Volunteer ADA Rights

Harrow · June 2001

We consider our volunteers part of our staff along with our employees. I understand ADA Title I applies to employers with 15+ employees and that ADA Title III can apply to Private entities that make ADA issues part of their business practices and service programs. Can you comment on ADA issues as they apply to volunteers providing a substantive part of our NFP services.

How has/does aging apply to disability issues?

Gar · June 2001

It seems to me that if you consider volunteers part of your employee staff, then they're covered by the ADA. Why you would want to, given the possible legal reprecussions, is beyond me. I believe aging is covered by the ADA only to the extent that you may have to provide reasonable accommodations for persons with physical or mental conditions that usually are age-related.

Down_the_Middle · June 2001

Forgive the semantics, but it's unclear whether you "regard" the vol's as employees (as part of an organizational team structure) or whether you pay them as employees. If the former, then I doubt they would be covered by ADA nor any other employee statute and I would recommend leaving them that way.

Hatchetman · June 2001

[font size="1" color="#FF0000"]LAST EDITED ON 06-25-01 AT 01:48PM (CST)[/font][p]You probably need to talk to EEOC or a civil rights lawyer. ADA uses the concepts of "employee" as established by Title VII of the CRA. While it does seem to reflect the "traditional" concept of employee, you may need to take a look at the right of control the employer has over the efforts of the volunteer in addition to any economic relationship in comparison to the "traditional" employee.

Even if volunteers aren't covered under Title I, it seems to me, as you stated, that they would be covered under Title III, since they are members of the public and you are providing a service to them while they are volunteering. And as I recall my involvement with a Title III situation rather than Title I, the right to reasonable accommodation under Title III is a lot easier to establish.

I don't think that ADA would intend for employees to be covered but volunteers not when the company is utilizing both. Remember, there is no requirement for the amount of time that an employee has worked for the employer nor for the number of hours he works for the employer per day or per week to fall under the provisions of ADA. If volunteers were to be excluded both under Title I and Title III, you could have a situation where the volunteer had been "working" for the employer much longer and for more hours than a new part time employee yet not entitled to ANY accommodation to allow him/her to remain a volunteer or to participate in the services the company offered. As I said, I don't believe that would be the intent of ADA.

Harrow · June 2001

Our staff is comprised of employees and volunteers. Thanks for your feedback.

Volunteer ADA Rights

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