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

Franklin City Schools

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

Reasonable
Accommodation
(cont'd)

No comparable provision

appropriate adjustment or modifications of examinations, training
materials or policies

provision of readers or interpreters

Undue Hardship

Factors considered:

size of the organization and
its budget

size of the
organization and its
budget

type of operation

nature and cost of
accommodation

nature and cost of accommodation

Drug and Alcohol
Use

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

	Issue		Section 504		ADA

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