1 ADA Basics: A Primer for Workforce Professionals DBTAC: Rocky Mountain ADA Center CO, MT, ND, SD, UT, & WY 800/ (V, TTY) Jana Copeland, Director

2 Disclaimer Information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA. DBTAC authorized by NIDRR to provide information, materials, and technical assistance to individuals and entities that are covered by the ADA.

3 Title II Overview Brief overview of the provisions regarding state and local governments

4 Five Titles of the ADA I. Employment II. Public entities III. Public accommodations IV.Communications V. Administrative

5 State & Local Gov’t - Title II Part A Covers all state & local governments Including public school districts, special districts, etc. Enforced by Dept. of Justice Part B Covers public transportation Enforced by Dept. of Transportation

6 ADA & Workforce Centers Workforce Professionals & Areas of ADA responsibility

7 Two Dimensions of ADA Responsibility Helping customers with disabilities accomplish their goals Requires understanding of ADA rules governing entities with whom clients interface, for example: Employers Day care Transportation Ensuring the center can effectively serve customers with disabilities Title II responsibilities Includes contracted support

8 General Requirements For qualified individuals with disabilities, a Title II entity must: Provide equal opportunity Not deny participation Not apply surcharges Not make unnecessary inquiries Strive for integrated vs. separate programs Make reasonable modifications to permit participation Ensure contracted service providers adhere to Title II rules

9 Program Accessibility A public entity’s services, programs, or activities, when viewed in their entirety must be readily accessible to and usable by people with disabilities Achieving program accessibility Reasonable modification to policies and procedures Acquisition or redesign of equipment or assignment of aides Provision of service at alternate sites Structural modification or physical barrier removal Exceptions Fundamental alteration Undue burden

10 Reasonable Modification Changes to policies, practices, and procedures that allow persons with disabilities access to the public entity’s programs and services Examples Simplification of application process Not requiring individual to appear personally to make application for benefit Delivering or mailing a check or application that must normally be picked up Limited by fundamental alteration and undue financial or administrative burden

11 Communication Issues Ensure effective communications Auxiliary aids or services Interpreters Materials in alternate formats TTYs and relay service

12 Title II Resources It’s not knowing all the answers… it’s knowing where to go with questions!

13 Key Resources ADA Questions & Answers Titles II Technical Assistance Manual DOJ’s Titles II Highlights Online Courses DOJ’s “Reaching Out to Customers with Disabilities” DBTACs’ “ADA Title II Tutorial” & “At Your Service: Welcoming Customers with Disabilities”

14 Other Resources DBTAC 800/ (V, TTY) ADA Training Resource Center U.S. Dept. of Justice 800/ (V)

15 Break To Answer Q&A If you have a question or comment on the information covered so far, please submit it using the Q&A panel on the right hand tool bar on your screen.

16 Overview of Title I What are the basic provisions of employment provisions of ADA Title I? What are reasonable accommodations?

17 Five Basic Protections Equal opportunity to apply for jobs and work in jobs for which they are qualified Equal opportunity to be promoted Equal access to benefits and privileges of employment No harassment or hostile work environment Reasonable accommodations to enjoy equal employment opportunity

18 General Employment Rule Job application process Hiring Promotion Discharge Compensation Benefits Training All aspects of employment! Unlawful to discriminate against a qualified individual with a disability with regards to:

19 It’s All About Equality! Hire, fire, and promote the most qualified, deserving individual!

20 Reasonable Accommodations Modifications or adjustments to a job, employment practice, or work environment that makes it possible for an individual with a disability to enjoy an equal employment opportunity Equal employment opportunity: opportunity to attain same level of performance or to enjoy equal benefits and privileges of employment

21 When Accommodations are Required Application process Performance of the essential functions of the position Enjoyment of equal benefits and privileges of employment

22 Accommodation Facts Over 70% of employees with disabilities never request an accommodation Cost effectiveness: 50% cost $50 or less $5 return in productivity and saved costs for every $1 spent on ADA-related accommodations

23 ADA Tax Incentives Disabled Access Credit Barrier Removal Deduction Work Opportunity Tax Credit

24 Employee Responsibilities Process must be initiated by the employee with a disability- disclosure required Provide documentation of need for accommodation if requested Be involved in process of identifying effective accommodation

25 Disclosure and the ADA Disclosure strategies for the workplace

26 When to disclose? Applying with a state or Federal agency with affirmative action responsibilities Job relates to experiences as a person with a disability Having a disability is a requirement Job-related limitations require request for reasonable accommodation

27 Disclosure Strategies If asked on an application to disclose, leave blank During an interview, be prepared to answer difficult questions (like gaps in work history) Be aware that employer may request medical documentation following accommodation requests Focus on abilities and skills, not disability Ultimately, disclosure is individual’s prerogative!

28 Title I Resources It’s not knowing all the answers. It’s about knowing where to go with your questions!

29 Key Publications Your Employment Rights Job Accommodations for People with … Disclosure Decisions to Get the Job Ideas for Writing an Accommodation Request Letter Employees' Practical Guide to Requesting and Negotiating Reasonable Accommodations Under the ADA

30 Other Resources DBTAC 800/ (V,TTY) Job Accommodation Network 800/ (V, TTY) EEOC 800/ DOL’s Office of Disability Employment Policy RRTC on Workplace Supports

31 Etiquette Basics General strategies for practicing good disability etiquette

32 The Basics Put the person first & their disability second Don’t make assumptions about needs, abilities, or limitations Varying levels of abilities and limitations Create environment that permits people with hidden disabilities to disclose if necessary

33 More Basics Always ask before helping Treat adults as adults Be sensitive about physical contact Use common sense Apply basic courtesies to ALL people Relax!

34 Workforce Center Situations Etiquette strategies for specific settings

35 Marketing Etiquette Advertise services & job openings in disability-related publications Include details of location Include EEO statement in ads

36 Reception Etiquette Know location of accessible restrooms, drinking fountains, and telephones Use normal tone of voice when welcoming Introduce yourself Offer to shake hands, if appropriate

37 Scheduling Etiquette Ensure that meeting location is accessible Be familiar with travel directions to location Offer expected duration and end time if asked

38 Meeting Etiquette Conduct emphasizing abilities, achievements, and individual qualities Ask questions used with all customers Be patient when speaking & listening Use location with good lighting

39 WFC Environment Review physical features of center and make adjustments if necessary Consider assistive technology available to increase accessibility Make materials available in accessible formats Prepare other staff for adjustments and changes Allow flexible scheduling, if possible

40 Etiquette Resources Publications, websites, and organizations

41 Publications Disability Etiquette Guidelines for Reporting and Writing About People with Disabilities Resources available from the DBTACs: Sign Language Posters ADA Quiz Book, 3 rd Edition Etiquette Tip Cards Getting it Right DVD

42 Websites United Spinal Association National Organization on Disability Easter Seals

43 Next Steps A Plan of Attack for Workforce Center Compliance

44 Plan of Attack Conduct a facility self-evaluation for physical accessibility using existing facility checklist Examine intake procedures to ensure they don’t discriminate Examine other policies for discriminatory elements Establish policy for provision of effective communications including sign language interpreters Install a TTY and train staff in its use as well as relay service use

45 Plan of Attack (cont.) Examine written and visual materials for appropriate depiction of people with disabilities Re-examine any exclusions based on fundamental alteration or undue financial or administrative burden exceptions Examine policy for selecting meeting sites Examine policy for ensuring contractors meet ADA standards Examine policy for acquisition of electronic and information technology

46 Plan of Attack (cont.) Examine new staff training on disability issues Ensure printed materials include appropriate notification regarding department’s nondiscrimination policy Establish a grievance policy for clients with disabilities Assign designated staff member as the ADA coordinator Review evacuation procedures to ensure there are provisions for clients and staff with disabilities

47 Customer Action Steps Become familiar with the ADA and workplace rights and responsibilities Prepare to request reasonable accommodations as necessary Gain a comfort level discussing impairments with employers Know the resources!

48 Question and Answer Session Open lines for Discussion If you have a question or comment click on the “raise hand” icon on the right hand side toolbar. We will then un-mute your line. You can also submit your question or comment in writing using the Q&A function on the toolbar. Please be sure to send it to either the “host” or the “panelist”. We will then read your question.

49 More Questions? Jana Copeland, PhD DBTAC: Rocky Mountain ADA Center 3630 Sinton Road, Suite 103 Colorado Springs, CO / , ext / (fax)