Oregon-Davis School Corporation
Administrative Guidelines
 

3122C - 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

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 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

Issue

Section 504

ADA

 

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

 

Relationships or
Associations

No comparable provision

Prohibits discrimination based on relationship to or association with another disability

© Neola 2011