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ISSUE
Coverage
Definition of "Qualified Individual with Disability"
Reasonable Accommodation
Undue Hardship
Drug and Alcohol Use
Communicable
Relationships or Associations |
SECTION 504
Covers only recipients of Federal funds
A disabled person who, with "reason-able" accommodation, can perform the essential functions of the job
Reasonable accommodation may include:
Making facilities used by employees readily accessible and usable by disabled persons
Job restructuring, part-time or modified work schedules
No comparable provision
Acquisition or modifications of equip-ment or devices
No comparable provision
Provision of readers or interpreters
Factors considered:
1. Size of the organization and its
budget
2. Type of operation
3. Nature and cost of accommo-
dation
Current drug use is not considered a disability
Current alcohol abuse that prevents individual from performing duties of the job or that constitutes direct threat to property or safety of others is not considered a disability
Term "individual with disabilities" excludes any individual with a com-municable disease which would con-stitute a direct threat to the health or safety of others or which renders the individual unable to perform the job.
No comparable provision |
ADA
Covers all employers with 15 or more employees; adds 2-year exemption for employers with less than 25 employees
An individual with a disability who, with or without reasonable accom-modation, can perform the essential functions of the employment position
Reasonable accommodation may include:
Making facilities readily accessible
Job restructuring, part-time or modified work schedules
Reassignment to a vacant position
Acquisition or modification of equip-ment or devices
Appropriate adjustment or modifica-tions of examinations training materials or policies
Provision of readers or interpreters
Factors considered:
1. Size of the organization and its
budget
2. Type of operation
3. Nature and cost of accommo-
dation
Current drug use is not considered a disability
Current alcohol abuse that prevents individual from performing duties of the job or that constitutes direct threat to property or safety of others is not considered a disability
Permits qualification standard requiring that an individual with a currently communicable disease or infection not pose a direct threat to the health or safety of others.
Prohibits discrimination based on relationship to or association with another disability
Approved/Adopted: July 13, 2009
Revised: August 29, 2011 |
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