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For example, it would violate the ADA if an employee with bipolar disorder is fired after disclosing his disability because a supervisor believes people with bipolar are dangerous. This reaction is based on myths and stereotypes rather than the best available evidence. When determining whether an employee presents a direct threat, the employer must determine whether any reasonable accommodations would eliminate or reduce the threat. The ADA treats individuals who use illegal drugs differently from individuals who misuse alcohol.

However, a person who used illegal drugs in the past but went through a rehabilitation program is considered to be a person with a disability and is protected from discrimination. Alcoholism is treated differently under the ADA. A person who currently uses alcohol is not automatically denied protection. A person who has alcoholism may be considered to be a person with a disability depending on whether the person has an impairment that substantially limits a major life activity. It is not a reasonable accommodation to allow an employee to consume alcohol, or be under the influence of alcohol, at work if this violates legitimate workplace rules.

An employer may discipline or even fire you if your alcohol use affects your job performance or conduct. And of course, your employer may have a drug-free and alcohol-free workplace policy. Generally, yes, as long as the same standards apply to everybody. An employer can evaluate performance standards, such as how well the employee performs both essential and marginal job functions and whether the employee is meeting basic job requirements like teamwork, customer service, work output, and product quality.

Employers may also evaluate and enforce conduct standards like appearance standards, rules against destroying company property, rules about computer and equipment usage, and attendance requirements. Your employer may not, however, use standards that are not job-related if the standards have the effect of discriminating on the basis of disability.

An employee with a disability should meet the same production standards as all other employees doing the same job.

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Employers do not have to lower production standards as a reasonable accommodation. However, a reasonable accommodation might be required to assist employees with disabilities in meeting the same production standards. For example, an employer may require a secretary who is blind to type 70 words per minute as long as the requirement is the same for all secretaries. While the employer has no obligation to lower this standard, it may be required to provide certain voice-activated software to enable the employee with a disability to meet this standard.

Generally, yes, as long as the conduct standard is job-related and consistent with business necessity, and all other employees are held to the same standard. The ADA does not generally protect employees from the consequences of violating conduct standards, even when the violation is caused by the disability. However, employers may be required to provide reasonable accommodations to enable the employee to meet the conduct standards. Is it all right for an employer to require an employee to get or change treatment for a disability to help or comply with a conduct standard?

Decisions about medications and medical treatment are generally personal medical decisions that take into account a number of factors about which the employer may not be aware or have the expertise to consider. Even if employers just want to help the employee, they should discuss the unacceptable conduct rather than medical treatments or medications to treat a disability.

Title I of the ADA protects employees from being discriminated against on the basis of disability. It is not a violation for an employer to fire, demote, not promote, reduce hours, or change any other condition of employment for some other reason that is not related to your disability. The same situation exists with layoffs or reductions-in-force.

If your discharge is not based on your disability, your employer has not violated the ADA.

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The goal of Title II of the ADA, which covers state and local governments, is really to make sure that people with disabilities have equal access to civic life. Individuals with disabilities must be provided an equally effective opportunity to participate in or benefit from a public entity's aids, benefits, and services. It essentially covers everything that the state or local government does, including public housing, licensing, all levels of public education, transportation, parks and recreation, detention, emergency response, and police. There are two different concepts in this question.

The first relates to access to an historic preservation program and the second is program access in the form of access to city services. These might include providing the government service in another building, or using audiotape or video images to demonstrate the historical significance of the inaccessible portions of the property. If alterations are made to the property, though, then the changes must conform to the ADA Standards for Accessible Design, which has specific provisions on historic buildings, to the maximum extent feasible. Government entities have to make sure that people with disabilities are not excluded from government services or activities just because the buildings are not accessible, even if they were built before the ADA.

Government programs, when viewed in their entirety, have to be readily accessible to people with disabilities. The government must provide communication with individuals with disabilities that is as effective as communications with others, unless doing so would be an undue financial or administrative burden or would cause a fundamental alteration of the program.

The government entity must provide auxiliary aids and services when they are necessary for effective communication. For example, if a person is deaf and is going to a municipal courthouse to pay a parking ticket, because this would be just a routine transaction that would require little back-and-forth communication, it would probably not require the use of a sign language interpreter. Just writing and gestures could be effective communication under those circumstances for some people. It rarely would. Maybe the sign language interpreter could be illuminated by a flash light in a small part of the space without fundamentally altering the program, or the planetarium could offer a transcript of what is being said.

No, this service would not have to be provided. Printed materials that it provides to other citizens must be made available in other formats so that people who are blind or have low vision can access them. These alternate formats might include large print, Braille, or materials in electronic format. Remember, though, that you may have to request the materials in the format that you need.

Allow time for creating the material in the alternate format you need. Yes, they can offer a separate tour for people who are blind. Sometimes museums do this so that they can allow visitors a chance to touch specific items that are not generally available for museum visitors to touch. However, the museum cannot deny you access to the general tour just because they have the special tour available.

You can go on either tour, although the museum does not have to allow you to handle objects that the general public is not allowed to handle on the general tour, even if it allows that on the special tour. No, the city cannot require a person with a disability to have a medical examination unless it requires that of all participants. No, the entity is not allowed to place a surcharge on a person with a disability, even when there is a cost to the entity for providing the service.

Notification systems, as well as evacuation plans, must take into account how individuals with disabilities will be accommodated. Different kinds of disabilities require different strategies. For example, a notification system that depends on warning sirens will be inadequate for an individual who is deaf.

An evacuation plan that depends on people gathering at specific public locations will be inadequate if the location is not wheelchair accessible. An emergency shelter that is completely accessible to wheelchairs will be inadequate if it refuses to allow service animals to accompany handlers with disabilities.

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Persons applying for a license to drive are usually required to demonstrate the ability of the person to drive safely, to do various maneuvers with the vehicle such as parking, making turns, backing the car down a street , and to know the rules of traffic safety. But the entity does not have to change its standards for getting a license to drive.

If it requires certain visual acuity as an essential eligibility requirement to obtain a license, it does not have to modify that standard. It would also be a reasonable modification to allow a person who has severe dyslexia to take an oral exam, rather than a written one, as long as the questions are the same. The absence of individuals with disabilities living in an area cannot be used as the test of whether programs and activities must be accessible. The mayor says that there are no people in the small town who use wheelchairs so there is no need to make the services of the administrative offices accessible.

People, however, who currently do not have a disability may become individuals with disabilities through accident or disease.


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Individuals with a disability may move into the town. So the apparent lack of people who use wheelchairs for mobility does not excuse the town from taking the necessary measures to make its programs, services, and activities accessible to individuals with disabilities. Yes, according to the U. Department of Justice, but only as a last resort and only if such an arrangement provides accessibility comparable to that provided to persons without disabilities, who generally use front doors and passenger elevators. For example, a back door is acceptable if it is kept unlocked during the same hours the front door remains unlocked; the passageway to and from the floor is accessible, well-lit, neat and clean; and the individual with a mobility impairment does not have to travel excessive distances or through nonpublic areas such as kitchens and storerooms to gain access.

A freight elevator would be acceptable if it were upgraded so as to be usable by passengers generally and if the passageways leading to and from the elevator are well-lit, neat and clean, and excessive travel distances or travel through non-public areas are not required.

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A public entity does not have to take any action if it can show that it would cause a fundamental alteration in the nature of its program or activity or an undue financial and administrative burden. The determination that undue burdens would result must be based on all resources available for use in the program. If an action would result in such an alteration or such burdens, the public entity must take any other action that would not result in such an alteration or such burdens, but would still have to make sure that individuals with disabilities receive the benefits and services of the program or activity.

Individuals may file private lawsuits or they may file complaints with the Department of Justice DOJ. The DOJ may resolve the complaints through settlement agreements, mediation, or litigation. Depending on the issue, you may file a complaint with a different federal agency listed below. The following agencies are designated for enforcement of Title II for components of State and local governments that exercise responsibilities, regulate, or administer services, programs, or activities in the following functional areas:.

Public accommodations are private businesses, both for-profit and not-for-profit. A place of public accommodation is a facility whose operations affect commerce and falls into at least one of these categories:. Places of public accommodation may not discriminate against people with disabilities and may not deny full and equal enjoyment of the goods and services they offer.

There is a specific exemption for religious entities in the ADA. There are a lot of misunderstandings about this exemption. In some cases, a religious entity rents out space and, in that situation, the religious entity is a landlord and the business that rents space is the tenant. If the religious entity rents space to a business like a day care center or a private school, the religious entity is still exempt, but the tenant business is not, unless it is also a religious entity.

So if the tenant business is not a religious entity, then the religious entity landlord is still exempt from Title III of the ADA, even if the tenant business is covered. So the obligations of a landlord for a place of public accommodation under Title III do not apply if the landlord is a religious entity. If the religious entity donates space for the use of a community organization, such as a scout troop, civic club, or social group, then, in that circumstance, both the religious entity and the nonreligious entity are exempt from the requirements of Title III of the ADA.

The nonreligious tenant is covered by Title III only if there is a lease that requires a payment of rent or some other consideration. No, there is also an exemption for private clubs, but it works a little differently than it does for religious entities. The concept of an exemption for private clubs was first mentioned in the Civil Rights Act of , which prohibits discrimination based on race, color, sex, and national origin by places of public accommodation.