Transcript Access To Employment - Creighton University

Access To Employment
Compliance and Design
Presentation at Creighton University
October 12, 2005
Bobbi Cordano, J.D.
Agenda
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Access for Faculty and Staff: Compliance and
Design
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ADA Background
Role of DS/HR Office
Disability vs. Performance
Hidden Disabilities
Disclosure: Key to Success
The future: Integrated Return to Work/Work Retention
Universal Design: Instruction and Service
Delivery (Brief discussion)
Compliance
Creighton University’s Legal Duty
Americans with Disabilities Act
of 1990
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Modeled after the Civil Rights Act 0f 1964, except it
adds an affirmative duty to remove barriers, when
reasonable.
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Covered employers cannot discriminate against a
qualified individual with a disability on basis of
disability and must provide equal access to an
opportunity or benefit of employment. (Title I)
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Enforced by EEOC.
What is a Person with a
Disability?
•Significantly impaired in a major life
activity
 Degree of impairment determined by length
of time and functional limitations
 Major life activities include seeing, walking,
hearing, breathing, talking, thinking,
reproduction, learning (this list is not
exhaustive)
Who is a “Qualified Individual
with a Disability”?
A person who can perform the essential
functions of the job with or without
reasonable accommodations
ADA Basics: Who’s Covered?
Qualified Person with a Disability
Significant Impairment
Major LIfe Activities
(Not Exhaustive)
Qualified
Length of Time
Seeing
Can Perform Essential Functions of Job
Functional Limitation(s)
Hearing
Job Description
If removed, would it alter job signifcantly?
Walking
Breathing
Thinking
Reproduction
Learning
ETC...
E'er Decides with E'ee Input
Reasonable Accommodations
Bridges Gap between Disability
and Essential Functions
Ensure Equal Access to Opportunity or
Benefit
Must be Effective
(not the “best”)
Determining Accommodations
Employee
Interactive
Process
Disability
Services
Provider/HR
Supervisor/
Manager
Service Delivery System
Requirements
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Confidentiality of Medical Records
 Expertise in Determination of Disability
 Expertise in identifying options and/or
resources for reasonable accommodations
 Ability to develop plan for provision of
accommodations
Scenario 1:
David is in a probationary period as an Administrative
Assistant. You note that he is having difficulty getting
assignments completed on time. He has a messy desk and is
frequently running late to meetings. Your nephew was
recently diagnosed with Attention Deficit Disorder (ADD) and
wonder if David has some of the same traits. David has very
strong computer skills and you like his enthusiastic
personality. He is a great match for the office and you
would like him to continue in his position, but work is not
getting finished.
How would you handle this situation as his supervisor?
Discussion Questions for
Scenario 1:
How would you assist David with his
performance?
Can you ask David about ADD in order to
provide an accommodation?
Disability vs. Performance
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Disability is a
condition that resides
in individual
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 Accommodation
should equalize
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playing field
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Performance is the work
output expected and
defined by Employer
Expect same standard of
performance
Person with disability
must perform essential
functions of the job with
or w/o reasonable
accommodations.
Scenario 2:
Sharon has worked as a Senior Office Specialist for 3 years.
She requests to speak with her supervisor in private. She
tells her that she was recently diagnosed with bipolar and is
unsure of her ability to work. Her therapist wrote a note
for work which states that she needs a job with less
stress.She stated that the lithium she is taking has side
effects that are bothering her. In fact, some days it is hard
to get to work at all. She also needs time off each week for
therapy appointments. She feels like her co-workers are
upset with her because she is having trouble getting
her work done and they are picking up the slack. When she
told a coworker about her illness, the coworker told her she
should just “snap out of it”.
How should the supervisor deal with this situation?
Scenario 2: Questions to consider
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Does Sharon have to disclose her diagnosis
to her supervisor?
 Is Sharon requesting an accommodation?
 What is less stress?
 Does FMLA play a role?
 How should coworker situation be
addressed?
 What is the role of HR/Disability Services?
Common Mistakes Made By Supervisors
During the Accommodation Process
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Not keeping medical information confidential and
respecting boundary issues.
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Not utilizing the resources available at the university.
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Not addressing work performance issues. Supervisors
should not assume that job performance issues are related
to the employee’s disability.
Common Mistakes (cont’d)
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Not communicating with the employee during the
accommodation process. The employee has valuable input
as well as a choice about utilizing accommodations.
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Not realizing that the need for accommodations may
change over time. Accommodations may also need to be
fine tuned or altered once put into place. It is a process!
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Not practicing the effective management skills you
already have!
Definition of Chronic, Changing and
Hidden Disability or Medical Condition
A chronic and changing disability or
medical condition is something that is long
term, with symptoms that may fluctuate in
the type and degree of severity over the
course of the illness.
Hidden Disabilities and Reasons Why It
Is Difficult to Disclose
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Fear of social stigma
Fear of being fired
Privacy issues
Public image
Fear of coworkers finding out
Fear of the unknown
Not knowing what to request for an
accommodation!
Common Thoughts by People with
Hidden Disabilities
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I look fine. No one would believe that I go home
and crash everyday.
 Will my supervisor believe me?
 Will people think that I’m using this as an excuse?
 I was doing pretty well last month. Will people be
confused that I didn’t need an accommodation
before but now I do?
He’s looking good,
But………………
Why would an
employee with a
hidden disability
choose to disclose
the disability at
work?
Examples
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Multiple Sclerosis
Major Depression / Anxiety
Diabetes
Hearing Loss
Fibromyalgia
Lupus
AIDS
Arthritis
Etc
Hidden Disabilities and Reasons Why It
Is Difficult to Disclose
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Fear of social stigma
Fear of being fired
Privacy issues
Public image
Fear of coworkers finding out
Fear of the unknown
Not knowing what to request for an
accommodation!
It
. Takes Two People…
Employers are
obligated to make an
accommodation only
to the known
limitations of an
otherwise qualified
individual with a
disability
Scenario 3:
John, a tenured faculty member in Political Science
and a distinguished fellow at the University, has been
losing his hearing over the last 5 years. He recently
got “in-the-ear” hearing aids.
You are the Chair of the department. John has just
complained to you that “students don’t speak up like
they used to.” At the last faculty meeting, he
appeared frustrated and left early.
Discussion Questions for
Scenario 3
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What is your role and responsibility in this
situation?
 What responsibilities, if any, can be placed
on his colleagues and students?
– How would this be carried out?
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What resources are available?
Disclosure: Keys to Success
Using 4 Environments Analysis
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Disability or medical condition information
is personal.
 Examine 4 environments to see if it is
designed to support disclosure.
4 Environments--Examples
Physical
 Is the workplace equipped with ergonomic
furniture? Does management provide
different types of equipment that recognizes
differences among employees?
4 Environments--Examples
Programmatic/Policy
 Are there clear procedures and policies that
ensure understanding by employees on how to
request modifications or accommodations?
 Is management provided information about how
to assist employees or to provide modifications or
accommodations?
 Is there a clear policy on who is responsible for
paying for modifications or accommodations?
4 Environments--Examples
Informational:
 Are employees educated about how to request
modifications or accommodations and how
confidentiality will be respected? How is this
information made available? Is it in multiple formats
(e.g. online and in writing)? Is it easy to find?
 Are supervisors provided resources in multiple
formats? Is it easily accessible?
 Do supervisors receive training on how to handle
conversations where they maintain their role and
responsibilities appropriately?
4 Environments--Examples
Attitudinal
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Do supervisors routinely demonstrate respect for
confidentiality of information about others?
 Do supervisors demonstrate commitment to
productivity with respectful sensitivity to the
personal/professional needs of employees?
 Are conversations respectful of other people and
their differences?
Best Practices in Providing Services
Supervisors & Depts
•Training & Consultation
•Discuss “Essential Functions
•Handle Medical Documents
and determine work restrictions
•Support supervisors with strategies
•Coordinate accommodations
HR/DS
Office
Employees
•Discuss Rights and Responsibilities
•Discuss disability/med-related concerns
•Confidentially hold medical records
•Document disability or med. condition
•Determine work-related needs (restrictions)
•Determine reasonable accommodations
Institution
•Determine if E’ee condition result
of workplace
•Conduct risk assessment to reduce
possibility of reinjury and prevent
injury for others
•Promote oppt’y for prof. development
•Retain valuable human capital
Remember Curb Cuts?
University of Minnesota
Experience
Progressing from direct service
focused on disability to expanded
return to work services for people
with medical conditions or injuries
Disability Services-Employee
Services
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Started nearly 10 years ago in response to Title I.
 Hired staff with Rehabilitation Experience
(Qualified Rehabilitation Counselors)
 Work evolved to include employees with medical
conditions who sought to improve or return to
previous levels of productivity.
– Departments covered costs of modifications for
employees with medical conditions
Work Place Trends
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Aging
• National workforce median age: 40.5 in 2004. Projected to be 41.4 in 2012.
• U of M workforce median age: 45
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Bargaining Unit: 43
Civil Service: 42
P&A: 45
Faculty: 50
Stress
• One of the fastest growing reasons for loss time
• $300 billion in costs nationally.
Growing
of people with disabilities in the workforce
• The number of people with disabilities in the workforce increased to
over 20 million workers in the United States constituting 12.4% of the
workforce. (Annual Disability Status Report, 2004, Cornell Univ.)
Chronic Illness
• 1 in 3 people experience chronic illness in U.S. (CDC, 2004)
Evolution to Return to Work
Services
As a result, the University developed a segregated
service system:
 one focused on non-occupational injuries,
illnesses and disability (Disability Services)
 one focused on occupational injuries, illness and
disability (Workers Compensation)
This system focused on E’ee’s claim status rather
than ability to return to work.
Using what we’ve learned to:
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Encourage an environment that fosters support for
disclosure to obtain support for workplace
modifications
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Proactively manage human capital to increase
productivity and control costs
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Realize significant budgetary, programmatic and
workplace benefits
Integrated Return-to-Work/
Work Retention (IRTW/WR):
What is it?
A transformative model of coordination and
service delivery to staff, faculty and
management experiencing loss time.
1.
2.
“One-Stop-Shop” approach to managing
loss time incidences, regardless of
etiology or claim status.
Philosophy change in managing loss time.
Objectives of IRTW/WR
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Consistent, effective process focused on work retention
and productivity of human capital
– Early intervention
– Internal case management
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Accountability for managing loss time and retention
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Seamless and effective collaboration among key offices
An illustration of U of M’s IRTW/WR
Institutional Partners
Shared Qualities between Disability
Accommodations and Return to Work Services
Return to Work Services
Disability Accommodations
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Focus on productivity through
reasonable accommodations
 Use technology and
accommodation services to “fill
in the gaps.”
 Confidential process for
handling medical records
 Experience with risk
assessment and “work
hardening” and other skills
important to recommending
accommodations and
preventing disabilities for other
workers.
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Focus on retention and
productivity of existing
employees with medical
conditions (illnesses and
injuries)
Use technology and similar
accommodation options to
return employees with medical
conditions to work
Need confidential process for
handling medical records to
prevent risk of discrimination
later, if condition becomes a
disability
Risk Assessment and “work
hardening” skills very useful.
A Few Other Notes…
Universal Instructional Design
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Includes alternatives
 Focuses on accessibility
 Includes many accommodations that
already exist
 Benefits many types of students
Principles for Applying
Universal Instructional Design
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Create a welcoming classroom climate
 Determine essential components
 Provide clear expectations and feedback
 Incorporate natural supports for learning
 Use varied instructional methods
 Provide for a variety of ways of demonstrating
knowledge
 Use technology to enhance learning
 Encourage faculty-student contact
Architecture
Education
Benefits
many
Architect/
Public
Instructor/
Student
Universal
Design
Respectful
climate
Universal
Instructional
Design
Alternatives
Built
environment
Physical
disabilities
Upfront
planning
Source: Curriculum
Transformation and Disability.
Curriculum/
policy
All
disabilities
Some Resources on UID…
 U of M DS web page:
http://ds.umn.edu/faculty/applyingUID.html
 Curriculum Transformation and Disability (CTAD):
Implementing Universal Design in Higher Education:
http://www.gen.umn.edu/research/crdeul/books
 Universal Design for Instruction Fact Sheet from the
University of Connecticut: www.facultyware.uconn.edu
 Center for Applied Special Technology (CAST):
www.cast.org
Principles for Applying Universal
Design to Customer Service
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Create a welcoming office climate.
 Determine essential informational components.
 Provide clear expectations and feedback.
 Incorporate “natural supports” for conveying information.
 Use multimodal ways for presenting information.
 Use technology to enhance service.
 Encourage face-to-face contact for problem solving.
Used by permission. Adapted from Curriculum Transformation and Disability. Funded by U.S. Department of Education.
Project #P333A990015. Copyright 2000.