III. Discriminatory Practices in Violation of the Iowa Code Chapter 216 and the Federal Americans with Disabilities Act

Table of Contents

A person with a disability is a person who has a physical or mental impairment that substantially limits a “major life activity,” or has a record of such impairment, or is regarded as having such impairment. "Major life activities” include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. 

A “qualified” person with a disability is one who meets the legitimate job requirements and is able to perform the essential functions of the position with or without reasonable accommodations and without being a direct threat to the health or safety of themselves or others. Essential functions are absolute requirements for producing critical job results/outputs. Essential, by definition, means indispensable, vital, necessary, or related 3 to the essence of the job. It does not include marginal functions or duties performed. As such, departments are not required to provide reasonable accommodations that would result in fundamental alterations in the nature of the work to be performed. 

The State of Iowa and its departments, agencies and other instrumentalities and all their employment practices, services and programs shall comply with the requirements of the ADA. The ADA requires, in part, that the State of Iowa: 

  1.  Make reasonable modifications in policies, practices, and procedures that deny equal access to individuals with disabilities, unless fundamental alteration in the program or an undue hardship would result.
  2. May not refuse to allow a person with a disability to participate in a service, program, or activity simply because the person has a disability.
  3. Provide programs and services in an integrated setting unless separate or different measures are necessary to ensure equal opportunity.
  4. Prohibit requirements that tend to screen out individuals with disabilities, such as requiring a driver’s license as the only acceptable means of identification.
  5. Eliminate unnecessary eligibility standards or rules that deny individuals with disabilities an equal opportunity to enjoy their services, programs or activities unless “necessary” to the provisions of the services, program or activity.
  6. Impose safety requirements only when they are necessary for the safe operation of the program in question, such as requirements for eligibility for drivers’ licenses if they are based on actual risks and not on mere speculation, stereotypes, or generalizations about individuals with disabilities.
  7. Ensure that individuals with disabilities are not excluded or limited from participation in services, programs, and activities because buildings are inaccessible.
  8. Provide services, programs, and activities offered in the facility to persons with disabilities through alternative methods, if physical barriers are not removed.