3122C - COMPARATIVE ANALYSIS OF EMPLOYMENT RELATED PROVISIONS OF ADA AND SECTION 504

Upper Arlington City School District

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

Relationships or Associations			no comparable provision			Prohibits discrimination based on relationship to or association with another disability