| Southern Local School District |
| Administrative Guidelines |
3122C - COMPARATIVE ANALYSIS OF EMPLOYMENT RELATED PROVISIONS OF ADA AND SECTION 504
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Issue |
Section 504 |
ADA |
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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 |
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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 |
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Reasonable Accommodation |
Reasonable Accommodation may include: |
Reasonable Accommodation may include: |
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making facilities used by employees readily accessible and usable by disabled persons |
making facilities readily accessible |
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job restructuring, part-time or modified work schedules |
job restructuring, part-time or modified work schedules |
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no comparable provision |
reassignment to a vacant position |
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acquisition or modification of equipment or devices |
acquisition or modification of equipment or devices |
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no comparable provision |
appropriate adjustment or modifications of examinations, training materials or policies |
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provision of readers or interpreters |
provision of readers or interpreters |
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Issue |
Section 504 |
ADA |
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Undue Hardship |
Factors considered: |
Factors considered: |
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1) |
size of the organization and its budget |
1) |
size of the organization and its budget |
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2) |
type of operation |
2) |
type of operation |
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3) |
nature and cost of accommodation |
3) |
nature and cost of accommodation |
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Drug and Alcohol Use |
Current drug use is not considered a disability |
Current drug use is not considered a disability |
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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 |
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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 |
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Relationships or Associations |
No comparable provision |
Prohibits discrimination based on relationship to or association with another disability |
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