Table of Contents

INTRODUCTION
1
IMPLICATIONS OF THE ADA AND THE 2009 AMENDMENTS
3
DEFINITIONS
5
DISABILITY
5
PHYSICAL OR MENTAL IMPAIRMENT
5
EPISODIC IMPAIRMENTS
6
MAJOR LIFE ACTIVITIES
6
“REGARDED AS”
7
TRANSITORY CONDITIONS
7
SUBSTANTIALLY LIMITS
7
MITIGATING FACTORS
8
REASONABLE ACCOMMODATION
8
UNDUE HARDSHIP
9
DIRECT THREAT
9
ADA AND PRE-EMPLOYMENT
10
DETERMINING ESSENTIAL FUNCTIONS
10
PERFORMING ESSENTIAL FUNCTIONS WITH OR WITHOUT REASONABLE ACCOMMODATION
11
EMPLOYER RESPONSIBILITIES REGARDING ACCOMMODATIONS
12
THE INTERACTIVE PROCESS
12
EMPLOYMENT POLICIES AND THE ADA
13
ADA-RELATED MANAGEMENT SCRIPTS
14
JOB DESCRIPTIONS AND THE ADA
15
INTERVIEWING JOB APPLICANTS WITH DISABILITIES
32
General Guidelines
32
Focus on Abilities
32
Advice for the Interview
33
Questions that MAY NOT Be Asked During an Interview
35
Questions that MAY Be Asked During an Interview
36
BACKGROUND AND REFERENCE CHECKS
37
MEDICAL EXAMINATIONS
37
ADA AND ONGOING EMPLOYMENT
39
PROCESSING REQUESTS FOR REASONABLE ACCOMMODATIONS
40
Request for Accommodation
42
Confirmation of Request for Accommodation
43
Medical Provider Information Request
44
Reasonable Accommodation Information Reporting Form
46
Denial of Reasonable Accommodation Request
48
Accommodation Re-Evaluation
50
SUGGESTED LIST OF ADA COMPLIANCE RESPONSIBILITIES FOR THE HUMAN RESOURCES DEPARTMENT
51
MANAGEMENT SCRIPTS
52
EFFECTIVE USE OF THE SCRIPTS
52
ABSENCE OR TARDY
52
CORRECTIVE ACTION
53
VOLUNTARY COMMUNICATION
53
WORKERS’ COMPENSATION
53
ADA AND OTHER FEDERAL LAWS
54
ADA AND WORKERS’ COMPENSATION
54
ADA AND FMLA
55
APPENDIX
56