John Glenn School Corporation
Administrative Guidelines
 

3122C - COMPARATIVE ANALYSIS OF EMPLOYMENT RELATEDPROVISIONS OF ADA AND SECTION 504

Issue

 

Section 504

 

ADA

         

Coverage

 

Covers only recipients of

 

Covers all employers

   

Federal funds

 

with 15 or more employees;

       

adds 2-year exemption for

       

employers with less than

       

25 employees

         

Definition of

 

A disabled person who,

 

An individual with a

"Qualified

 

with "reasonable"

 

disability who, with or

Individual with

 

accommodation, can

 

without reasonable

Disability"

 

perform the essential

 

accommodation, can

   

functions of the job

 

perform the essential

       

functions of the employment

       

position

         

Reasonable

 

Reasonable Accommodation

 

Reasonable Accommodation

Accommodation

 

may include:

 

may include:

         
   

making facilities used by

 

making facilities readily

   

employees readily

 

accessible

   

accessible and usable by

   
   

disabled persons

   
         
   

job restructuring, part-time

 

job restructuring, part-time

   

or modified work schedules

 

or modified work schedules

         
   

No comparable provision

 

reassignment to a vacant

       

position

         
   

acquisition or modification

 

acquisition or modification

   

of equipment or devices

 

of equipment or devices

         
   

No comparable provision

 

appropriate adjustment or

       

modifications of

       

examinations, training

       

materials or policies

         
   

provision of readers or

 

provision of readers or

   

interpreters

 

interpreters

Issue

 

Section 504

 

ADA

         

Undue Hardship

 

Factors considered:

 

Factors considered:

         
   

1)

size of the organization

 

1)

size of the organization

     

and its budget

   

and its budget

   

2)

type of operation

 

2)

type of operation

   

3)

nature and cost of

 

3)

nature and cost of

     

accommodation

   

accommodation

         

Drug and Alcohol

 

Current drug use is not

 

Current drug use is not

Use

 

considered a handicap

 

considered a disability

         
   

Current alcohol abuse

 

Current alcohol abuse that

   

that prevents individual

 

prevents individual from

   

from performing duties of

 

performing duties of the job

   

the job or that constitutes

 

or that constitutes direct

   

direct threat to property or

 

threat to property or safety

   

safety of others is not

 

of others is not considered a

   

considered a handicap

 

disability

         

Communicable

 

Term "individual with

 

Permits qualification

Diseases

 

disabilities" excludes any

 

standard requiring that an

   

individual with a

 

individual with a

   

communicable disease

 

currently-communicable

   

which would constitute a

 

disease or infection not pose

   

direct threat to the health

 

a direct threat to the health

   

or safety of others or which

 

or safety of others

   

renders the individual

   
   

unable to perform the job

   
         

Relationships

 

No comparable provision

 

Prohibits discrimination

or Associations

     

based on relationship or

       

association with another

       

disability