIALS NEEDED
The Americans with Disabilities Act: A Brief Overview
(Appendix G)
INSTRUCTIONAL FORMAT
This lesson will provide students with information about the Americans with
Disabilities Act (ADA).
Review and discuss the information presented in the handout titled
"The Americans with Disabilities Act: A Brief Overview."
Suggested areas to discuss are the types of barriers that might need to be
overcome in the first three Titles, the accommodations that might help overcome
the barriers, and how people might retaliate against people who advocate
for change according to Title 5.
Discuss the ADA law as it relates to employment. Cover the following
points.
During an interview, it is illegal for the interviewer to ask whether you
have a disability. They can ask about your ability to perform certain job
functions.
If you believe you need an accommodation, it is your responsibility to bring
it to the attention of your employer. "Reasonable accommodation" is any
modification or adjustment to a job, and employment practice, or the work
environment that makes it possible for an individual with a disability to
enjoy equal employment opportunity.
A "reasonable accommodation" does not mean that an employee with a disability
can ask for just any type of adjustment at the work place. The employer is
not required to lower quality or quantity standards of the work. The employer
does not need to give a person luxurious equipment if a more reasonable
adaptation would solve the problem. For example, an employee cannot ask for
a mechanical wheelchair lift, if a ramp would serve the same purpose.
An employer does not have to make an accommodation if it would pose an undue
hardship on the business. If installing a wheelchair lift would be too expensive
based on the company's profit margin, the company may refuse to install the
lift.
A person needs to be qualified for the position in order to obtain an
accommodation. For example, an employee who is blind cannot go to his boss
and ask for special computer equipment, so he can have a job as a computer
programmer if he is not qualified for that type of job.
Regardless of the disability, a person needs to be able to perform the "essential
functions" of the job. The essential functions of a job means the fundamental
job duties of the employment position. If an accommodation cannot help a
worker accomplish the essential functions of the job, the employer does not
have to hire or keep that person for that job. An accommodation in this situation
is to consider the person for a vacant position for which the person is qualified
and can perform the essential functions.
Have a general discussion about who to ask for accommodations. If you need accommodations at work it is suggested that you speak with your supervisor or the personnel coordinator. If you need accommodations to have access to public transportation, buildings, places of business, etc., you should try to find out who is the manager or director of the place or service in question, and speak to that person. If these situations are not resolved by speaking to an appropriate person or you receive treatment as indicated in Title 5, you should probably seek the assistance of a lawyer. A lawyer can help you understand whether the request is reasonable based on your disability and the company's ability to accommodate you. Stress to students that asking for accommodations can be difficult, so they may need to ask for assistance from a rehabilitation counselor or lawyer.
SIGNS OF GENERALIZATION
Students should come away from this lesson with a better understanding of
the ADA law. They should also have an understanding of the limitations of
the law in the workplace.
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