Americans with Disabilities Act

1. Americans with Disabilities Act

2. Welcome • This training course was developed by WeComply, a leading provider of ethics and compliance training since 1999. The course is also available online from any Internet-connected computer. • WeComply offers 60+ courses on a wide range of business ethics and compliance topics. Each course helps employees spot key compliance issues and respond appropriately. • This course is designed and licensed for classroom use in parallel with WeComply's online course on the same topic. This course may not be hosted on a learning management system or distributed to employees individually by electronic or other means without WeComply's prior authorization. • For more information about this course or others, whether for classroom use or online access, please e-mail info@wecomply.com or call 1-866-WeComply.

3. Introduction • Thank you for participating in our Americans with Disabilities Act (ADA) training course. This course will help you recognize situations that raise ADA issues and assist you in dealing with these issues effectively. • Keep in mind that this material is provided for informational purposes only and is not intended as legal advice. If you have questions about how any of this material applies to your job responsibilities, please direct them to your supervisor. 1 of 26

4. Overview • ADA was enacted in 1990 and revised substantially effective January 1, 2009 • It prohibits employers from — • Discriminating against qualified persons with disabilities • Discriminating against employees who have relationship with disabled person based on relationship • Retaliating against anyone who participates in charge of disability-based discrimination • ADA requires employers to make reasonable accommodation for persons with disabilities 2 of 26

5. Persons with Disabilities • ADA applies to persons with disabilities who can perform essential functions of job, with or without reasonable accommodation • Person with disability is someone who — • Has physical or mental impairment that substantially limits one or more major life activities • Has record of such impairment, or • Is regarded as having such impairment • Congress: Definition of "disability" is broad, and determination should not "demand extensive analysis" 3 of 26

6. Persons with Disabilities (Cont’d) • ADA applies to persons with disabilities who can perform essential functions of job, with or without reasonable accommodation • Person with disability is someone who — • Has physical or mental impairment that substantially limits one or more major life activities • Has record of such impairment, or • Is regarded as having such impairment • Congress: Definition of "disability" is broad, and determination should not "demand extensive analysis" 4 of 26

7. Persons with Disabilities (Cont’d) • ADA applies to persons with disabilities who can perform essential functions of job, with or without reasonable accommodation • Person with disability is someone who — • Has physical or mental impairment that substantially limits one or more major life activities • Has record of such impairment, or • Is regarded as having such impairment • Congress: Definition of "disability" is broad, and determination should not "demand extensive analysis" 5 of 26

8. Impairments • Impairment is a physical or mental disorder • It does not include — • Normal physical characteristics • Conditions that are not the result of a disorder • Personality traits • Homosexuality/bisexuality • Socio-economic disadvantages 6 of 26

9. Pop Quiz! • True or False: Whether something is considered an impairment under the ADA can depend on its cause. • True. • False. 7 of 26

10. Major Life Activities • Individual must have impairment that substantially limits one or more major life activities to be considered disabled • Major life activities include — • Activities that an average person can perform with little or no difficulty • Neurological/brain activities — e.g., thinking, learning, concentrating, communicating • Major bodily functions • Determination must be made without considering whether person has aids to lessen impairment's effects 8 of 26

11. Major Life Activities (Cont’d) • Individual must have impairment that substantially limits one or more major life activities to be considered disabled • Major life activities include — • Activities that an average person can perform with little or no difficulty • Neurological/brain activities — e.g., thinking, learning, concentrating, communicating • Major bodily functions • Determination must be made without considering whether person has aids to lessen impairment's effects 9 of 26

12. Records and Perceptions of a Disability • Individuals who do not actually have an impairment may still qualify for ADA protection: • People on record as having a disability — e.g., someone who has been cured of cancer or is in remission • People "regarded as" having a disability — e.g., person who is fired because of disfiguring scars • Employers need not provide reasonable accommodation to people who are only "regarded as" having disability 10 of 26

13. Essential Job Functions • ADA does not require employers to hire or retain unqualified disabled people • Disabled person must have right educational/professional background and be able to perform essential functions • Whether a function is essential depends on — • How much time must be spent performing the function • Consequences of removing the function • Whether there are limited people available to perform that function • If function is non-essential or incidental, disabled person's inability to perform it cannot be used to disqualify him/her 11 of 26

14. Pop Quiz! • Pete is a word processor. He, along with a lot of other co-workers, occasionally answers the phone while Lori, the receptionist, is at lunch or out for a smoke. Is answering the phone an essential function of Pete's word processing position? • Yes, because the phones must be answered when Lori is out. • No, because it is incidental to the position. • No, because data entry is the essential function. 12 of 26

15. Reasonable Accommodation • Some qualified, disabled persons may require reasonable accommodation • Work environment or job must be modified to enable job performance, e.g. — • Making facilities more accessible • Reassigning employee to vacant position • Providing reader or interpreter • Allowing part-time or modified work schedule • Job restructuring • Acquiring or modifying equipment • Need for accommodation may arise any time a person's disability or job changes 13 of 26

16. Undue Hardship • We must look to abilities/limitations of employee and job requirements to determine appropriate accommodation • Goal is effective, reasonable accommodation that — • Is related to disability • Is not primarily for personal use — e.g., eyeglasses • Would not impose "undue hardship" on business operations • Fact that cost of accommodation is high in comparison to employee's salary is not considered in determination of undue hardship 14 of 26

17. ADA Settlement Sets New Record • Retailer To Pay $6.2 Million To Settle “Accommodation” Charges • Sears Holdings Corp. agreed to pay a record-breaking $6.2 million to settle an Americans with Disabilities Act (ADA) case with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC alleged that Sears and Kmart stores had an inflexible leave policy and fired more than 100 workers instead of providing them with reasonable accommodation of their disabilities in violation of the ADA. The settlement also requires that Sears change its workers'-compensation leave policy, provide status reports and improve employee training. 15 of 26

18. Qualification Standards • ADA does not require us to lower productivity or quality standards for disabled employees • Standards we use must not have discriminatory purpose and must be applied equally to all employees in same job • Standard tending to screen out individuals because of their disabilities must be — • Job-related • Consistent with business necessity • Disabled employees cannot be screened out if they could satisfy the standards with reasonable accommodation 16 of 26

19. Safety Standards • Company may set employee-qualification standards necessary to protect public and other employees from direct threats to health and safety • Standards must — • Present specific, current and significant risk of substantial harm • Allow for reasonable accommodation to reduce risk to acceptable level • Federal or state regulations may restrict how company implements its standards 17 of 26

20. The Hiring Process • Employers must provide reasonable accommodations to ensure that everyone has equal opportunity in hiring process • Required accommodations may include — • Wheelchair-accessible interviewing facilities • Sign-language interpreter for deaf applicants • Reader for applicants with dyslexia who are asked to take written test • Hiring process must focus on applicant's abilities — not possible disabilities • Process should address ability of applicant to perform essential job functions, with or without accommodation 18 of 26

21. Pop Quiz! • Ted is interviewing John for a position that requires heavy lifting. Another person who Ted hired quit after having back problems, and he wants to avoid the same issue with John. Which of the following questions would be acceptable to ask? • Have you ever had a back injury? • Do you take any pain medication? • Are you able to lift 60 pounds? • Has your spine even been x-rayed? 19 of 26

22. The Hiring Process (Cont’d) • Limit questions about attendance to — • Previous work-attendance records • Whether applicant feels he/she will be able to meet attendance policy • We may ask applicant to demonstrate how he/she will perform job functions only if — • Everyone applying for job is asked, or • Applicant has known disability that would appear to interfere with/prevent performance of job-related function • If we use tests to determine whether applicant meets job-related qualification standards, we must use them with all applicants 20 of 26

23. Medical Exams and Questions • We may require prospective employees to undergo medical exams or ask them medical questions only if it is — • Related to job performance • Done after conditional job offer is made • Required for all entering employees in same job class • Before withdrawing conditional offer, we must determine that there is no reasonable accommodation that would allow the prospective employee to perform essential functions of job efficiently and safely • Decision to withdraw conditional offer must be job-related and consistent with business necessity 21 of 26

24. Medical Exams and Questions (Cont’d) • We may require prospective employees to undergo medical exams or ask them medical questions only if it is — • Related to job performance • Done after conditional job offer is made • Required for all entering employees in same job class • Before withdrawing conditional offer, we must determine that there is no reasonable accommodation that would allow the prospective employee to perform essential functions of job efficiently and safely • Decision to withdraw conditional offer must be job-related and consistent with business necessity 22 of 26

25. The ADA on the Job • ADA applies to all aspects of the job • Employees must have equal access to — • Training • Employer-sponsored social functions • Break rooms • Other non-work facilities that company provides 23 of 26

26. Doctor’s Notes No Excuse • Jury Awards Patient $400,000 for Failure To Provide Interpreter • A jury awarded a woman $400,000 in an ADA suit against a New Jersey doctor who failed to provide a sign-language interpreter during her year-and-a-half treatment for lupus. The doctor, a solo practitioner, argued that the interpreter was too expensive, so he was entitled to rely instead on notes that he exchanged with the patient with the help of family members. The patient claimed that she did not have a complete understanding of her treatment and was denied equal opportunity to full participation in her medical care. 24 of 26

27. Evaluations and Promotions • Employees with disabilities should be held to same performance standards as others in same position • Employees who require accommodation should be evaluated on ability to perform essential job functions with the accommodation • When addressing employee performance issues — • Focus on facts • Don't try to diagnose disability that may or may not be cause of performance problems • Employees with disabilities should receive equal consideration for advancement 25 of 26

28. Final Quiz 26 of 26

29. About WeComply • WeComply is a leading provider of customized ethics and compliance training solutions. We are committed to providing the best-of-breed training content, technology and customer service. • Specializing in ethics and compliance training since 1999 • 60+ ethics and compliance training courses in 42 languages • Content partners include the Association of Corporate Counsel (ACC), Proskauer Rose and White & Case • 500+ clients of all sizes and in all industries 1-866-WeComply

30. Course-Delivery Options • WeComply offers training courses in multiple delivery formats to reach all employees -- not just those with computers: 1-866-WeComply • Online – available 24/7 from any computer • Mobile – tablets and smartphones • Offline optionswhen Internet access is unavailable: • PowerPointwith presenter notes for classroom training • PDF booklets with tear-off certifications • CD-ROM/intranetwith tracking via e-mail • Phone-based training and certification

31. Online Training Benefits • While classroom training has certain advantages, it can be challenging to implement in large and/or geographically dispersed companies. Consider these advantages of online training: • Better Attendance • Higher Completion Rates • Less Impact on Productivity • Perfect for New Hires • Convenient for Remote Locations • Available in 42 Foreign Languages • Easy Access to Courses • Periodic Refreshers Blended Benefits Get the best of both worlds by providing classroom training where feasible and online training elsewhere – all centrally tracked and organized for easy monitoring and reporting.