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Silverstein, R. (2003). Policy Brief: The Applicability of the ADA to Personal Assistance in the Workplace. Boston, MA: The Institute for Community Inclusion.
Abstract
Americans with significant disabilities often are unable to find health care coverage that allows them to live independently and be in the workforce. Personal assistance services (PAS) allow people with disabilities to obtain and retain employment. The fear of losing health care coverage and related services is one of the barriers to people with disabilities entering the workforce. Many states are analyzing how to provide coverage for PAS under Medicaid. States need to understand the obligations of employers to provide PAS under the Americans with Disabilities Act (ADA).
This brief provides definitions of PAS and a review of Title I of the ADA, and it reviews statute, regulations, and policy interpretations from the Equal Employment Opportunity Commission (EEOC) and the Department of Labor.
The brief lists types of PAS that are considered to be reasonable accommodations under the ADA because they are job-related. The brief also points out that the employer can always provide accommodations beyond those required by the ADA.
Job-related assistance to perform job tasks most likely is considered a reasonable accommodation by the ADA, while assistance in performing personal tasks like eating, dressing, toileting, and personal hygiene generally will not be considered as a reasonable accommodation by the ADA.
Obtain the Full Version
For copies, contact
The Institute for Community Inclusion
UMass Boston, MA 02125
617/287-4300
The paper can be found at http://www.disabilitypolicycenter.org/pas.htm (link below)
This policy brief was written by Robert Silverstein of The Center for the Study and Advancement of Disability Policy (CSADP). The CSADP is a partner of the Rehabilitation Research and Training Center on State Systems and Employment at the Institute for Community Inclusion (#H133B30067), and the Rehabilitation Research and Training Center on Workforce Investment and Employment Policy at the Law, Health Policy and Disability Center, University of Iowa (#H133B980042). The Centers are funded, in part, by the National Institute on Disability and Rehabilitation Research (NIDRR) of the US Department of Education. The opinions contained in this publication are those of the grantees and do not necessarily reflect those of the US Department of Education.
For more information on this study, please contact Robert Silverstein at (202) 783-5111 or bobby@csadp.org.
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