Risk Management Initiative:
Americans with Disabilities
Act Module
Office of the Vice President for Ethics and Compliance
Office of the Vice President for Human Resources
Learning Goal and Objectives
GOAL: Ensure all members of the University community are
treated with respect and dignity to create an environment free from
disability-related discrimination and harassment
• Understand how to better interact with individuals with
disabilities.
• Have a basic understanding of the Americans with Disabilities
Act, as amended (ADA).
• Identify University resources for employees who may have a
disability and need reasonable accommodations.
• Apply knowledge of Purdue’s policies on nondiscrimination and
equal opportunity to recognize possible requests for reasonable
accommodation.
Why Is This Training Important?
• People with disabilities are the largest
minority group in the United States,
making up an estimated 20% of the
total population.
• There are 133 million people in the
United States living with a chronic
health condition. That number is
expected to increase to 150 million by
2030.
• Attitudes and stereotypes remain the
main barriers to successful
employment reported by people with
disabilities.
“People First”
• Treat adults as adults
• Use people-first language
• Use eye contact and speak directly to the person with the
disability
• If you offer assistance, wait until the offer is accepted
• Be considerate of the extra time that it may take a person
with a disability to perform a major life activity
• Everyone makes mistakes from time to time; if you make a
mistake and offend someone, apologize
• Don’t make assumptions - everyone is different
• Relax, it is okay to ask questions when you are unsure of
what to do
Overview of the ADA
• Protects individuals from discrimination on the
basis of his/her disability, perceived disability, or
association with an individual with a disability
• Requires employers to provide reasonable
accommodations to qualified individuals with a
disability to allow the person to perform the
essential functions of his or her job
• Restricts disability-related inquiries
Who is a Person with a Disability?
• A physical or mental impairment that
substantially limits a major life
activity
‒ The impairment’s impact on the major
life activity is evaluated without regard to
mitigating measures such as medical
treatment, medication, or assistive
devices
• Record of such an impairment
• Regarded as having such an impairment
Examples of Qualifying Physical or Mental Impairments
•
•
•
•
•
•
•
Autism
Cancer
Diabetes
Deafness
Blindness
Cerebral Palsy
Post-Traumatic Stress
Disorder
• Obsessive-Compulsive
Disorder
• Partially or Completely
Missing Limbs
• Mobility Impairments
Requiring the Use of a
Wheelchair
• Intellectual Disability
• Epilepsy
• HIV/AIDS
• Bipolar Disorder
• Major Depression
• Multiple Sclerosis
• Muscular Dystrophy
Qualified Individual With a Disability
A qualified individual is someone who:
• Meets the skill, experience, and education
requirements of the position; and
• Can perform the essential functions or basic
duties of the job, with or without a
reasonable accommodation.
Reasonable Accommodation
•
•
A reasonable accommodation is any modification or adjustment
to a job, practice, policy, or the work environment that allows an
individual with a disability to participate equally in an
employment opportunity.
Examples include:
‒ Making existing facilities accessible
‒ Modifying a work schedule
‒ Altering training materials, tests, or policies
‒ Acquiring or modifying equipment
‒ Providing an interpreter
‒ Restructuring a job
‒ Leave without pay
‒ Reassignment to a vacant position
Reasonable Accommodation
•
•
The ADA requires employers to provide accommodations to
qualified individuals with disabilities:
‒ Reasonable accommodations, not all accommodations;
‒ Effective accommodations, not preferred
accommodations;
‒ Accommodations must not pose an undue hardship to
the employer
It is the employee’s responsibility to make a request
‒ No “magic words” required
Reasonable Accommodation Process
• Employee or Supervisor contacts Human Resources to
request assistance
‒ Confidential medical information is not shared with
the supervisor at any point during this process
• A trained evaluator within Human Resources will obtain
and review medical documentation and determine:
‒ Whether the employee is a qualified individual with
a disability; and, if so,
‒ What accommodations are both reasonable and
effective in assisting the employee
Requesting a Reasonable Accommodation
To make a request for a
reasonable
accommodation, please
contact your Human
Resources office.
Manager Responsibilities
• Work with HR to spot ADA issues and work through the
interactive accommodation process
‒ ADA may be implicated if:
o Employee raises issue of injury, illness or medical
condition affecting job performance
o Excessive absences
o Employee is close to or has run out of all available paid
leave
o Employee provides a doctor’s note with work
restrictions
• Tell the employee to contact HR for help
Scenario: Martha
• Martha, a computer specialist, has fibromyalgia and experiences
flare ups of major fatigue and pain affecting her ability to
perform manual tasks such as walking and daily household
chores. She has requested a flexible work schedule and the
ability to work from home which would require the use of a
computer and remote access.
– Are Martha’s requests reasonable?
o Probably.
– What if Martha’s job was a line cook? Would her request for
a flexible work schedule and ability to work from home be
reasonable?
o Unlikely.
Scenario: Juan
•
Juan, a receptionist, recently lost most use of his right arm. He
informs his supervisor that performing certain office tasks takes him
much longer with his left hand. His supervisor replied that Juan still
needs to meet deadlines.
– Did Juan request an accommodation?
o Yes.
–
Did the employer engage in the interactive process?
o No.
–
Does Juan have to meet the deadlines with or without a
reasonable accommodation?
o Yes, if meeting deadlines is an essential function of his job.
Here, the supervisor should have referred Juan to Human
Resources to determine what reasonable accommodations
could have assisted him in meeting deadlines.
Employee Privacy: Medical Information
• Medical information is not shared with a
supervisor
• Accommodation information is shared on a needto-know basis
‒ Includes information regarding applicants for
positions
• Co-workers are not entitled to any medical
information
• Human Resources stores all medical Information
Employee Privacy: Medical Inquiries
• Applicants
‒ No questions about medical status, medical history,
disabilities, or severity of any medical condition
‒ Can ask if they can perform job functions
• Employees
‒ No questions about medical status, medical history,
family medical history, or specifics about disabilities or
medical conditions
‒ Tell employees that you are concerned, but you cannot
discuss these issues with them for employee’s and
manager’s protection
‒ Refer to Human Resources
Summary
• Use “people first” language to focus on the individual first
and foremost rather than on the individual’s disability
• The ADA, as amended:
– Protects individuals from discrimination on the basis of his/her
disability
– Requires employers to provide reasonable accommodations to
qualified individuals with a disability
– Restricts disability-related inquiries
• There are numerous resources available for individuals who
may have a disability and need reasonable accommodations
• It is the employee’s responsibility to make a request for
reasonable accommodation; there are no magic words the
employee has to say to be considered a request for a
reasonable accommodation
Conclusion
• For questions about this training please contact
vpeceducation@purdue.edu.
• Please be sure to complete the certification quiz in
WebCert.
Thank you!