| Menominee Intermediate School District |
| Administrative Guidelines |
3122C - COMPARATIVE ANALYSIS OF EMPLOYMENT RELATEDPROVISIONS OF ADA AND SECTION 504
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Issue |
Section 504 |
ADA_________________ |
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Coverage |
Covers only recipients of |
Covers all employers |
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Federal funds |
with 15 or more employees; |
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adds 2-year exemption for |
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employers with less than |
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25 employees |
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Definition of |
A disabled person who, |
An individual with a |
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"Qualified |
with "reasonable" |
disability who, with or |
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Individual with |
accommodation, can perform |
without reasonable |
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Disability" |
the essential functions of |
accommodation, can perform |
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the job |
the essential functions of |
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the employment position |
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Reasonable |
Reasonable Accommodation |
Reasonable Accommodation |
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Accommodation |
may include: |
may include: |
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making facilities used |
making facilities |
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by employees readily |
readily accessible |
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accessible and usable by |
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disabled persons |
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job restructuring, |
job restructuring, |
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part-time or modified |
part-time or modified |
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work schedules |
work schedules |
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No comparable provision |
reassignment to a vacant |
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position |
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acquisition or |
acquisition or |
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modification of equipment |
modification of equipment |
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or devices |
or devices |
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Issue |
Section 504 |
ADA_________________ |
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No comparable provision |
appropriate adjustment or |
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modifications of |
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examinations, training |
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materials or policies |
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provision of readers or |
provision of readers or |
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interpreters |
interpreters |
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Undue Hardship |
Factors considered: |
Factors considered: |
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1) size of the organization |
1) size of the organization |
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and its budget |
and its budget |
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2) type of operation |
2) type of operation |
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3) nature and cost of |
3) nature and cost of |
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accommodation |
accommodation |
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Drug and Alcohol |
Current drug use is not |
Current drug use is not |
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Use |
considered a disability |
considered a disability |
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Current alcohol abuse |
Current alcohol abuse |
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that prevents individual |
that prevents individual |
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from performing duties |
from performing duties |
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of the job or that |
of the job or that |
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constitutes direct |
constitutes direct |
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threat to property or |
threat to property or |
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safety of others is not |
safety of others is not |
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considered a disability |
considered a disability |
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Communicable |
Term "individual with |
Permits qualification |
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Diseases |
disabilities" excludes any |
standard requiring that |
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individual with a |
an individual with a |
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communicable disease which |
currently-communicable |
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would constitute a direct |
disease or infection not |
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threat to the health or |
pose a direct threat to |
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safety of others or which |
the health or safety of |
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renders the individual |
others |
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unable to perform the job |
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Relationships |
No comparable provision |
Prohibits discrimination |
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or Associations |
based on relationship to |
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or association with |
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another disability |