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Providing Reasonable
Accommodations for
Individuals with Disabilities
in National Service
Programs
Presenter:
Dr. Suzanne Gosden Kitchen
Thanks for joining us today.
www.serviceandinclusion.org
Toll-free hotline: 888-491-0326 (voice/TTY)
www.serviceandinclusion.org
Toll-free hotline: 888-491-0326 (voice/TTY)
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The session will be recorded.
Providing Reasonable
Accommodations for
Individuals with Disabilities
in National Service Programs
Dr. Suzanne Gosden Kitchen
Senior Consultant
Increase
4.
Practice
knowledge
writing a job
of various
accommodation
types of job
request
accommodation
letter.
under the ADA.
Presentation Objectives
1. Learn to use the JAN website
2. Understand disclosure /documentation process under ADA
3. Identify job accommodations for various disabilities
JAN Overview
 Established for 25 Years
 Funded by the Office of Disability Employment Policy
 Based in Morgantown, WV
 Serves a national audience
 Provides electronic and telephone consultation,
expert training, and comprehensive accommodation
and compliance information
Who Uses JAN? EVERYONE DOES!!
 38,000 contacts annually
 3.5 million Web hits annually
 Employers
 Individuals with disabilities
 Educational Professionals
 Rehabilitation and medical professionals
People with disabilities interested in self-employment
Explore JAN on the Web!
Wonder why…
…some people with disabilities do
not disclose their disability to
others in the program?
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Perhaps no accommodation is needed.
Perhaps accommodations are implemented without
involving the program manager.
Perhaps the specific accommodation is not known.
Perhaps confidentiality is desired above all else.
Perhaps there is skepticism or fearfulness about
disclosure.
Perhaps there is shamefulness or embarrassment about
disclosure.
…other thoughts??????
TO Disclose or NOT to Disclose…
Advocacy groups for people with disabilities may
maintain a strong position FOR or AGAINST
disclosure, for reasons such as:
 Solidarity
 Change
 Empowerment
 Protection
TO Disclose or NOT to Disclose…
Sometimes people are advised:
 not to disclose
 to disclose at inappropriate times
 Do you have an experience to share?
But people do disclose…
…for some very good reasons!
Why Disclose?
 To ask for job accommodations
 To receive benefits or privileges
specifically for employees with disabilities
 To explain an unusual
circumstance
HOW to disclose the disability:
The individual must let the program manager
know:
 an adjustment or change in service is needed for a
reason related to a medical condition
To request accommodation, an individual:
 may use "plain English"
 need not mention the ADA
 need not use the phrase "reasonable
accommodation"
HOW to disclose the disability:
Verbally: or in writing, tell the…
 Program manger
 Site Supervisor
 Human Resource Representative
 or other appropriate person
Disclosure Scenario #1
Disability: ADD
Scenario: A Senior Corps member
Disclosure: Verbally tells supervisor
of the disability and the need for
written reminders on project details
Disclosure Scenario #2
Disability: Sleep disorder
Scenario: AmeriCorps member
Disclose: Verbally tells supervisor of
the disability and explains the
need for a assistive technology as
an accommodation
HOW to Disclose the Disability
Documentation should be provided:
 when the disability is NOT obvious
 when the need for accommodation is NOT obvious
Documenting the Disability:
Documentation comes from appropriate professionals:
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Medical doctors
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Psychiatrists and psychologists
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Nurses
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Physical or occupational therapists
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Speech therapists
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Vocational rehabilitation professionals
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Licensed mental health professionals
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Educational professionals
Documentation explains that a person meets the ADA’s
definition of the word “disability”
 Physical or mental impairment
 Substantially limited - more limited than the average person
 Major life activities - things we do every day with little or no
effort:
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eating
breathing
walking
talking
seeing
hearing
learning
Documenting a Disability
Disability: Asthma
Scenario: The member has:
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difficulty breathing
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physical fatigue
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blurred vision during/after
asthma attacks
asthma
Documentation: Explains these limitations, and justifies
the need for reasonable accommodations
Documenting a Disability
Disability: Bipolar Disorder
Scenario: The member has:
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difficulty concentrating
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difficulty staying focused
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difficulty interacting with
coworkers
Documentation: Explains these limitations, and justifies the need
for reasonable accommodations
Definition of Disability
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Unique to ADA
Different from other laws
 IDEA
 SSA
 DMV
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NOT automatically “disabled” under
ADA if:
 Had IEP from public school
 Receive SSI or SSDI benefits
 Hold a disability parking permit issued by
DMV
WHEN to disclose the disability:
 May request accommodation any time
during application process or period of
service
 No preclusion from requesting
accommodation because you did not
disclose “up front”
WHY to disclose the disability:
To request accommodation
 when a site barrier prevents you from
performing your job
As a practical matter
 request accommodation before
performance fails or conduct
problems occur
What Accommodation to Request:
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using assistive technology
modifying your service/volunteer schedule
acquiring a service
using leave (time off)
receiving a position reassignment
implementing service/volunteer restructuring
modifying service instruction or training materials
other accommodations
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tele-work
adjusting supervisory method
using a service animal
modifying a policy
Using assistive technology:
any item or piece of equipment that is used to
increase, maintain, or improve functional
capabilities of individuals with disabilities
What does AT look like?
What does AT look like?
Modifying the service schedule:
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a certain number of hours per day
a certain number of hours per week
a certain number of days in a row
at a certain time of the day or night
Acquiring a service:
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sign language interpreter
CART service
service/volunteer coach
scribe
reader
Using leave (time off):
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to receive treatment
to recuperate from impairment
to avoid adverse conditions at work
 broken elevator
 poor air quality during a renovation
how much leave not specified in ADA
service position should remain open
can’t be penalized for using leave
Reassignment:
to an equal position that is open, that the person is
qualified for
 the person does NOT compete for the position
 the employer does not have to create a position
Other accommodations:
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tele-work or working from home
adjusting supervisory method
using a service animal
modifying a policy
Case Study #1
 Member with LD
 Volunteering at a local soup kitchen
 Limitations:
 Sub-average reading skills
How might we accommodate her?
Case Study #1
Case Study #2
 Member with Schizophrenia
 Volunteering by building homes in the
community
 Limitations:
 Difficulty managing stress
 Easily distracted
How might we accommodate him?
Case Study #2
Case Study #3
 member with age-related vision loss
 Volunteering at local community center
doing literacy tutoring
 Limitations:
 Poor visual acuity
 Impaired memory
How might we accommodate him?
Case Study #3
Resources
EEOC Guidance on Reasonable Accommodation and
Undue Hardship
http://www.eeoc.gov/policy/docs/accommodation.html
Ideas for Writing an Accommodation Request Letter
http://www.jan.wvu.edu/media/accommrequestltr.html
Employee’s Practical Guide to Requesting and Negotiating
Accommodations under the ADA
http://www.jan.wvu.edu/EeGuide/
Contact Information
(800) 526-7234 (V)
(877) 781-9403 (TTY)
http://www.jan.wvu.edu
[email protected]
Suzanne Gosden Kitchen
[email protected]
Questions