Van Buren Intermediate School District
Administrative Guidelines
 

4122C - COMPARATIVE ANALYSIS OF EMPLOYMENT RELATEDPROVISIONS 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 handicapped 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
handicapped 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
2) type of operation
3) nature and cost of
accommodation

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

Drug and Alcohol Use

Current drug use is not considered a handicap

Current drug use is not considered a disability
 

Current alcohol abuse that prevents an individual from performing duties of the job or that constitutes direct threat to property or safety of others is not considered a handicap

Current alcohol abuse that prevents an 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 handicaps" 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

Issue

Section 504

ADA
 

Relationships or Associations

No comparable provision

Prohibits discrimination based on relationship to or association with another disability