Diversity Day presentations feature Americans with Disabilities Act, ADA Amendments Act

  • Published
  • By Meredith March
  • 66th Air Base Wing Public Affairs
HANSCOM AIR FORCE BASE, Mass. --  Hanscom's Equal Opportunity Office recently sponsored two Diversity Day information sessions featuring Chief Administrative Judge Kenneth W. Chu of the U.S. Equal Employment Opportunity Commission New York District Office.

During the sessions, held March 26, Judge Chu discussed the Americans with Disabilities Act and subsequent ADA Amendments Act, which took effect in January. The judge primarily focused on implications of the amendments' expanded definitions of disability and major life activities and the roles of both employer and employee in creating a productive work environment for qualified individuals with disabilities.

The ADAAA, which was negotiated by business and disability groups to ensure fairness both for businesses and individuals, Judge Chu said, defines a disability as:
· A physical or mental impairment that substantially limits a major life activity:
· A record of such an impairment;
· Being regarded as having such an impairment.

Major life activities, according to the ADA, include caring for oneself, seeing, hearing, standing, walking, lifting, speaking, concentrating, communicating and working, the judge said. However, the ADAAA expanded the definitions to include the operation of major bodily functions, such as immune system, cell growth, digestive, neurological, respiratory, circulatory, endocrine and reproductive functions.

Under the ADA and ADAAA, unless doing so will cause undue hardship to a program or agency, employers are required to make reasonable accommodations for qualified employees with disabilities. Reasonable accommodations can include acquiring assistive devices, offering flexible work schedules, authorizing use of accrued and unpaid leave, restructuring job descriptions and reassigning the employee to a vacant position that is more suitable to his or her needs.

In order to be eligible for an accommodation, an employee must alert their supervisor of the disability and be able to provide documentation, Judge Chu said. The employee and supervisor should then discuss available options and determine actions that can be taken to accommodate both the employee's and business' needs. If a supervisor cannot authorize a requested accommodation, he or she must offer alternatives, the judge said.

"The important thing to remember, however, is that the employee must be qualified to do the job in order to be eligible for reasonable accommodations," Judge Chu said. "If an employee's disability actually renders him or her unqualified to execute their job, the employer is no longer bound to offer accommodations. An employee must be able to do their job."

For more information contact the Equal Opportunity Office at (781) 377-0231.