Americans with Disabilities Act (ADA)
* Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA's nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules.
*Source: U.S. Department of Labor, Employee Rights
An individual with a disability is a person who:
- Has a physical or mental impairment that substantially limits one or more major life activities;
- Has a record of such an impairment; or
- Is regarded as having such an impairment.
A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:
- Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
- Job restructuring, modifying work schedules, reassignment to a vacant position;
- Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Reasonable accommodations are adjustments or modifications provided by an employer to enable people with disabilities to enjoy equal employment opportunities. Accommodations vary depending upon the needs of the individual applicant or employee. Not all people with disabilities (or even all people with the same disability) will require the same accommodation. For example:
- A deaf applicant may need a sign language interpreter during the job interview.
- An employee with diabetes may need regularly scheduled breaks during the workday to eat properly and monitor blood sugar and insulin levels.
- A blind employee may need someone to read the information posted on a bulletin board.
- An employee with cancer may need to leave to have radiation or chemotherapy treatments.
An employer does not have to provide a reasonable accommodation if it imposes an "undue hardship." Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.
An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.
An employer generally does not have to provide a reasonable accommodation unless an individual with a disability has asked for one. If an employer believes that a medical condition is causing a performance or conduct problem, it may ask the employee how to solve the problem and if the employee needs a reasonable accommodation. Once a reasonable accommodation is requested, the employer and the individual should discuss the individual's needs and identify the appropriate reasonable accommodation. Where more than one accommodation would work, the employer may choose the one that is less costly or that is easier to provide.
Title I of the ADA also covers:
- Medical Examinations and Inquiries:
- Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job-related and consistent with the employer's business needs. Medical records are confidential. The basic rule is that with limited exceptions, employers must keep confidential any medical information they learn about an applicant or employee. Information can be confidential even if it contains no medical diagnosis or treatment course and even if it is not generated by a health care professional. For example, an employee's request for a reasonable accommodation would be considered medical information subject to the ADA's confidentiality requirements.
- Drug and Alcohol Abuse:
- Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA when an employer acts on the basis of such use. Tests for illegal drugs are not subject to the ADA's restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.
It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADA.
To submit a request for a Reasonable Accommodation, please email HRLeaves@buffaloschools.org
How do I apply for a COVID-19 related accommodation?
Employees who have a personal medical condition that requires an accommodation may complete a request form, based on your payroll location, for review by Human Resource personnel. The determination to approve the accommodation is based on whether the request is reasonable and whether it will place an "undue hardship" on the District. Accommodation requests for child care or to care for a family member will not be considered. However, there may be other types of leaves of absence that the employee may be entitled to (e.g. FMLA). Contact your appropriate Human Resource personnel representative for assistance.
The accommodation request process is interactive. To ensure the timely processing of your request, make sure to complete the form in its entirety. A member of the HR Department will contact you to schedule an appointment to discuss this request. It is your responsibility to obtain union representation, should you desire it, during this conversation.
INSTRUCTIONS ON HOW TO COMPLETE AND SUBMIT ELECTRONIC FORMS HERE
Use this Matrix to determine which Accommodation Request Form to submit. Forms are allocated based on check locations.
To access the COVID Resources & FAQ page, click HERE.
Workplace Accommodations (ADA) Frequently Asked Questions
Q: What is a reasonable workplace accommodation?
Q: What is the accommodation process?
Q: How do I know if I am eligible for workplace accommodations?
Q: I don’t have a disability, but I am in a high-risk category. Does this make me eligible for workplace accommodations?
Q: I am over 65. Do I automatically qualify for ADA accommodations?
Q: I am pregnant. Do I qualify for ADA accommodations?
Q: I am a caregiver or live with someone with a disability and/or is in a higher risk category. Does this make me eligible for workplace accommodations?
Q: If telework is not a viable option, what are other potential accommodations?