Menominee Intermediate School District
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 perform

without reasonable

Disability"

the essential functions of

accommodation, can perform

 

the job

the essential functions of

   

the employment position

     

Reasonable

Reasonable Accommodation

Reasonable Accommodation

Accommodation

may include:

may include:

     
 

making facilities used

making facilities

 

by employees readily

readily accessible

 

accessible and usable by

 
 

disabled persons

 
     
 

job restructuring,

job restructuring,

 

part-time or modified

part-time or modified

 

work schedules

work schedules

     
 

No comparable provision

reassignment to a vacant

   

position

     
 

acquisition or

acquisition or

 

modification of equipment

modification of equipment

 

or devices

or devices

Issue

Section 504

ADA_________________

     
 

No comparable provision

appropriate adjustment or

   

modifications of

   

examinations, training

   

materials or policies

     
 

provision of readers or

provision of readers or

 

interpreters

interpreters

     

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 disability

considered a disability

     
 

Current alcohol abuse

Current alcohol abuse

 

that prevents individual

that prevents individual

 

from performing duties

from performing duties

 

of the job or that

of the job or that

 

constitutes direct

constitutes direct

 

threat to property or

threat to property or

 

safety of others is not

safety of others is not

 

considered a disability

considered a disability

     

Communicable

Term "individual with

Permits qualification

Diseases

disabilities" excludes any

standard requiring that

 

individual with a

an individual with a

 

communicable disease which

currently-communicable

 

would constitute a direct

disease or infection not

 

threat to the health or

pose a direct threat to

 

safety of others or which

the health or safety of

 

renders the individual

others

 

unable to perform the job

 
     

Relationships

No comparable provision

Prohibits discrimination

or Associations

 

based on relationship to

   

or association with

   

another disability