Americans with Disabilities Act & Affirmative Action Tony Yardley
ADA History
ADA Definitions ADA Prohibits Discrimination Qualified Individuals Employee or Applicant: Can perform the essential functions of the job With or w/out reasonable accommodation Employer can not show Undue Hardship DISABILITY: 1 Physical or mental impairment that substantially limits a major life activity 2 Record of impairment 3 Regarded as having such an impairment
ADA, as Amended 2008 Essential Functions
ADA, as Amended 2008 Expansion: Major Life Activities & Major Bodily Functions Major Life Activities Caring for oneself Manual tasks Seeing Hearing Eating Sleeping Walking Standing Lifting Bending Major Bodily Functions Functions of immune system Normal cell growth Digestive Bowel Bladder Neurological Brain Respiratory Circulatory Endocrine Reproductive
ADA, as Amended 2008 Expansion: Conditions Virtually Always a Disability Deafness Intellectual Disability Diabetes Muscular Dystrophy Blindness Cancer Autism
ADA, as Amended 2008 Expansion: Conditions Virtually Always a Disability Cerebral Palsy Epilepsy Multiple Sclerosis Partial or Missing Limbs Major Depressive Disorder Bi-Polar Disorder PTSD, OCD, Schizophrenia
ADA, as Amended 2008 Accommodations: Facts
ADA, as Amended 2008 Accommodations: Facts
ADA, as Amended 2008 Accommodations: Facts
ADA, as Amended 2008 Accommodations: JAN Study
ADA, as Amended 2008 Accommodations: Examples Modify Schedules and Leave Time Gastrointestinal Chronic Fatigue Modify Policies Hats in the workplace Service Animals Purchase or Modify Equipment/Services Snake Phobia Circulatory Problems Reassignment as a Last Resort Emergency Room Nurse
ADA, as Amended 2008 Accommodations
ADA, as Amended 2008 Accommodations
ADA, as Amended 2008 Accommodations
ADA, as Amended 2008 Accommodations: Interactive Process Interactive Process Accommodation Request Identify barriers to essential job functions Identify possible accommodations to overcome barriers Assess reasonableness of accommodations Assess undue hardship Choose appropriate accommodation
ADA, as Amended 2008 Accommodations: FAQ 1 How can we treat individuals with disabilities differently? 2 The other employees are complaining. What do I tell them? 3 Isn t this accommodation an undue hardship? 4 What if the employee can not perform the job safely? 5 Are we required to agree to every request by the employee?
Affirmative Action
Affirmative Action Definitions 1 Equal Employment Opportunity 2 Affirmative Action & AAP 3 Job Groups 4 Availability Analysis 5 Underutilization 6 Placement Goals 7 Outreach Activities
Affirmative Action Laws
Affirmative Action Gender Demographics Student Gender Demographics Faculty & Staff Gender Demographics 100% 80% 80% 60% 40% 20% 60% 40% 20% 0% Female Male 87.70% 12.30% 0% Female Male 75.50% 24.50%
Affirmative Action Minority Demographics Student Minority Demographics Faculty & Staff Minority Demographics 80% 80% 60% 60% 40% 40% 20% 20% 0% African Hispanic White Asian Other American 20% 22.10% 44.10% 9.30% 4.00% 0% African Hispanic White Asian Other American 9.47% 12.03% 72.24% 4.78% 1.48%
Affirmative Action Utilization & Placement Goals: Example Job Group Name Clerical-Secretarial Employees: 52 Total Total Male Total Fem Total Fem % Total Min Total Min % Current Utilization 52 2 50 96.2% 11 21.2% 6 11.5% 3 5.8% 0 0.0% 2 3.8% Availability 48.6 93.5% 11.7 22.5% 3.5 6.7% 6.1 11.8% 1.4 2.6% 0.2 0.4% Total Black Total Black % Underutilization -1.4 No 0.7 Yes** -2.5 No 3.1 Yes 1.4 Yes -1.8 No Placement Goal 0 0 0 3 1 0 Total Hisp Total Hisp % Total API Total API % Total AIA Total AIA %
Affirmative Action Affirmative Action Plans Denton & Dallas 25 Job Groups Total Female Placement Goals: 6 Total Minority Placement Goals: 62 Houston 8 Job Groups Total Female Placement Goals: 0 Total Minority Placement Goals: 4
Affirmative Action Risk
Affirmative Action Conclusions/Challenges 1 Overall strong female utilization in Denton/Dallas and Houston 2 Minority underutilization in 11 of 25 job groups in Denton; 1 of 8 Houston 3 Overall strong minority utilization in Houston 4 Increase good faith efforts/outreach activities to achieve placement goals for minorities & women 5 Increase veterans hiring to achieve 7% Goal 6 Increase individuals with disabilities hiring to achieve 7% Goal
Affirmative Action Outreach Activities
Affirmative Action Solutions/Next Steps Education and training Provide underutilization and placement goals information to hiring managers Reporting for administration under development Online recruitment assistance
Affirmative Action Solutions/Next Steps Utilize specialized minority and women recruitment advertising for problem areas Meetings and targeted recruitment plans to increase the success of goal progress Hiring managers increase outreach activities Ensure discrimination is not occurring in hiring processes
Thank you! For your attention