Decatur County Community Schools
Administrative Guidelines
 

4122C - COMPARATIVE ANALYSIS OF EMPLOYMENT RELATED PROVISIONS OF ADA AND SECTION 504

Issue

 

Section 504

 

ADA

         

Coverage

 

Covers only recipients of Federal funds

 

Covers all employers with 15 or more employees; adds 2-year exemption for employers with less than 25 employees

 

Definition of "Qualified Individual with Disability"

 

A disabled person who, with "reasonable" accommodation, can perform the essential functions of the job

 

An individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position

 

Reasonable Accommodation

 

Reasonable Accommodation may include:

 

Reasonable Accommodation may include:

 
   

making facilities used by employees readily accessible and usable by disabled persons

 

making facilities readily accessible

 
   

job restructuring, part-time or modified work schedules

 

job restructuring, part-time or modified work schedules

 
   

No comparable provision

 

reassignment to a vacant position

 
   

acquisition or modification of equipment or devices

 

acquisition or modification of equipment or devices

Issue

 

Section 504

 

ADA

         
   

No comparable provision

 

appropriate adjustment or modifications of examinations, training materials or policies

 
   

provision of readers or interpreters

 

provision of readers or interpreters

 

Undue Hardship

 

Factors considered:

 

Factors considered:

 
   

1) size of the organization
and its budget
2) type of operation
3) nature and cost of
accommodation

 

1) size of the organization
and its budget
2) type of operation
3) nature and cost of
accommodation

 

Drug and Alcohol Use

 

Current drug use is not considered a disability

 

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

 

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

 

Communicable Diseases

 

Term "individual with disabilities" excludes any individual with a communicable disease which would constitute a direct threat to the health or safety of others or which renders the individual unable to perform the job

 

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

Issue

 

Section 504

 

ADA

         

Relationships or Associations

 

No comparable provision

 

Prohibits discrimination based on relationship to or association with another disability

© Neola 2011