Transcript Employment & PeopleWith Disabilities

Employment & People
With Disabilities
What Do You Want to Get Out of
This Presentation
- Introduce yourself
- What is your experience with employment
rights of people with disabilities?
- Name one thing you want to take away
from this training
After This Presentation You
Will Be Able
- To explain what Disability Rights California
does
- Understand how stereotypes, stigma and
discrimination hurt people with disabilities
- Know the employment rights of people
with disabilities
The 5 Most Important Topics
about Employing People with
Disabilities
-
Definition of disability
When it is OK to ask about a disability
What constitutes discrimination
What a reasonable accommodation is
Disability discrimination complaint process
About Disability Rights
California (DRC)
About DRC
- California’s Protection & Advocacy
System
- Mission Statement:
Advocate, educate, investigate and
litigate to advance and protect the rights
of Californians with disabilities.
DRC Services
General DRC services include:
- Intake & Referral
- Self-help materials and other
publications
- Training
- Public policy & legislative advocacy
- State hospital patients’ rights advocates
DRC Services
- Clients’ rights advocates for clients of
regional centers
- Legal counsel & advice
- Representation of individuals with
disabilities in priority areas
- Systemic litigation
Stigma, Stereotypes &
Discrimination
What is “Stigma”?
Stigma refers to attitudes and beliefs that
lead people to reject, avoid, or fear those
they perceive as being different
Types of stigma:
1. Public Stigma
2. Institutional Stigma
3. Self Stigma
All types of stigma are based on stereotypes
about people with mental health disabilities.
What is “Self Stigma”?
Self stigma is when a person with a mental
health diagnosis accepts the attitudes of
society or of the medical community.
Self stigma is rarely discussed, and can lead
to hopelessness and helplessness.
What are “Stereotypes”?
Stereotypes are exaggerations or even
untruths about people with mental health
disabilities.
Examples of Stereotypes
Stereotypes include misconceptions that
people with mental health disabilities tend to
be violent, will not get better, are unable to
care for themselves or are stupid.
In particular, stereotypes about violence and
ability to care for oneself can affect the
ability of people with mental health
disabilities to obtain housing.
What is “Discrimination”?
Discrimination occurs when people act on
stigma in ways that deprive others of their
rights and life opportunities.
Discrimination and stigma are based on
the stereotypes that drive a wedge
between us and them.
Employing People With
Disabilities
Recent studies show
-
-
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Societal stigma and discrimination are
widespread
Going public with a mental health disability
is risky and is statistically linked to lower
wages (72-85% lower)
Not going public is also risky as the law
only applies to known disabilities
Recent Studies Show
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Costs of accommodations for a worker
with mental health disabilities are likely to
be indirect costs
“Keep it to Yourself? The Costly Stigma of
Mental Illness,” Health Management and
Policy; October 11, 2006
knowwpcarey.com/article.cfm?aid=698
(Arizona State University)
The Laws
- Federal Law
- The Americans with Disabilities Act (ADA)
- California Law
- Fair Employment and Housing Act (FEHA)
- Other Laws
What Employers and Organizations
Do the Laws Apply to?
- Employment agencies and labor unions
- ADA applies to employers with 15 or more
employees; FEHA applies to employers
with 5 or more employees
- ADA includes all state and local
governmental employers regardless of
number of employees; FEHA employees
limit applies
Who is Protected by the Law?
- To be protected, a person must prove he
or she is a qualified individual with a
disability
- Has a physical or mental impairment that
limits one or more major life activities; has
a history of a disability; is regarded or
treated as though the person has a
disability
http://www.dfeh.ca.gov/res/docs/Publicatio
ns/dfeh-208dh.pdf
Qualified Individual with a
Disability
- A person with a disability must meet the
minimum job qualifications
- Job qualifications include skill, experience,
education, medical, safety, physical, and
other requirements the employer sets
- Able to do the job with reasonable
accommodation
When are Questions about a
Person’s Disability OK?
- Never before a job offer is made
- After a job offer is extended but before a
person starts (ADA); only if job-related and
consistent with business necessity (FEHA)
- Limited inquiries when requesting a
reasonable accommodation.
The Laws Forbids Discrimination
in Any Aspect of Employment
- Including hiring, firing, layoffs, pay, job
assignments, promotions, training, fringe
benefits, and any other term or condition
of employment
- Employers must provide reasonable
accommodation to an employee or job
applicant with a disability
- Harassment of people with disabilities
- Retaliation
Reasonable Accommodation
- Employers must make reasonable
accommodations to the known physical or
mental limitations of an otherwise qualified
employee or applicant
- Unless the employer can show that the
accommodation would impose an undue
hardship
Definition of Reasonable
Accommodation
- Reasonable accommodation is any
modification or adjustment to a job or the
work environment that will enable a qualified
applicant or employee with a disability to
participate in the application process or to
perform essential job functions.
- Reasonable accommodation includes
adjustments to assure that a qualified
individual with a disability has rights and
privileges in employment equal to those of
employees without disabilities.
Examples of Reasonable
Accommodations
- Making the work site wheelchair
accessible
- Restructuring a job
- Part-time or modified work schedules
- Obtaining or modifying equipment or
devices
More Examples
- In-service training of employees
- Modifying examinations, training materials,
or policies
- Providing qualified interpreters and
readers
- Reassignment to a vacant position
More Examples
- Help in completing applications, including
verbal interviews to obtain the information
- Reducing work space distractions
- Giving instructions in alternative formats
- Breaking down tasks
- Changes in supervision
More Examples
-
Flexible schedules
Longer or more frequent work breaks
More time to learn new responsibilities
Self-paced workload
Time off for counseling
The Process to Get an
Accommodation
- An employee can request one in writing or
verbally
- A family member, friend, health
professional, or other may request one on
behalf of the person with the disability
What Does the Employer
Have to Do?
- Keep the employee’s request confidential,
disclosure may result in damages
- Engage in an interactive process with the
employee
- Does not have to provide the exact
accommodation, but has to have meaningful
discussions about what will work and is
reasonable
- Provide the accommodation unless doing so
would be an undue hardship
Can an Employer Ask for Proof
of the Disability
- An employer is allowed to find out if the
employee has a disability that requires
accommodation
- When the need for accommodation is not
obvious, an employer may ask an
employee for reasonable documentation of
the disability and functional limitations
Can an Employer Obtain Mental
Health Records?
- No, an employer cannot require an
employee to give them all mental health
history records
- Only records that are relevant to show
there is a disability and the need for an
accommodation
Reasonable Accommodation
Costs (From JAN)
Costs
- Overall, 20% require no money
Most for people with psychiatric
disabilities only involve indirect costs
- Over 70% cost $ 500 or less
- Median Cost: $ 250
Reasonable Accommodation
Benefits (From JAN)
Benefits
- Hiring/Retaining a qualified employee
Increased Productivity (74%)
Saved insurance and training costs
Benefit to the Company: $10 for each
$1 spent
Hypothetical
Jose is a file clerk in your company’s
storeroom. He wants to know if he can work
from 10am - 6pm instead or 9am - 5pm.
− What factors will go into your decision, and
what steps will you take?
What Happens if a Person Thinks
They Have Been Discriminated
Against?
- ADA: 300 days to file EEOC charge; 90
days to file a court complaint after they
receive a right-to-sue letter
- FEHA: one year to file DFEH charge; one
year to file a court complaint after they
receive a right-to-sue letter
Resources
- Job Accommodation Network www.askjan.org
- EEOC Enforcement Guidance on the
Americans with Disabilities Act and
Psychiatric Disabilities:
www.eeoc.gov/policy/docs/psych.html
- Department of Fair Employment and
Housing: www.dfeh.ca.gov/Default.htm
- ADA Disability and Business Tech. Asst.
Center: www.adata.org/dbtac.html
- Disability Rights California:
www.disabilityrightsca.org
Disability Rights California is
funded by a variety of sources, for a
complete list of funders, go to
http://www.disabilityrightsca.org/
Documents/ListofGrantsAndContracts.html.
CalMHSA
The California Mental Health Services Authority
(CalMHSA) is an organization of county governments
working to improve mental health outcomes for
individuals, families and communities. Prevention and
Early Intervention programs implemented by CalMHSA
are funded by counties through the voter-approved
Mental Health Services Act (Prop 63). Prop. 63
provides the funding and framework needed to expand
mental health services to previously underserved
populations and all of California’s diverse communities.