Which of the following is covered by the Americans with Disabilities Act quizlet?

Functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, standing, lifting, reaching, and working. It also includes exercising cognitive functions.

Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting any several body systems. These systems include the neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic, and lymphatic, skin, endocrine, and any mental psychological disorder.

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A person who has a physical or mental impairment that substantially limits one or more major life activities (like sitting, standing, or sleeping).

More than just people who are deaf, blind, or in wheelchairs. Also for people REGARDED as having a disability.

Ex: Have epilepsy, diabetes, HIV infection or severe forms of arthritis, hypertension, or carpal tunnel syndrome may be individuals with disabilities.

Mental impairments such as major depression, bipolar (manic-depressive) disorder, and mental retardation may also be covered.

Protects a person with a RECORD of a substantially limiting impairment.
Ex: W/ a history of cancer that is now in remission may be covered.

Applies if no impairment or has a minor impairment, particularly if the employer acts based on MYTHS, FEARS, OR STEREOTYPES about a person's medical condition.
Ex: An employer may not deny a job to someone who has a history of cancer because of a fear that the condition will recur and cause the employee to miss a lot of work.

ONLY protects a person who is qualified for the job s/he has or WANTS.

The individual with a disability MUST MEET JOB-RELATED REQUIREMENTS (for example, education, training, or skills requirements).

S/he must be able to perform the job's essential functions (i.e., its fundamental duties) with or without a reasonable accommodation.

If this accommodation is requested, consider whether any or all of the job's essential functions can be performed from home.
Computers, internet access, telephones, and fax machines make it possible to do many kinds of jobs from home at least some of the time.
Example: A telemarketer, proofreader, researcher, or writer may have the type of job that can be performed at least partly at home.

But: Where the work involves use of materials that cannot be replicated at home, direct customer and co-worker access is necessary, or immediate access to documents in the workplace is necessary and cannot be anticipated in advance, working at home likely would present an undue hardship.

Allowing an employee to use accrued paid leave, and providing additional unpaid leave once an employee has exhausted all available leave, is also a form of reasonable accommodation. Leave may be provided for a number of reasons related to a disability: for example, to allow an employee to receive or recover from treatment related to a disability or recover when a condition "flares up."
What to do if someone asks for leave related to a medical condition:

Determine whether the request is covered by your general leave policy for all employees. If yes, grant the leave according to your policy.
If an employee requests more leave than would be available under your policy, consider whether additional leave could be provided as a reasonable accommodation, absent undue hardship.
But: Not all requests for leave as a reasonable accommodation must be granted. For example, where a job is highly specialized, so that it will be difficult to find someone to perform it on a temporary basis, and where the employee cannot provide a date of return, granting leave and holding the position open may constitute undue hardship.

Example: If the Executive Chef at a top restaurant requests leave for treatment of her disability but cannot provide a fixed date of return, the restaurant can show undue hardship because of the difficulty of replacing, even temporarily, a chef of this caliber. Moreover, it leaves the restaurant unable to determine how long it must hold open the position or to plan for the chef's absence.

Example: A restaurant food server requests 10 to 14 weeks off for disability-related surgery with the date of return depending on the speed of recuperation. The employer must decide whether granting this amount of leave, and doing so without a fixed date of return, would cause an undue hardship.

When can no longer perform his or her job because of a disability.

The employee must be qualified for the new position.

You do not have to bump another employee, promote an employee with a disability, or create a position for the individual.

Reassignment should be to a position that is EQUAL IN PAY AND STATUS to the one held or as close as possible if an equivalent position is not vacant.

Example: After being injured, a construction worker can no longer perform his job duties, even with accommodation, due to a resulting disability. He asks you to reassign him as an accommodation to a vacant, higher-paid construction foreman position for which he is qualified. You do not have to offer this reassignment because it would be a promotion.

Example: The host responsible for escorting diners to their seats at one of three restaurants operated by your business can no longer perform the essential functions of her position because a disability requires her to remain mostly sedentary. However, she is qualified to perform the duties of a vacant cashier position, which has the same salary, at one of your other restaurants. You must offer her a reassignment to the cashier position at the other restaurant as a reasonable accommodation.

But: Reassignment is not available to applicants; therefore, you would not have to look for a job for a person with a disability who is not qualified to do the job for which he or she applied, unless you do this for all applicants for other available jobs.

The EEOC will send you a copy of the charge and request a response and supporting documentation.

The EEOC may investigate the charge. If it finds reasonable cause to believe that you discriminated against the charging party, it will invite you to conciliate the charge (i.e., the EEOC will offer you a chance to resolve the matter informally).

In some cases, where conciliation fails, the EEOC will file a civil court action.

If the EEOC finds no discrimination, or if conciliation fails and the EEOC chooses not to file suit, it will issue a notice of a right to sue, which gives the charging party 90 days to file a civil court action.

For a detailed description of the process, check out the EEOC website, www.eeoc.gov, and click on the link to "Small Business Information," and then on the link to "When A Charge Is Filed Against My Company."

The EEOC notice may offer mediation as a method for dealing with the charge even before it investigates the charge.

We encourage you to use this process as a less expensive and time-consuming way of resolving an employment dispute.

What is the American with disabilities Act quizlet?

The Americans with Disabilities Act of 1990. A federal civil rights law designed to prevent discrimination and enable individuals with disabilities to participate fully in all aspects of society.

Who is protected by the Americans with Disabilities Act quizlet?

An individual who has physical or mental impairments that significantly limits one or more major life activity and has a RECORD of such an impairment.

Which of the following areas are referred to in the Americans with Disabilities Act quizlet?

It prohibits discrimination on the basis of disability in employment, state and local government programs, public accommodations, commercial facilities, transportation, and telecommunications.

Which of the following are addressed by the Americans with Disabilities Act?

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local government' programs and services.