Title Ii Public Entities
Title II prohibits disability discrimination by all public entities at the local and state levels, including schools, public transportation, housing, and local, city, county, and state governments. Public entities must make reasonable modifications to rules, policies, or practices, take reasonable steps to remove architectural, communication, or transportation barriers, and provide auxiliary aids and services, as is reasonable.
On June 22, 1999, the United States Supreme Court held in Olmstead v. L.C. that unjustified segregation of persons with disabilities constitutes discrimination in violation of title II of the ADA. The Court held that public entities must provide community-based services to persons with disabilities when such services are appropriate the affected persons do not oppose community-based treatment and community-based services can be reasonably accommodated, taking into account the resources available to the public entity and the needs of others who are receiving disability services from the entity.
Twenty-one years post-Olmstead, while its the law that these services be available, we are still fighting for the sufficient funding of quality home and community-based services.
Other Conditions Or Impairments
It’s not possible to give an exhaustive list of all conditions or impairments that might be classed as a disability. In most situations, it’s best to look at how someone’s condition or impairment affects them, rather than what the condition or impairment is.
But these are some examples people often ask about.
If You Take Medication Or Have Treatment For Your Disability
The legal test is that you should look at the impact of your impairment without any medication or treatment. Treatment includes things like counselling as well as medication. For example if you have arthritis and use a walking stick, think about how hard it would be for you to walk without it.
If you have a sight impairment which can be cured by wearing glasses or contact lenses, youll need to think about how your day-to-day activities are affected when youre wearing them.
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Deaf Sign Language Users
Deaf people who use Sign Language as a means of communication will need information in this format . Some basic information may be provided in Easy Read but conversations and more complex information will probably need to be interpreted , or translated . For the majority of Deaf people, English is a second language and access to the wide range of information that hearing people take for granted is limited. The County Council uses the British Deaf Associations Sign Language Charter to check it is meeting the needs of Deaf people and encourages other organisations to do the same. Note that Deaf people view their deafness and language as their culture rather than a disability, but under the Equality Act it is recognised only as a disability.
Shelforce Focus On What Employees Can Do
We recognise that autistic employees can offer valuable transferable skills, such as attention to detail and dedication to routine. We also hold work experience sessions with autistic school children, to build their confidence and show them that they have a real future in the world of work.
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Check If Your Impairments Long Term
A long-term effect means something that has affected you or is likely to affect you for at least a year. For example, if you had an operation that will make walking difficult for at least a year, thats long term.
Your impairment will still be considered to be long term if the effects are likely to come and go. These are known as fluctuating or recurring effects.
For example, youve had periods of depression for a few months at a time but then months in between where it doesnt affect you. Each episode of depression lasts less than 12 months, but it can meet the definition of long term if:
- it has a substantial adverse effect when it happens, and
- it could well happen again
Your impairment will also still be considered to be long term if its likely to affect you for the rest of your life even if thats going to be less than a year.
The definition of what is long term is in Schedule 1 of the Equality Act 2010.
Autism And Adjustments At Work
According to the National Autistic Society, there are around 700,000 people with autism in the UK, and all will have different strengths, weaknesses and abilities.
Autism can be a disability under the Equality Act, so it is important for employers to understand and support staff who are neurodivergent and be able to make reasonable adjustments for their individual needs. ACAS has recently published a guide to Neurodiversity in the Workplace, which looks at how employers can support their staff.
The recent case involving Mr Sherbourne and N Power highlights the importance of employers putting in place the correct processes and training.
Mr Sherbourne starting work on a fixed-term contract for NPower in October 2017 in their open plan office which had a busy walkway behind him. On his second day, his manager talked with him about his disruptive and loud behaviour. Over the following weeks, there was further cause for his behaviour to be of concern. His manager felt Mr Sherbourne was disruptive, argumentative, agitated and displaying unacceptable behaviour. In turn, Mr Sherbourne was feeling isolated and felt he was being treated differently.
What happened at Tribunal?
Mr Sherbourne raised a claim at Tribunal for indirect discrimination and failure to make reasonable adjustments.
What does this mean for you or your business?
What do you need to be doing now?
You can read the full judgment of T Sherbourne v Npower Ltdhere.
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Eeoc V Pj Utah Llc Pj Cheese Inc Pj United Inc
A complaint was filed with the EEOC that a Papa Johns Pizza store had fired an employee with Down syndrome after an operating partner visiting the store observed the employee working with a job coach. After an investigation, the EEOC found that Papa Johns Pizza had violated the ADA by failing to provide reasonable accommodations, which includes the assistance of a job coach if necessary, to an employee with an intellectual disability. When the attempt to resolve the issue through pre-litigation settlement failed, the EEOC filed a complaint with the district court of Utah. The case was ultimately settled, and Papa Johns Pizza agreed to pay the employee $125,000, review its equal employment opportunity policies, conduct training for management and human resources employees in restaurants in Utah, and establish a new recruitment program for individuals with disabilities.
If An Employer Does Not Agree Someone Has A Disability
If an employer feels that someone’s condition or impairment does not meet the definition of a disability, they should:
- not make assumptions
- listen to the person when they talk about the effect it has on their normal day-to-day activities this may include what would happen if they stopped any medication or treatment
- consider any medical advice, for example an occupational health report or a medical report from the staff member’s doctor employers must get permission from the staff member to access these
- focus on supporting the person this could include making reasonable adjustments
Considering Whether Someone Has A Disability
In most situations, it’s best to look at how someone’s condition or impairment affects them, rather than what the condition or impairment is. It’s important for the employer and the person with the condition or impairment to talk to each other. Do not make any assumptions.
For someone to be classed as having a disability, it does not matter:
- whether the impairment is physical or mental
- what caused the impairment
- if the impairment does not affect them all the time or it changes at different times
- if they have not had a medical diagnosis as long as they can still show a substantial and long-term adverse effect on their ability to carry out day-to-day activities
The law says to discount the effects of any medication, aids or treatment when considering whether someone has a disability. The exception to this is wearing glasses or contact lenses.
You Want To Disclose Your Autism But When
What if an applicant needs an accommodation for the job, but not for the interview? Should she disclose during the interview, or wait until she receives a job offer or begins working?
Again, it depends. A lot of people tell us they want to be open from the very beginning. If an employer is not willing to work with me during hiring process, then they wont work with me later and thats not an employer I want to work with, they say. We say thats a personal decision. But the later you wait to disclose, theres a lesser chance of being discriminated against, said Ms. Whetzel, a former special educator. In other words, it may be difficult to prove an employer did not hire you because you disclosed having a disability at the interview. But if you disclose after receiving a job offer, you know youre qualified for the job, and they would have to show why that offer was revoked, she said.
Whether or not job seekers choose to disclose and request an accommodation for ASD, Ms. Whetzel has tips that may help them land the jobs they want. She recommended learning as much as possible about the requirements of a job what they will they have to do and where will they have to do it and how their qualifications relate to it. Applicants can use the U.S. Department of Labors online Occupational Outlook Handbook to research occupations, she said. The handbook describes the duties, required education, and work environments for hundreds of jobs.
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What Does The Equality Act Cover
An FE or HE provider must not discriminate against a disabled student in relation to:
- any other disadvantage or denial of opportunity or choice.
How education is provided includes:
- facilities, including lecture halls, libraries and IT
- leisure, recreation, entertainment and sports facilities
- the physical environment
- disciplinary procedures.
FE and HE providers have a responsibility towards disabled pupils for internal exams. Its also unlawful for general qualification bodies and other qualification bodies, such as the General Medical Council, City and Guilds, and the Law Society to discriminate against students taking formal examinations. You can read more about this in our exam guidance.However, discrimination can still sometimes take place, even if the provider believes theyre acting in the students best interests.
What Does Disability Mean
The Equality Act 2010 says that a pupil has a disability if he or she has a physical or mental impairment that has a long-term and substantial adverse effect on his or her ability to carry out normal day-to-day activities. Mental impairments include autism, a lifelong disability that affects how people perceive the world and interact with others. Most autistic people are likely to fit this description, but someone doesnt have to have a diagnosis to be considered disabled.
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The Canadian Charter Of Rights And Freedoms
The Canadian Charter of Rights and Freedoms is a part of the Canadian Constitution, which is a set of laws containing the basic rules about how our country operates. Section 15 of the Charter makes it clear that every individual in Canada regardless of race, religion, national or ethnic origin, colour, sex, age or physical or mental disability is to be considered equal. This means that governments must not discriminate on any of these grounds in its laws or programs.
At the same time as it protects equality, the Charter also allows for certain laws or programs aimed at improving the situation of disadvantaged individuals or groups. For example, programs to improve employment opportunities for people with mental or physical disabilities may be protected under subsection 15.
For more information on the Charter, see Your Guide to the Canadian Charter of Rights and Freedoms. The guide is an educational publication that explains the purpose and meaning of each of the Charter’s sections.
Do I Have To Declare A Disability
Were under no legal obligation to disclose, but there are a number of things to consider: Not declaring a disability in an application can lead to problems in the future if there is an employment tribunal. An employer cannot be expected to make reasonable adjustments if they do not know that you have a disability.
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If You Need Evidence To Show You Have A Disability
You can get evidence from your doctor or another medical professional. This could include:
- how long your impairment is likely to last and if its likely to get worse
- what would happen if you stopped your medication or other treatment
- the effect it has on everyday activities
You can also keep a diary for a while – write down what you do, what you find difficult and why. This could make it clearer how much your impairment is affecting your normal day-to-day activities. Your friends and family might also be able to help you think of ways youre affected.
How Does Asperger Syndrome Impact On Study
Students with AS may have difficulty with the elements of a course that involve interacting with other people, in particular, supervisions and other discussion activities and any paired work. They may find it difficult to know how and when to ask questions and may come across as abrupt when it is not their intention. Such students are likely to make a literal interpretation of any instructions, and this literal approach means they may have difficulty differentiating between core and peripheral information .
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What Are The Rights Of Americans With Disabilities
Lets start with the Americans with Disabilities Act , a law that bans discrimination against people with disabilities. The ADA does not require workers to tell employers they have a disability, and employers cannot ask job applicants if they do.2 But if a person does tell, called disclosing, she can get an accommodation. Accommodations are changes to how she completes a job interview and, if hired, performs her work. They serve to address a challenge posed by the disability.
Accommodations can be environmental, such as a quieter workspace for someone who cannot function well around noise or distraction, or procedural, such as providing written instructions to someone who struggles with spoken directions. They are also individual. Ten people can have autism, and they might all need something different as a result of it, explained Melanie Whetzel, lead consultant of the Cognitive/Neurological Team at the Job Accommodation Network of the U.S. Department of Labor. JAN provides free advice on workplace accommodations and disability issues to workers and employers.
Also, employers do not have to lower their productivity standards for the worker, although an accommodation should help him complete work on time.
Equal Employment Opportunity Commission Guidance
The EEOC is responsible for enforcing employment rights under numerous federal nondiscrimination statutes including the ADA. As stated earlier, the EEOC regulations implementing the ADA were updated after the amendments made to the original statute in 2008. In agency has also issued guidance for employers on their duties and responsibilities to ensure that applicants and employees with intellectual disability are protected from discrimination in the workplace. The guidance, Questions & Answers about People with Intellectual Disability in the Workplace and the ADA, includes examples of numerous accommodations, some of which may be applicable for individuals with ASD. These include accommodations to the application process and to the performance of job tasks, including the use of a job coach. The guidance addresses the duty of the employer to initiate a conversation around the need for accommodation if it becomes obvious that one may be necessary regardless of whether the employee specifically requests one. It also discusses safety issues and the direct threat defense to employing an individual with disability.
Other EEOC documents referenced earlier in this paper are also valuable resources for employment related issues for individuals with ASD. The following have been updated where appropriate to reflect the ADA amendments made in 2008:
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The Canadian Human Rights Act
The Canadian Human Rights Act of 1977 protects Canadians from discrimination when they are employed by or receive services from:
- the federal government
- First Nations governments and
- private companies that are regulated by the federal government like banks, trucking companies, broadcasters and telecommunications companies.
People can turn to the Canadian Human Rights Act to protect themselves against harassment or discrimination that is based on one or more of the 11 grounds of discrimination. The Act prohibits discrimination based upon physical or mental disability.
Autism Diagnosis And Support
Diagnosis leads to better understanding, information and support, so, the earlier the better! Assessments are based on whether the person has persistent difficulties with social communication and social interaction and restricted and repetitive patterns of behaviours, activities or interests since early childhood, to the extent that these limit and impair everyday functioning. Early intervention is definitely a positive move, as there is a danger that those on the autistic spectrum can become isolated which increases the possibility of developing a mental health issue if left undiagnosed. Treatments are to be avoided, as there is no evidence to back them up. Support and understanding are the key factors in managing this challenging condition.
The National Autistic Society has a comprehensive page on strategies and approaches that can be taken to improve the lives of autistic people and their families.
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