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Anel
Gonzales Breaks Down the ADA in English, Spanish
By Andrea Shettle  My greatest reward in doing this job
is hearing my clients say they now better understand their rights
and are able to stop the type of discrimination that they faced
in the past.
 During the conference the Proyecto Visión banner hung over the lobby of the New Yorker Hotel |
Gonzalez's Personal Story Sometimes a disability can transform not only one's life but one's career path and choice of national residence as well. Such is the case for J. Anel Gonzalez, the Bilingual Technical Assistance Specialist at the Great Lakes Americans with Disabilities Act (ADA) and Information Technology (IT) Center in Chicago, Illinois. Gonzalez is originally from Panama in the province of Chiriqui, which is known as "Valley of the Moon" to its natives. "Chiriqui is a beautiful landscape of cloud forests, volcanic peaks, and coffee plantations, and is home to most of Panama's Guaymi Indians," Gonzalez recalls fondly. His favorite activity during his childhood was swimming in the Pacific Ocean or in the Chiriqui River. "My early career was the complete opposite compared to what I'm doing today," said Gonzalez. "I have a B.A. in Electrical and Technical Engineering. It was a career I enjoyed before my injury during my two years of special service in the Panamanian Army from 1987 to 1989." But then, in 1989, Gonzalez experienced a spinal cord injury that brought him to the United States in search of better rehabilitation services and professional opportunities. In 1992, he began to involve himself with the disability rights movement in Chicago, Illinois. "The emphasis was to educate and to create political changes to have better opportunities for minority individuals with disabilities," said Gonzalez. "We are still struggling in this area." Eventually, his advocacy efforts led to his current job. "I enjoy my position today because it allows me to continue working for my community and to see some changes that are benefiting the lives of many Latinos with disabilities in the Midwest," said Gonzalez. "My job is very diverse," said Gonzalez. "I spend a lot of time on the phone providing technical assistance to the general public related to the application of the requirements of the ADA. I do some public training and public speaking throughout the year related to disability laws in both English and Spanish." Gonzalez also conducts outreach efforts in the Midwest region to organizations that provide services to Latinos with disabilities, provides technical information about the ADA to Spanish-speaking callers, maintains a database used for distributing information and tracking center activities, and writes educational articles for the Spanish language media about disabilities and the Latino community. "My greatest reward in doing this job is hearing my clients say they now better understand their rights and are able to stop the type of discrimination that they faced in the past," said Gonzalez. "This is important to me because I am a person with a disability myself, and I know how important it is to educate ourselves in this area." Gonzalez would like to bring his advocacy skills to the Latin American region. In the future, he says, "I see myself as an international consultant related to disability laws. I would like to put more of my time in the international disability movement that is going on today, especially in the Latin American countries that need a lot of support in this area." Gonzalez's Presentation At the Proyecto Visión conference, Gonzalez delivered an educational presentation on the legal rights of employees and job seekers with disabilities under Title I of the Americans with Disabilities Act (ADA). The ADA as a whole, Gonzalez indicated, protects the rights of people with disabilities in employment, public services, and public accommodations, though it is not the same as affirmative action laws that affect people of color. Title I of the ADA, which addresses employment issues, covers private employers with 15 or more employees, state and local governments with one or more employees, employment agencies, and labor organizations. Who does the ADA cover? The ADA protects the rights of people who have a physical or mental impairment that "substantially impairs one or more major life activities." Examples of "major life activities" include caring for oneself, performing manual tasks (working with the hands), speaking, learning, ambulating (walking), sleeping, or working. The ADA also protects the rights of people ho have a record of an impairment, or who others perceive as having an impairment, or who are associated with individuals with disabilities. Stress, irritability, chronic lateness, poor judgment, and bereavement reactions are NOT covered as "impairments" under the ADA. Employees are also NOT protected under the ADA if they are currently abusing alcohol or drugs; however, past use of alcohol or illegal drugs is covered under the ADA. Employers may not discriminate against "qualified individuals with disabilities." A "qualified individual with a disability" is someone with a disability who has the skills, experience, and education required for the position that he or she holds or has applied for. Furthermore, the person should be able to perform the "essential functions" of the position after any needed "reasonable accommodations" have been made. Employers may not discriminate against people with disabilities when they recruit for, or advertise, positions, or during the application, interview, and hiring process. Employers also may not discriminate against people with disabilities when considering promotions, transfers, layoffs, termination, or allowing an employee to return from layoff. Employees with disabilities must have equal access to training opportunities including apprenticeships and conferences, and also to employer-sponsored activities including social and recreational programs. What is an "essential function"? A function is considered an "essential function" in the following circumstances: the employer "actually requires employees in the position to perform the function"; "removing the function would fundamentally alter that position" (i.e., it would no longer be the same position if the task were taken away or waived); or, "the position exists to perform a specific function." The degree of expertise (training) and skill required to perform the function is also taken into consideration when deciding which functions of a job are "essential." What is a "reasonable accommodation"? A "reasonable accommodation" is a "modification or adjustment to a job, the work environment, or to the way things are usually done." Employers must provide "reasonable accommodations" in situations where the employee or job candidate needs these accommodations in order to have equal access to the job application and interview process, or to carry out his or her job functions, or to enjoy equal benefits and privileges of employment. "Reasonable accommodations" do not have to be the best accommodation possible, but reasonable accommodations do need to be effective-in other words, they must help remove disability-related barriers that might otherwise prevent an employee with a disability from performing his or her job. However, eliminating essential job functions, lowering production standards, providing personal use items, or creating a position with "light duties," are not considered "reasonable accommodations" under the ADA. Employers do not need to provide reasonable accommodations if doing so would cause "undue hardship," for example if they cannot afford the funds for the accommodation. How can employees receive reasonable accommodations? Before an employee can receive reasonable accommodations in the hiring process, or while on the job, the employee must make a request for the accommodations he or she needs because of his or her disability. The employee does not have to use the words "reasonable accommodation." A family member, friend, health professional, or other individuals may request accommodations on behalf of an employee with disabilities. An employer may ask for documentation proving
the need for a reasonable accommodation if the employer has reason
to believe that the employee is asking for an accommodation unrelated
to his or her disability. Employers may also ask for documentation
to prove that the individual has a disability if the disability,
or the need for reasonable accommodation, are not immediately obvious.
However, employers cannot ask for documentation if the disability
is obvious, or if the individual has already provided enough information
to substantiate that she or he has a disability covered by the ADA. What else is covered by Title I of the ADA? Employers may not ask questions about a job candidate's medical history during the interviewing process. Other examples of legally prohibited questions include, "How much alcohol do you drink?"; "What medications are you taking?"; "Have you ever filed or received worker's compensation?" However, employers are legally allowed to ask questions related to job functions, for example, "Are you capable of standing for three hours?"; "Can you move 50 pounds from point A to point B?"; Would you be able to arrive to work by 8 a.m. every day?"; "Can you perform the essential functions of the job with or without reasonable accommodations?" Also, when employers perform reference checks, they cannot ask references about the candidate's disability, illnesses, or compensation history. Employers may give agility tests or aptitude tests to job candidates if the tests are needed for the position, and if the tests are required for all applicants with or without disabilities. Medical exams of workers can be requested if the employee is having problems performing his or her work, or if he or she becomes disabled or wants to return to work after an injury or illness, or if the exam is necessary before a reasonable accommodation can be provided, or if another law consistent with the ADA requires the medical exam. Resources for more information More information on the ADA can be found on the web or via telephone hotlines: Northeast DBTAC (Disability Business
and Technical Assistance Center) Equal Employment Opportunity Commission Job Accommodation Network (JAN) Office of Disability Employment Policy U.S. Department of Justice U.S. Access Board |
