Van Buren 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 handicapped 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

 
 

handicapped 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 examina-

   

tions, 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 handicap

considered a disability

   
 

Current alcohol abuse

Current alcohol abuse

 

that prevents an individual

that prevents an 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 handicap

considered a disability

   

Communicable

Term "individual with

Permits qualification standard

Diseases

handicaps" excludes any

requiring that an individual

 

individual with a

with a currently communicable

 

communicable disease which

disease or infection not pose

 

would constitute a direct

a direct threat to the health

 

threat to the health or

or safety of others

 

safety of others or which

 
 

renders the individual

 
 

unable to perform the job

 
   

Relationships

No comparable provision

Prohibits discrimination based

or Associations

 

on relationship to or assoc-

   

iation with another disability