ADA & EMPLOYMENT Presented by: Massachusetts Rehabilitation Commission

Americans with Disabilities Act (ADA) ◦ Provides a clear and comprehensive national mandate for the elimination of discrimination against people with disabilities ADA states: ◦ An individual is considered to have a “disability” if s/he has a physical or mental impairment that substantially limits one or more major life activities OR ◦ Has a record of such an impairment; or is regarded as having such an impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability are also protected

ADA is considered a ‘Civil Rights Law’ No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions and privileges of employment

What does Qualified Individual mean? A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position s/he holds or seeks, and who can perform the essential functions of the position with or without accommodations

Essential Functions of the Job Essential functions are the basic job duties that an employee must be able to perform, with or without reasonable accommodation. You should carefully examine each job to determine which functions or tasks are essential to performance. (This is particularly important before taking an employment action such as recruiting, advertising, hiring, promoting or firing). Factors to consider in determining if a function is essential include: ◦ whether the reason the position exists is to perform that function, ◦ the number of other employees available to perform the function or among whom the performance of the function can be distributed, and ◦ the degree of expertise or skill required to perform the function. Your judgment as to which functions are essential, and a written job description prepared before advertising or interviewing for a job will be considered by Equal Employment Opportunity Commission (EEOC) as evidence of essential functions. Other kinds of evidence that EEOC will consider include: ◦ the actual work experience of present or past employees in the job, ◦ the time spent performing a function, ◦ the consequences of not requiring that an employee perform a function, and ◦ the terms of a collective bargaining agreement.

Reasonable Accommodations A 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 the essential job functions Examples: ◦ Providing physical access ◦ Restructuring a job ◦ Modifying a work schedule ◦ Providing a reader ◦ Providing an interpreter ◦ Providing assistive equipment ◦ Magnified screen for People with low vision ◦ Dragon Dictate for people with learning disorders

Terminology and Etiquette

No- No’s ◦ Handicapped ◦ Victim ◦ Crippled ◦ Wheelchair- bound ◦ Mentally Retarded ◦ Crazy, Manic, Lunatic, Schizo, Psycho ◦ Epileptic, spaz ◦ Midget ◦ Deaf and Dumb ◦ The Disabled

DO’s ◦ James has diabetes ◦ Not: He’s a diabetic ◦ Vicky has a disability ◦ Not: She is handicapped ◦ Al has depression ◦ Not: He suffers from depression ◦ Jessica has PTSD ◦ Not: She is a victim of PTSD

Disabilities ◦ Mobility Disabilities ◦ Low Vision ◦ Blind ◦ Hard of Hearing ◦ Deaf ◦ Intellectual Disabilities

Disabilities that may or may not be Apparent ◦ Alcoholism ◦ Autism ◦ Epilepsy ◦ Psychiatric Illness ◦ Tourette's Syndrome ◦ Traumatic Brain Injury

Functional Limitations PhysicalSensoryBrain- based MobilitySightLearning DexterityHearingDevelopmental StrengthSpeechMental Health StaminaTouchCognitive

Autism

Intellectual Disabilities May have Difficulties: ◦ Understanding detailed information ◦ Following instructions ◦ Learning new information ◦ Using and understanding spoken and written language ◦ Completing documentation

When communicating with people who have Intellectual Disabilities ◦ Be respectful and courteous ◦ Allow for more time, pause ◦ Be PATIENT ◦ Avoid technical words or jargon ◦ Be concrete with information in plain English ◦ Ask one question at a time ◦ Provide instructions one at a time, step by step ◦ check list ◦ Rephrase it ◦ Use visual cues ◦ Paraphrase back understanding ◦ Have person repeat back their understanding ◦ Provide immediate feedback

Effective Communication ADA ensures that communication with people who have disabilities is as a effective as communication with others. People who: ◦ Are blind or visually impaired ◦ Are deaf or hard of hearing ◦ Have an intellectual disability ◦ Have a speech disability

Effective Communication Auxiliary Aids and Services Businesses, non-profit organizations, state and local government must provide “auxiliary aids and services” if necessary to ensure effective communication

Communication with People who have Visual Disabilities ◦ Identify yourself (each encounter) ◦ Speak facing the person ◦ Describe who and what is there ◦ When leaving let the person know ◦ DO NOT pet or distract guide dog

Providing information in Braille Screen Reading Technology with audio Input & Output Refreshable Braille Magnifier Providing materials in auto format Provide printed materials, flash drive or Generally 18 point font unless otherwise requested

Deaf and Hard of Hearing and Communicating ◦ Look directly at the person ◦ Get in person’s line of sight ◦ Move to location with good lighting, avoid windows (glare) ◦ Do not cover your mouth, chew gum or turn away ◦ Do not speak while person is reading or writing ◦ Provide pertinent information in writing

Amplifier sounds devices

When using a sign language interpreter face and look at the people who is deaf. Sign Language Interpreter An Interpreter needs to be qualified: “Able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary.” Clarification is 2010 Regulation: May not rely on adult or child accompanying individual with a disability to interpret except: Emergency involving imminent threat to safety or welfare of individual or public

Telecommunications Relay Services Used by individuals who are Deaf, Hard of Hearing or Speech disabilities ◦ TTY ◦ Video phone ◦ Internet ◦ Caption Phone ◦ ◦ Text ◦ Computer Aided Real Time Transcription (CART)

People with Speech Disabilities ◦ Give your full attention ◦ Do not interrupt or finish sentences ◦ Ask to repeat (once) ◦ Repeat back what you think the person is saying and ask for the person to confirm your understanding ◦ Ask person to write or type information ◦ If you are still having difficulty understanding- Ask the person if there is someone around who can assist ◦ If you still do not understand be honest

Auxiliary Aids and Services and Undue Burden ◦ NOT required if they would result in undue financial or administrative burden ◦ Consider all resources available for funding and operation of the service, program or activity ◦ Written statement by head of public entity or designee of the reasons for reaching that conclusion

Myth: Providing accommodations for people with disabilities is expensive. Fact: The majority of workers with disabilities do not need accommodations to perform their jobs, and for those who do, the cost is usually minimal. According to the Job Accommodation Network (JAN), a service from the U.S. Department of Labor's Office of Disability Employment Policy, 57% of accommodations cost absolutely nothing to make, while the rest typically cost only $500. Moreover, tax incentives are available to help employers cover the costs of accommodations, as well as modifications required to make their businesses accessible to persons with disabilities.

People with Invisible Disabilities ◦ ADHD ◦ Celiac Disease ◦ Myasthenia Gravis ◦ Diabetes ◦ Cancer ◦ Heart Disease ◦ Depression/ Anxiety ◦ HIV ◦ Post Traumatic Stress Disorder ◦ Learning Disability ◦ Multiple Chemical Sensitives

Interacting with People who have Physical Disabilities ◦ Avoid hanging on or touching the person’s wheelchair, walker, canes, etc. ◦ Ask for permission prior to moving someone’s cane, crutches, walker, etc. ◦ If you are speaking with someone who uses a wheelchair for more then a few minutes, please sit. ◦ Don’t push someone’s wheelchair unless asked to ◦ It’s okay to offer ◦ Know your workplace ◦ Know accessible routes, restrooms, entrances, and parking spaces ◦ Is your office accessible?

ADA and Service Animals Any dog individually trained to do work or provide tasks for the benefit of an individual with a disability, including physical, sensory, psychiatric, intellectual or other mental disability. Service Animals must be under control of owner at all times (on a leash except in narrow circumstances). Examples: ◦ Deaf and Hard of Hearing ◦ Blind and Low Vision ◦ People who have Epilepsy Other work tasks: ◦ Providing physical assistance ◦ Providing non-violent protection or rescue work ◦ Alerting individuals to the presence of allergens

Service Animals People with Psychiatric Disabilities ◦ Preventing or interrupting impulsive or destructive behaviors ◦ Sensing an Anxiety attack is about to happen and taking action to avoid the attack or lessen its impact NOT considered work or tasks: ◦ Emotional support ◦ Well-being ◦ Comfort ◦ Companionship

INTERVIEWING ◦ Is my office accessible for someone who uses a wheelchair, crutches or other mobility device? ◦ If not, how do you accommodate this? ◦ Interviews are held on the 4 th floor and the elevator is out? ◦ Are the chairs in my office appropriate? ◦ Chairs with arms ◦ Chairs without arms ◦ How would you proceed if a job applicant comes to an interview with an interpreter? ◦ A job applicant who is blind comes to the interview with a service dog, how do you proceed? ◦ Am I asking every job applicant the same questions to get the best Qualified Individual?

Sample Questions Position: Head Clerk Q: What education, skills and training do you have that will help you succeed in this position? Q: Can you perform the essential functions of the job with or without accommodations? Q: What experience do you have answering multi-line telephones? Q: Give examples of times/experience you have processed and issued licenses, permits and collected fees and payment? Q: A vendor calls upset stating he never received a requisition they requested 3 weeks ago, how do you handle the situation? Q: What experience do you have preparing forms, letters, memoranda, correspondence and reports? How is your wpm?  Provide a typing test?  Provide a filing test?  Attention to detail test? Q: How would you file permit/license request in the designated area? (tall filing cabinet)  Is this an essential function? Could another employee assist with it?  Could applicant be provided a shorter filing cabinet? Braille on the folders? Q: Why did you leave your last job? Q: How many days were you absent from you last job?

Everyone is only temporary abled! - Springfield College Professor

Sources ◦ New England ADA Center – ADA training information from 7/13/16 presentation ◦ U.S. Equal Employer Opportunity Commission – ◦ U.S Department of Labor-