Transcript Disability 101 Training LAURA TRONGE Department of Commerce Senior Disability Policy Advisor

Disability 101 Training
LAURA TRONGE
Department of Commerce
Senior Disability Policy Advisor
202-482-8187
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Film
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Rehabilitation Act of 1973
• Signed in 1973
• Applies to all Federal Agencies
• Prohibits discrimination against people with disabilities in
recruitment, discipline, benefits etc.
• Prohibits harassment and retaliation
• Applies legal standards of ADA
“The Federal government shall become a model
employer of individuals with disabilities.
Agencies shall give full consideration to the
hiring, placement, and advancement of qualified
individuals with mental and physical disabilities.”
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Targeted Disabilities
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Deafness
Blindness
Partial Paralysis
Total Paralysis
Missing Limbs
Distortion of Limbs or Spine
Mental Illness
Mental Retardation
Convulsive Disorders
Professional photo by LoBiondo Photographic.
http://www.enader.com/
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People with Targeted Disabilities
MD 715 requires agencies to:
•Focus on the employment, promotion, and
retention of people with targeted disabilities
(PWTD).
•Develop goals for the hiring of PTWDs.
•Department of Commerce goal is 0.9% PWTD
by 2011.
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Rehabilitation Act of 1973
Has three sections that apply to Commerce:
Section 501
Section 504
Section 508
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Section 501
Prohibits discrimination based on disability.
Requires agencies to provide reasonable accommodations.
Requires agencies to create an Affirmative Action Plan for
employment of people with disabilities.
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Commerce goal – 0.9% .
Commerce goal 25 PWTD per year.
Workforce Recruitment Program
National Technical Institute for the Deaf
Gallaudet University
Disability Career Centers at Universities/ Colleges
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Disability Related Questions
Pre Offer- Cannot ask
Post Offer- Can ask
Current Employees- ask if job related
and consistent with business
necessity.
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Section 504
A recipient of federal funding may not deny
persons with disabilities the opportunity to
participate in or benefit from the aid,
benefit, or service of any program or
activity receiving federal funding.
Translation: As a federally funded agency,
Department of Commerce must make all
services, programs, and activities
accessible to employees and citizens with
disabilities.
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Section 508
Requires that Federal agencies electronic and information technology
is accessible to people with disabilities, including employees and
members of the public.
Translation: Computer programs, web pages, handouts, videos,
broadcasts, copy machines, and any other technology must be
accessible.
When Federal agencies develop, procure maintain,
or use electronic and information technology,
Federal employees with disabilities have access to
and use of information and data that is
comparable to the access and use by Federal
employees who are not individuals with
disabilities, unless an undue burden would be
imposed on the agency. (36 C.F.R. 1194.1) 10
Electronic Accessibility
• Applies to all Federal Agencies
• Must ensure that technology is
accessible to employees and
members of the public with
disabilities to the extent that no
“undue burden” exists
• Access board establishes standards
www.access-board.gov/sec508/assessment.htm
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Americans with Disabilities Act
Amendments Act 2008 (ADAAA)
RATIONALE FOR AMENDMENT
• In favor of broad coverage to maximize inclusion
and entitlement.
• Standards also apply under the Rehabilitation
Act.
• Does not demand extensive analysis of whether
or not a person is a person with a disability.
• Focus on the need for an accommodation rather
than if the person is covered by the law.
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Disabled Individual
An individual who:
• “has a physical or mental impairment that
substantially limits one or more of that
person’s major life activities”;
• “has a record of such an impairment”;
• “is regarded as having such an impairment”
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Impairment
Physiological Disorder or Condition
Cosmetic Disfigurement
Anatomical loss affecting body system
Mental or Psychological Disorder
Specific Learning Disorder
Depression
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Significant Limitations
Unable to perform the major life activity or
significantly restricted
•Consider Nature
•Consider Severity
•Consider Duration
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Major Life Activity
Basic activity that the average person in the
general population can perform with little
or no difficulty
• Caring for one’s self
• Performing manual tasks
• Walking, talking, seeing, hearing, speaking,
sleeping, standing, working, lifting, bending,
breathing, speaking, learning, concentrating,
thinking, major bodily functions, etc.
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Major Bodily Functions
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Functions of the Immune System
Normal Cell Growth
Digestive
Bowel
Bladder
Neurological
Brain
Respiratory
Circulatory
Endocrine
Reproductive Functions
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Examples of Impairments Consistently
Meet the Definition of Disability
Examples:
Deafness, blindness, intellectual
disability, partially or completely
missing limbs, mobility impairments
requiring use of a wheelchair,
autism, cancer, cerebral palsy,
diabetes, epilepsy, HIV/AIDS,
multiple sclerosis, muscular
dystrophy, major depression, bipolar
disorder, post-traumatic stress
disorder, obsessive-compulsive
disorder, and schizophrenia.
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Qualified Individual
An individual who:
• Satisfies the requisite skills, experiences,
education and other job related requirements of
the employment position and
• Can perform the essential job functions of the
positions with or without a reasonable
accommodation
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Reasonable Accommodations
Federal Agencies are required to make
reasonable accommodation to the
known physical and mental
limitations of an otherwise qualified
individual with a disability unless the
agency can show that
accommodation would cause undue
hardship or be a direct threat.
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Undue Hardship
Consider:
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Nature of the Accommodation
Net Cost
Resources of the employer (agency)
Impact on employer’s operation
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Direct Threat
Significant risk of substantial harm that
cannot be eliminated or reduced by
accommodation
Based on medical knowledge or
Based on best available objective
Consider:
Duration of risk
Nature and Severity of harm
Likelihood of harm occurring
Imminence of potential harm
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Reasonable Accommodations
• A request for accommodation often stems from a desire
to improve performance or productivity.
• Department of Commerce must track the processing of
each request.
• Department of Commerce must report our average time
from request to provision of accommodation.
• Ignoring an accommodation request is the same as
denying a request, per the EEOC.
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Interactive Process
• Request triggers process
• Begin dialog to request specifics including;
• Specific requirements. i.e. type of software, type of
device.
• How accommodation will enable individual to
perform the essential functions of the position.
• Medical Documentation.
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Essential Functions
Consider:
• Purpose and result vs. method of performing.
• Actually required to perform.
• Consequences on job of removing function.
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Percentage of time the job function is performed.
Consequence of not requiring the job function.
Job Descriptions.
Specialized skills need to perform the job function.
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GINA – Genetic Information Nondiscrimination
Act of 2008
• Effective November 21, 2009
• Definition:
• Genetic information includes information about an
individual’s genetic tests and the genetic tests of an
individual’s family members, as well as information
about any disease, disorder, or condition of an
individual’s family members (i.e. an individual’s family
medical history). Family medical history is included in
the definition of genetic information because it is often
used to determine whether someone has an increased
risk of getting a disease, disorder, or condition in the
future.
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GINA – Genetic Information Nondiscrimination
Act of 2008
• Discrimination, Harassment or Retaliation
Because of Genetic Information
Discrimination
• any aspect of employment, including hiring, firing, pay,
job assignments, promotions, layoffs, training, fringe
benefits, or any other term or condition of employment.
• Exceptions
• Inadvertant questions
• FMLA – questions and process
• Public documents
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Emergency Preparedness
“No otherwise qualified individual
with a disability in the U.S. solely
by reason of his or her disability
shall be excluded from the
participation, or denied the
benefits of any program or activity
conducted by any Executive
Agency.”
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Program Rules for Success
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Involve PWD in process
Inform Facilities of particular issues
Identify area of rescue assistance
Do not rely on Buddy System
Utilize evacuation chairs
Plan for communication
Practice, Practice, Practice
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Computer/ Electronic Accommodations Program
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Also known an CAP
OSD Office
Established in 1990
Mission
“provide assistive technology and
accommodations to ensure people with
disabilities have equal access…”
• FY90 – FY10= 91,018 Accommodations
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CAP Process
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Needs assessment
Identify solution
Submit request (supervisor notified)
Purchase technology (supervisor notified)
Notify IT representative
Contact CAP
703-681-8813
www.tricare.osd.mil/cap
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Job Accommodation Network
• Also known as JAN
• Free advice to managers/ employees
• Conduct trainings and briefings
Contact JAN
800- 526-7234
www.jan.wvu.edu
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Workforce Recruitment Program
• Also known an WRP
• Department of Labor- Coordinator
• Computer Electronic/ Applications Program
(CAP)- Provides Electronic
Accommodations at no cost to the
Agency/ Activity
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Timeline
Managers/Supervisors interview
students for summer intern positions
Recruitment Visits to schools
Volunteer recruiters visit
approximately 250
Colleges and Universities
30 minute interviews
conducted
Jan.
Feb.
Mar.
Apr.
May
June
DoL sends employers data base
composed of student
information
July
Aug.
Sept.
Oct.
Nov.
Dec.
Database is active = March to
March
Can offer permanent positions
Utilize Schedule A appointment
authority
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Challenges
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Housing- non-availability
Transportation- non-availability
Process- Logistically arduous
Timeliness- Fierce competition
among Agencies, hiring/funding
process
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Advantages
• 14 weeks of labor
• Can convert intern to permanent if
qualifies for Schedule A without
competition
• Ability to mentor and groom an individual
for the professional workplace
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Schedule A Hiring Authority
Step 1: When managers have an open position, make contact with the Human
Resource Department;
Step 2: Discuss with the Human Resources what competencies the ideal candidate
should posses, thinking critically about the essential functions of the
position;
Step 3: Get candidates – Human Resource will be able to produce potential
candidates. The number of applicants available will vary greatly,
depending on the level of specialty required by the job.
Step 4: Make a selection – The hiring official can now review the resumes and
references of qualified, Schedule A eligible applicants, and make a
selection!
Step 5: Make an offer – Relay selection to appropriate persons within HR who
issue offers on behalf of agency.
Step 6: Once an offer has been accepted, a start date may be established to bring
the candidate on board.
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Initiatives
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Disability Awareness and Training
Workforce Recruitment Program
College Recruitment
Reasonable Accommodations
Coordinators (RAC) Committee
• Schedule A Hiring Authority
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RAC Contact Information
O/S – Ursula Snead
(202)-482-3860
Census – Randy Murbach
(301)- 763-6473
NOAA – Linda Tarlow
(301) 713-6352
NIST – Kristen Gilbert
(301)-975-3001
PTO – Caitlin Riley
(571) 272-7012
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Contact Information
Department of Commerce
Laura Tronge
Senior Disability Policy Advisor
Office of Civil Rights
[email protected]
(202) 482-8187
(V)
(202) 821-5903 (BB)
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