Transcript The ADA & Supported Employment

ADA Basics:
A Primer for Workforce
Professionals
DBTAC: Rocky Mountain ADA Center
CO, MT, ND, SD, UT, & WY
800/949-4232 (V, TTY) www.adainformation.org
Jana Copeland, Director [email protected]
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Disclaimer
 Information, materials, and/or technical assistance
are intended solely as informal guidance, and are
neither a determination of your legal rights or
responsibilities under the ADA, nor binding on any
agency with enforcement responsibility under the
ADA.
 DBTAC authorized by NIDRR to provide information,
materials, and technical assistance to individuals and
entities that are covered by the ADA.
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Title II Overview
Brief overview of the provisions regarding
state and local governments
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Five Titles of the ADA
I.
II.
III.
IV.
V.
Employment
Public entities
Public accommodations
Communications
Administrative
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State & Local Gov’t - Title II
 Part A
 Covers all state & local
governments
 Including public school
districts,
special districts, etc.
 Enforced by Dept. of
Justice
 Part B
 Covers public
transportation
 Enforced by Dept. of
Transportation
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ADA & Workforce
Centers
Workforce Professionals &
Areas of ADA responsibility
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Two Dimensions of ADA
Responsibility
 Helping customers with disabilities accomplish their
goals
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Requires understanding of ADA rules governing
entities with whom clients interface, for example:
 Employers
 Day care
 Transportation
 Ensuring the center can effectively serve customers
with disabilities
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Title II responsibilities
Includes contracted support
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General Requirements
 For qualified individuals with disabilities, a Title II
entity must:
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Provide equal opportunity
Not deny participation
Not apply surcharges
Not make unnecessary inquiries
Strive for integrated vs. separate programs
Make reasonable modifications to permit participation
Ensure contracted service providers adhere to Title II
rules
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Program Accessibility
 A public entity’s services, programs, or activities,
when viewed in their entirety must be readily
accessible to and usable by people with disabilities
 Achieving program accessibility
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Reasonable modification to policies and procedures
Acquisition or redesign of equipment or assignment of
aides
Provision of service at alternate sites
Structural modification or physical barrier removal
 Exceptions
 Fundamental alteration
 Undue burden
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Reasonable Modification
 Changes to policies, practices, and procedures that
allow persons with disabilities access to the public
entity’s programs and services
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Examples
 Simplification of application process
 Not requiring individual to appear personally to make
application for benefit
 Delivering or mailing a check or application that must
normally be picked up
Limited by fundamental alteration and undue financial
or administrative burden
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Communication Issues
 Ensure effective communications
 Auxiliary aids or services
 Interpreters
 Materials in alternate formats
 TTYs and relay service
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Title II Resources
It’s not knowing all the answers…
it’s knowing where to go with questions!
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Key Resources
 ADA Questions & Answers
 Titles II Technical Assistance Manual
 DOJ’s Titles II Highlights
 Online Courses
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DOJ’s “Reaching Out to Customers with
Disabilities”
DBTACs’ “ADA Title II Tutorial” & “At Your
Service: Welcoming Customers with
Disabilities”
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Other Resources
 DBTAC 800/949-4232 (V, TTY)
www.adainformation.org
 ADA Training Resource Center
www.adacourse.org
 U.S. Dept. of Justice 800/514-0301 (V)
www.ada.gov
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Break To Answer Q&A
 If you have a question or comment on the
information covered so far, please submit it
using the Q&A panel on the right hand tool
bar on your screen.
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Overview of Title I
What are the basic provisions of employment
provisions of ADA Title I?
What are reasonable accommodations?
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Five Basic Protections
 Equal opportunity to apply for jobs and work
in jobs for which they are qualified
 Equal opportunity to be promoted
 Equal access to benefits and privileges of
employment
 No harassment or hostile work environment
 Reasonable accommodations to enjoy equal
employment opportunity
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General Employment Rule
Unlawful to discriminate against a qualified individual
with a disability with regards to:
 Job application process
 Compensation
 Hiring
 Benefits
 Promotion
 Training
 Discharge
 All aspects of
employment!
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It’s All About Equality!
Hire, fire, and
promote the most
qualified, deserving
individual!
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Reasonable Accommodations
 Modifications or adjustments to a job,
employment practice, or work environment
that makes it possible for an individual with a
disability to enjoy an equal employment
opportunity
 Equal employment opportunity: opportunity to
attain same level of performance or to enjoy
equal benefits and privileges of employment
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When Accommodations are
Required
 Application process
 Performance of the essential functions of the
position
 Enjoyment of equal benefits and privileges of
employment
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Accommodation Facts
 Over 70% of employees with disabilities
never request an accommodation
 Cost effectiveness: 50% cost $50 or less
 $5 return in productivity and saved costs for
every $1 spent on ADA-related
accommodations
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ADA Tax Incentives
 Disabled Access
Credit
 Barrier Removal
Deduction
 Work Opportunity
Tax Credit
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Employee Responsibilities
 Process must be initiated by the employee
with a disability- disclosure required
 Provide documentation of need for
accommodation if requested
 Be involved in process of identifying effective
accommodation
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Disclosure and the ADA
Disclosure strategies for the workplace
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When to disclose?
 Applying with a state or Federal agency with
affirmative action responsibilities
 Job relates to experiences as a person with a
disability
 Having a disability is a requirement
 Job-related limitations require request for
reasonable accommodation
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Disclosure Strategies
 If asked on an application to disclose, leave blank
 During an interview, be prepared to answer difficult
questions (like gaps in work history)
 Be aware that employer may request medical
documentation following accommodation requests
 Focus on abilities and skills, not disability
 Ultimately, disclosure is individual’s prerogative!
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Title I Resources
It’s not knowing all the answers.
It’s about knowing where to go
with your questions!
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Key Publications
 Your Employment Rights
 Job Accommodations for People with …
 Disclosure Decisions to Get the Job
 Ideas for Writing an Accommodation Request
Letter
 Employees' Practical Guide to Requesting
and Negotiating Reasonable
Accommodations Under the ADA
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Other Resources
 DBTAC 800/949-4232 (V,TTY)
www.adainformation.org
 Job Accommodation Network
800/526-7234 (V, TTY) www.jan.wvu.edu
 EEOC 800/669-4000 www.eeoc.gov
 DOL’s Office of Disability Employment Policy
www.dol.gov/odep/pubs/publicat.htm
 RRTC on Workplace Supports
www.worksupport.com
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Etiquette Basics
General strategies for practicing good
disability etiquette
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The Basics
 Put the person first & their disability second
 Don’t make assumptions about needs, abilities, or
limitations
 Varying levels of abilities and limitations
 Create environment that permits people with hidden
disabilities to disclose if necessary
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More Basics
 Always ask before helping
 Treat adults as adults
 Be sensitive about physical contact
 Use common sense
 Apply basic courtesies to ALL people
 Relax!
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Workforce Center
Situations
Etiquette strategies for specific settings
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Marketing Etiquette
 Advertise services & job openings in
disability-related publications
 Include details of location
 Include EEO statement in ads
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Reception Etiquette
 Know location of accessible restrooms,
drinking fountains, and telephones
 Use normal tone of voice when welcoming
 Introduce yourself
 Offer to shake hands, if appropriate
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Scheduling Etiquette
 Ensure that meeting location is accessible
 Be familiar with travel directions to location
 Offer expected duration and end time if asked
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Meeting Etiquette
 Conduct emphasizing abilities, achievements,
and individual qualities
 Ask questions used with all customers
 Be patient when speaking & listening
 Use location with good lighting
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WFC Environment
 Review physical features of center and make
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adjustments if necessary
Consider assistive technology available to increase
accessibility
Make materials available in accessible formats
Prepare other staff for adjustments and changes
Allow flexible scheduling, if possible
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Etiquette Resources
Publications, websites, and organizations
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Publications
 Disability Etiquette
 Guidelines for Reporting and Writing About
People with Disabilities
 Resources available from the DBTACs:
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Sign Language Posters
ADA Quiz Book, 3rd Edition
Etiquette Tip Cards
Getting it Right DVD
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Websites
 United Spinal Association
www.unitedspinal.org
 National Organization on Disability
www.nod.org
 Easter Seals www.easterseals.com
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Next Steps
A Plan of Attack for
Workforce Center Compliance
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Plan of Attack
 Conduct a facility self-evaluation for physical
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accessibility using existing facility checklist
Examine intake procedures to ensure they don’t
discriminate
Examine other policies for discriminatory elements
Establish policy for provision of effective
communications including sign language interpreters
Install a TTY and train staff in its use as well as relay
service use
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Plan of Attack (cont.)
 Examine written and visual materials for appropriate
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depiction of people with disabilities
Re-examine any exclusions based on fundamental
alteration or undue financial or administrative burden
exceptions
Examine policy for selecting meeting sites
Examine policy for ensuring contractors meet ADA
standards
Examine policy for acquisition of electronic and
information technology
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Plan of Attack (cont.)
 Examine new staff training on disability issues
 Ensure printed materials include appropriate
notification regarding department’s nondiscrimination
policy
 Establish a grievance policy for clients with
disabilities
 Assign designated staff member as the ADA
coordinator
 Review evacuation procedures to ensure there are
provisions for clients and staff with disabilities
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Customer Action Steps
 Become familiar with the ADA and workplace
rights and responsibilities
 Prepare to request reasonable
accommodations as necessary
 Gain a comfort level discussing impairments
with employers
 Know the resources!
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Question and Answer Session
• Open lines for Discussion


If you have a question or comment click on the
“raise hand” icon on the right hand side
toolbar. We will then un-mute your line.
You can also submit your question or
comment in writing using the Q&A function on
the toolbar. Please be sure to send it to either
the “host” or the “panelist”. We will then read
your question.
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More Questions?
Jana Copeland, PhD
DBTAC: Rocky Mountain ADA Center
3630 Sinton Road, Suite 103
Colorado Springs, CO 80907
800-949-4232
719/444-0268, ext. 109
719/444-0269 (fax)
[email protected]
www.adainformation.org
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