Louisiana Department of Transportation and Development
Secretary's Policy and Procedures Memorandum

PPM No: 18Subject: Americans with Disabilities Act
Effective Date: August 15, 1994Revision Date: July 1, 2002

Instructions: This memorandum supersedes all other memoranda and manuals.

1. BACKGROUND.

a. The Americans with Disabilities Act (ADA) is a comprehensive federal law that addresses discrimination against disabled individuals in the areas of employment, public accommodations, public services, public transportation, and telecommunications.

b. This policy will address the following three titles of the act with which the Department of Transportation and Development (DOTD) must comply:

(1) Title I - prohibits employers from discriminating against qualified individuals with disabilities, when making employment decisions such as employment, compensation, training, promotions, and termination. Employers are further required to provide "reasonable accommodations" which will permit the disabled to work and advance in their careers. Finally, employers are required to assess a disabled individual's ability to perform the "essential functions" of the specific job held or applied for by the disabled individual. (Title I is enforced by the U.S. Equal Employment Opportunity Commission and the U.S. Attorney General.)

(2) Title II - prohibits discrimination against the disabled who use programs or services provided by state and local governments. Because disabled individuals cannot be denied the opportunity to participate in, or benefit from, services or programs, access is the key. Architectural barriers must be removed and auxiliary aids and services provided. Communications with disabled applicants, participants, and the public must be as effective as communications with others. (Title II is enforced by U.S. Department of Transportation and the U.S. Attorney General.)

(3) Title V - prohibits retaliation against any individual who files a claim under the provisions of the ADA.

2. DEFINITIONS.

a. Disability, with respect to an individual, means the following:

(1) A physical or mental impairment that substantially limits one or more of the major life activities.

(2) A record of such impairment.

(3) Being regarded as having such an impairment.

b. Impairment: Any physiological, mental, or psychological disorder or condition which substantially limits "major life activities," such as walking, seeing, speaking, hearing, breathing, learning, or working. Examples range from obvious impairments such as orthopedic and muscular disorders requiring wheelchairs or other equipment to perhaps less obvious impairments such as cancer, heart disease, epilepsy, diabetes, alcoholism, learning disorders, communicable diseases, and psychoses.

c. Substantially limits means the following:

(1) Unable to perform a major life activity that the average person in the general population can perform.

(2) Significantly restricted as to the condition, manner, or duration under which an individual can perform a major life activity as compared to the general population.

d. Essential job functions are those job tasks that are fundamental and primary to the position. Functions are deemed essential as follows:

(1) The reason the position exists is to perform that function.

(2) There are a limited number of employees available within the work unit among whom the performance of that function may be distributed.

e. Reasonable accommodation is a modification or adjustment to a job, the work environment, or the manner in which duties are performed that enables a qualified individual, with a known disability, to enjoy an equal employment opportunity.

f. Undue hardship, in relation to a reasonable accommodation, is an action that would result in "significant difficulty or expense" when considered in light of factors, such as the size of the employer, the resources available, and the nature of the operation.

g. Direct threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.

3. POLICY PROVISIONS.

a. With respect to the employment provisions (Title I) of the ADA, DOTD will ensure that disabled applicants and employees are afforded equal opportunity in all areas of employment. Appointing authorities and designated supervisors are responsible for compliance with the following guidelines.

(1) Recruiting.

(a) The official job description (Standard Form 3) for the position being filled will be reviewed and updated, if necessary, to reflect essential job duties. Interview questions will be based on the applicant's ability to perform the essential functions, with or without reasonable accommodations.

(b) Job Notices or advertisements posted or published to recruit applicants will contain the essential job duties as previously defined, including job-related physical requirements.

(c) When scheduling employment interviews by letter, the following statement will be included: "If you are disabled and need special accommodations, please contact (appropriate person) at (telephone number and address) upon receipt of this letter."

(d) Applicants should have physical access to areas where applications are accepted. Disabled applicants may also be assisted in the completion of the application.

(2) Hiring.

(a) Interview questions must focus on an individual's ability to perform job duties. Interviewers cannot ask questions regarding an applicant's disabilities, prior workers' compensation claims, or history of mental impairments. Interviewers may ask applicants to describe or to demonstrate how they would perform all job duties, provided inquiries are specifically tailored to the position and all applicants are asked the same questions.

(b) When requested, interviewers must arrange for special accommodations to facilitate the interview. (Sign language interpreters may be secured by contacting the Human Resources Section at Headquarters.) Appointing authorities may not refuse to consider an applicant with a disability, because the applicant's disability prevents him/her from performing non-essential (or marginal) job duties.

(c) Appointing authorities should make known to disabled applicants this agency's willingness to accommodate applicants.

(d) Medical examinations may only be conducted after the employment offer is made. The employment offer may not be withdrawn, however, unless reasons are job-related and consistent with business necessity. (The district or headquarters' Human Resources staff must submit a copy of the updated job description or list of essential functions and a list of physical requirements/conditions to the examining physician to facilitate his/her assessment of an individual's eligibility for employment.) An individual may only be denied employment, when the individual's employment poses a direct threat to the health or safety of others, and the threat cannot be eliminated by reasonable accommodation. This determination, made on a case-by-case basis, must include an analysis of the following:

1 Identify specific, significant, current risk of substantial harm (not a speculative or remote risk).

2 Document risk by objective medical or other factual evidence regarding the particular individual and the particular job.

3 Determine whether the risk can be eliminated or reduced by reasonable accommodation.

4 All medical information gathered will be held strictly confidential and maintained in separate, confidential employee records. Existing employees may be subjected to medical examinations, only when the employee is having difficulties performing his/her assigned job duties, and the employee indicates the difficulties are due to a disability.

(3) Reasonable accommodations must be made for qualified individuals with disabilities. It is the applicant's or employee's responsibility to notify his/her appointing authority that an accommodation is needed. Determining the type of accommodation required is a joint decision made between the appointing authority and the individual and must be made on a case-by-case basis. Type of accommodations to consider includes the following:

(a) facility accessibility.
(b) modified work schedules.
(c) reassignment of marginal job duties to others.
(d) reassignment to a vacant position for which the employee qualifies.
(e) demotion, if no comparable position is available.
(f) provision of equipment, devices, or access to assist disabled individuals, such as Telecommunications Device for Deaf Persons (TDD), telephone amplifiers, qualified interpreters or readers, Brailled materials, and physical modifications to the workplace.

(4) Training and Communications.

(a) New and existing employees must enjoy the same employment benefits as others. Appointing authorities will ensure that training opportunities and communications with disabled employees are equivalent to that offered to other employees. The DOTD training facilities, as well as any outside facility used for training, must be accessible. Promotional decisions will be made based on employees' merit and ability to perform the essential functions of the job.

(b) With respect to Title II of the ADA governing the provision of services by public agencies, DOTD will take all steps necessary to ensure that the services provided are made accessible to disabled individuals. Architectural barriers will be removed in accordance with established regulations and budget. Additionally, appointing authorities are to ensure compliance with the following regulations:

(1) Rest areas, ferry transportation, and other public services will provide the disabled with the same levels of service provided to the general public. Appointing authorities, as well as any involved employee, will ensure that no disabled individual is excluded from participation in or is denied benefits of the services, programs, or activities of DOTD, because facilities are inaccessible or unusable.

(2) Public hearings are to be held in accessible sites. Public notices will contain the statement included in 3a.(1)(c) above. Requests for reasonable accommodations, such as an interpreter at public hearings, will be granted.

(3) Telecommunication Devices for Deaf Persons (TDD's) will be made available to communicate with individuals with impaired hearing or speech.

(4) The existence and location of accessible services, activities, and facilities will be made known to individuals with impaired vision or hearing.

(5) Signage will be provided at all entrances and exits to facilities, directing users to accessible entrances, facilities, and equipment.

(6) Disabled individuals will be provided with equal amenities, i.e., accessible entrances, restrooms, drinking fountains, parking and drop-off areas, elevators to reach upper floors, operable doors, public telephones, etc.

4. GRIEVANCE PROCESS.

Employees who believe they have been discriminated against due to a covered disability may file a complaint with the Department's Headquarters’ Human Resources (HR) Section, the Equal Employment Opportunity Commission, or the Civil Service Commission. (Procedures for filing with the Department's HR Section are outlined in Secretary's Policy and Procedure Memorandum No. 13, Workplace Harassment Policy.)

5. MISCELLANEOUS PROVISIONS.

a. Drug Testing - Tests to detect the use of illegal drugs, as defined by the Controlled Substance Act, are not considered medical examinations under ADA and are, therefore, permitted. Drug testing will be conducted in accordance with the provisions of Secretary's Policy and Procedure Memorandum No. 21 and in accordance with federal laws regarding drug testing of transportation employees.

b. ADA Resource Manual for Supervisors - The Human Resources Section developed an ADA Resource Manual for Supervisors, which contains detailed information on the Americans with Disabilities Act as it pertains to employment issues. Copies of this manual may be obtained from the Headquarters' Human Resources Section.

6. RESPONSIBILITIES.

a. The Undersecretary, Office of Management and Finance, has been appointed by the Secretary as this agency's ADA Coordinator. As such, he will direct all ADA-related activities and serve as liaison with the Division of Administration. The undersecretary will also maintain for public view DOTD's self-evaluation and transition plans, ensure that ADA-required building/ architectural modifications are included in DOTD's budget, and publish a public notice regarding DOTD's ADA policy.

b. The Human Resources Director is responsible for ensuring DOTD's compliance with Title I, governing employment issues. Concerns related to the reasonable accommodation process, fitness for duty, determination of disabilities, and related issues will be channeled through the Human Resources Section. The Human Resources Director is also responsible for receiving, reviewing, coordinating, and investigating ADA complaints filed by DOTD applicants and employees.

c. Legal advice and interpretation of the ADA will be provided to appointing authorities by the Legal Section.

d. The Compliance Programs Director is responsible for ensuring contractor compliance with ADA requirements.

e. Assistance/guidance on architectural design requirements will be provided by DOTD's Architect (Maintenance Management Section).

f. The Contract Services Section is responsible for incorporating required ADA provisions into all DOTD contracts.



Kam K. Movassaghi, Ph.D., P.E.
Secretary