JAN is a service of the U.S. Department of Labor’s Office of Disability Employment Policy. 1 College to Career Transition: Leveraging the ADA & Accommodations at Work Tracie DeFreitas, M.S. Lead Consultant, ADA Specialist

 Using JAN  ADA 101  Disability Disclosure  Requesting and Negotiating Reasonable Accommodation Under the ADA 2 Discussion Topics

 Established in 1983 as a national, free consulting service  Expert consultation on:  Job Accommodations  All industries  All job categories  All impairments  Employment Legislation  Americans with Disabilities Act, as amended (ADA)  Rehabilitation Act  Most comprehensive national resource for job accommodation information and technical assistance on title I of the ADA  U.S. Dept. of Labor, Office of Disability Employment Policy, West Virginia University  NOT a job placement service 3 Who, What, Where is…JAN

 Who contacts JAN?  Employers  Individuals  Legal, Rehabilitation, Medical, Educational Professionals, etc.  Family Members, Friends  50,000 contacts per year 4  Consultant Specialists  Motor/Mobility  Cognitive/Psychiatric/ Neuro  Sensory/Immunology  ADA/Rehab Act  Entrepreneurship Contacting JAN

 Meet you where you are  Assist with the interactive process  Offer targeted technical assistance  Provide accommodation solutions  Share comprehensive resources  Maintain confidentiality 5 Ask JAN and we…

 Nearly 300 JAN- authored Publications and Countless Resources  JAN A-Z by Disability, Topic, & Limitation  Legal libraries that include regulations and Equal Employment Opportunity Commission (EEOC) guidance documents  JAN Quarterly E-News  Free Training Modules, Webcast Series 6 AskJAN.org Resources

 Transitioning students out of the nest  How does disability affect employment?  The ADA  Title I  Reasonable Accommodation  Non-discrimination 7 College to Career Transition

 Applies to private employers of 15 or more, state and local governments, employment agencies, and labor unions  Prohibits discrimination in all employment practices: job application; hiring, firing, advancement; compensation; training; other terms, conditions, and privileges of employment  Discrimination is prohibited against "qualified individuals with disabilities“  Requires reasonable accommodation for "known" disability of a qualified applicant or employee, barring undue hardship ADA 101 – Title I 8

 An individual has a disability under the ADA Amendments Act (ADAAA), if he or she:  has a physical or mental impairment which substantially limits one or more major life activities;  has a record of such an impairment; or  is regarded as having such an impairment.  Substantially limited is construed broadly  Compared to most people in the general population  Ultimately, employer decides  Not sure? JAN encourages to err on the side of caution and process the request 9 Who has a disability?

 Duty to provide reasonable accommodation is a fundamental statutory requirement  Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.  Duty is ongoing and there is no limit on the number of requests that must be considered ADA 101 – Title I 10

 Three categories of reasonable accommodation:  modifications or adjustments to a job application process  modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed  modifications or adjustments that enable the enjoyment of equal benefits and privileges of employment ADA 101 – Title I 11

 Reasonable accommodations must be made available to:  qualified applicants with disabilities  employees with disabilities, part- time or full-time, and even "probationary”  employees with a record of a substantially limiting impairment (i.e., schedule change for follow-up medical appointments)  Accommodation is not required for individuals who are only regarded as having a disability  Accommodations are not required for caregivers of individuals with disabilities ADA 101 – Title I 12

Basic Principles for Employers  Do not have to provide accommodations unless needed because of a disability  Do not have to provide accommodations that pose an undue hardship; significant difficulty or expense  Can choose among effective accommodations  Do not have to provide personal use items needed in accomplishing daily activities both on and off the job  Do not have to accommodate an individual who is not otherwise qualified for a position  Do not have to remove essential functions, create new jobs, or lower production standards ADA 101 – Title I 13

 Deciding if, when, and how to disclose disability is personal  Why disclose?  To ask for job accommodations  To receive benefits or privileges of employment  To explain an unusual circumstance  Tips  Don’t disclose too soon  Don’t disclose too late – but do disclose before performance suffers 14 Disclosure

 Is an applicant required to disclose disability or request reasonable accommodation at a certain time?  ADA places restrictions on disability-related questions that can be asked of applicants  May be asked to voluntarily self-identify as having a disability; Rehabilitation Act, Section 503  IWDs may be required to share disability- related information during the post-offer stage 15 Disclosure

 ADA places restrictions on disability-related questions that can be asked of employees  Must be “job-related and consistent with business necessity”  After accommodation request, when disability and/or need for accommodation are not known or obvious  When performance of job functions will be/is impaired by a medical condition  When employee poses a direct threat 16 Medical Inquiries

 What is a reasonable accommodation request?  An applicant or employee asks for an adjustment or change at work for a reason related to a medical impairment  Do not have to use the words ADA or “reasonable accommodation” when making a request  Do not have to make request in writing – BUT, written request is recommended  Can be made through manager, human resources, disability program manager, or other appropriate personnel 17 Requesting Accommodations

 Examples of accommodations in employment:  making existing facilities accessible  job restructuring  part-time or modified work schedules  acquiring or modifying equipment  changing tests, training materials, or policies  providing qualified readers or interpreters  reassignment to a vacant position  medical leave  working from home 18 Requesting Accommodations

 What is meant by “reasonable?”  Feasible or plausible  Must be effective in meeting the needs of the individual  Does not pose undue hardship  What is meant by “undue hardship?”  Significant difficulty or expense  Always case-by-case 19 Negotiating Accommodations

 What if the individual isn’t sure what accommodation is needed?  Share what is known  Impairment, limitations, job-related issues  Explore ideas with employer by engaging in the interactive process  Use JAN! 20 Negotiating Accommodations

 What if an accommodation request is denied?  Ask for more information about the denial  Provide additional information and offer alternative solutions  Seek-out internal complaint options  ADA violation?  Contact EEOC and/or state fair employment practice agency 21 Negotiating Accommodations

 Tips  Request accommodation before performance suffers  Submit accommodation request in writing  Follow-up on accommodation request within one week – in writing  If requested, share medical information with employer in a timely manner  Come to the table with accommodation solutions and resources – like JAN  Know your ADA rights and be a self-advocate – you’re on your own 22 Negotiating Accommodations

What are some of the most common accommodations? 23

 Adjusting arrival or departure times  Providing periodic breaks  Allowing a flexible schedule  Providing part-time work  Changing a shift  Exclusions from overtime  Allowing an employee to use accrued paid leave 24 Modified/Flexible Scheduling

 Modifying attendance and tardiness policies  Implementing a food- related policy  Modifying a dress code  Implementing a policy related to fragrances  Modifying a policy related to working from home 25 Modified or New Policies

 Reallocating or redistributing marginal job functions  Altering when and/or how a function, essential or marginal, is performed  Light duty  Never have to reallocate essential functions, but can 26 Job Restructuring

 Purchasing, modifying, and designing equipment 27 Equipment Examples: Screen magnifying/reading software Videophone iPad with aps Desk chair or adjustable workstation Keyboard Sit/lean stool *JAN does not recommend or endorse products.

 Permitting use of accrued paid leave as-needed  Providing unpaid leave  Providing ADA leave after Family & Medical Leave Act (FMLA) has expired 28 Leave

 Finding a Job that is Right for You Finding a Job that is Right for You  Disability Disclosure and Interviewing Techniques Disability Disclosure and Interviewing Techniques  Disability Disclosure and Employment Disability Disclosure and Employment  The ADA: Your Employment Rights as an Individual With a Disability The ADA: Your Employment Rights as an Individual With a Disability  Employees' Practical Guide to Requesting and Negotiating Reasonable Accommodations Under the ADA Employees' Practical Guide to Requesting and Negotiating Reasonable Accommodations Under the ADA  Ideas for Writing an Accommodation Request Letter Ideas for Writing an Accommodation Request Letter 29 Tools

30 Contact JAN (800) (V) - (877) (TTY) AskJAN.org (304) via Text janconsultants via Skype Thank you for attending! Any questions?