Americans with Disabilities Act

Overview/Description
 This course explains the concepts, requirements and practical application of the American with Disabilities Act. If your organization is a private business, you need to know how to treat both employees and job applicants with disabilities fairly, and preserve their civil rights in the workplace. Although employees of the federal government are not directly protected by the ADA, they are covered by the Rehabilitation Act of 1973. While there are differences between the two laws, for the purposes of managers and supervisors, the provisions and requirements are substantially similar. The U.S. Supreme Court has ruled that the Americans with Disabilities Act does not allow state employees to sue their employers for money damages. (Board of Trustees of the University of Alabama v. Garrett.) Most state employees will still be protected from discrimination based on disability, by state and human rights laws and by the Rehabilitation Act of 1973 which applies to recipients of federal funds. This SkillSoft product has been reviewed by the Employment Practice Group of Sheehan Phinney Bass + Green. As of the date reviewed, the content of this course is in compliance with federal law and court decisions. Due to the rapidly changing nature of the law, information in this course may become outdated.

Target Audience
 Managers and supervisors of all levels

Expected Duration
2.0 hours

Lesson Objectives:

Disabilities in the Workplace

  • understand the purpose of the ADA and what it tries to accomplish for people with disabilities.
  • identify impairments as being permanent or temporary disabilities under the ADA regulations.
  • identify acts of discrimination by association, as defined by the ADA.
  • determine which accommodations are reasonable for an employer, versus those that pose an undue hardship, in given scenarios.

    • Hiring and Promoting Under the ADA

  • recognize the benefits of adhering to anti-discrimination laws protecting individuals with disabilities in the workplace.
  • identify the reasons for thorough recruitment preparation in light of the ADA.
  • identify recruitment practices that violate the ADA.
  • identify the steps needed to prepare for recruiting in light of the ADA.
  • identify appropriate pre-offer interview questions from a list of possible pre-offer interview questions under the rules of the ADA.
  • identify questions that can be asked in the post offer stage, under the rules of the ADA.
  • identify medical and psychological tests an applicant cannot legally be asked to submit to under the rules of the ADA.
  • identify the ADA regulations regarding the confidentiality of medical records.

    • Handling ADA Legal Disputes

  • recognize that the ADA seeks to protect the civil rights of employees with disabilities.
  • determine whether a given scenario represents a legitimate ADA complaint.
  • determine which defense an employer may use to justify denying a request for reasonable accommodation, in a given scenario.

    • Course Number: HR0116