Administrative Guideline - 2122c Comparative Analysis of Employment Related Provisions of ADA and Section 504

Issue

Section 504

ADA

Coverage

Covers only recipients of

Federal funds

Cover all employers with 25 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:

 

making facilities used

by employees readily

accessible and usable by

disabled persons

 

job restructuring,

part-time or modified

work schedules

 

No comparable provision

 

acquisition or modification of equipment or devices

 

No comparable provision

 

provision of readers or

interpreters

Reasonable Accommodation

may include:

 

making facilities

readily accessible

 

job restructuring,

part-time or modified

work schedules

 

reassignment to a vacant

position

 

acquisition or modification of equipment or devices

 

appropriate adjustment or

modifications of

examinations, training

materials or policies

 

provision of readers or

interpreters

Undue Hardship

Factors considered:

1) size of the organization and its budget

2) type of operation

3) nature and cost of accommodation

Factors considered:

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 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 handicap

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

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

 

Relationships or Associations

No comparable provision

Prohibits discrimination

based on relationship to or association with another disability