By Leonard Williams
Staff Attorney
Like all professionals, educators are, at times, affected by medical challenges ranging from relatively minor to serious. The Americans with Disabilities Act (ADA) was created to protect and assist those with disabilities on the job and in other areas of life.
The ADA was signed into law July 26, 1990. It is a federal civil rights law that prohibits discrimination against an individual with a disability in several areas of public life, including, but not limited to, employment, housing, public accommodations, and education.
An “individual with a disability” under the Act is defined as one with a physical or mental impairment that substantially limits one or more major life activities (e.g., walking, seeing, standing, etc.), having a record of such impairment, or being regarded as having such an impairment (even if it doesn’t necessarily limit a major life activity). Individuals with both “transitory and minor conditions” (i.e., minor conditions with a duration of six months or less) might not be considered disabled under the Act.
Under the ADA, an employer must provide a reasonable accommodation to a “qualified individual” (defined as one who can perform the essential functions of the job) with a disability.
Under the ADA, an employer must provide a reasonable accommodation to a “qualified individual” (defined as one who can perform the essential functions of the job) with a disability. A “reasonable accommodation” is defined as an alteration that accommodates an employee with a disability so they can perform the job without causing the employer undue hardship. Deference is usually given to the employer regarding which functions of the job are essential. A written job description, for example, may be considered evidence of which duties are essential. Which accommodation is implemented should be the result of an interactive process between the employee and employer. So long as the modification that is provided is reasonable, the employer will have satisfied its mandate under the law – even if it is not the employee’s preferred accommodation.
For educators who have a disability and need a reasonable accommodation to perform their duties: If your disability is not obvious, your first step should be to provide written notification of your disability to your employer. Next, contact your human resources department (HR) and inform it that you are requesting a reasonable accommodation for your disability under the ADA. If HR is not responsive, you should also submit that request in writing. Typically, there will be some paperwork you and your doctor(s) will be given to complete and submit. Your employer may also seek a second opinion from a medical professional of its choosing. If you believe that you are entitled to a reasonable accommodation under the ADA but your employer is refusing to provide one, you may need to file a grievance or other similar complaint according to local board policy or, ultimately, file a complaint with the United States Equal Employment Opportunity Commission (EEOC) for illegal employment discrimination based on a disability.
The ADA can be quite helpful to educators and other employees who may need adjustments to their work environments. If you have questions or concerns about the ADA or related matters, or should you need assistance with any legal issue related to your work as a Georgia educator, PAGE attorneys are here to help. Contact the PAGE legal department at 770-216- 8555 (and select option 1) or email us at legal@pageinc.org.
Leonard D. Williams is a PAGE staff attorney. A graduate of Georgia State University College of Law, Williams has a wealth of knowledge in and experience with education and employment law. Williams has served PAGE members since 2002.
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