Providing Reasonable Accommodations for Individuals with Disabilities in National Service Programs Presenter: Dr. Suzanne Gosden Kitchen Thanks for joining us today.

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Providing Reasonable Accommodations for Individuals with Disabilities in National Service Programs Dr. Suzanne Gosden Kitchen Senior Consultant

Presentation Objectives 1. Learn to use the JAN website 2. Understand disclosure /documentation process under ADA 3. Identify job accommodations for various disabilities Increase knowledge of various types of job accommodation under the ADA. 4. Practice writing a job accommodation request letter.

 Established for 25 Years  Funded by the Office of Disability Employment Policy  Based in Morgantown, WV  Serves a national audience  Provides electronic and telephone consultation, expert training, and comprehensive accommodation and compliance information JAN Overview

 38,000 contacts annually  3.5 million Web hits annually  Employers  Individuals with disabilities  Educational Professionals  Rehabilitation and medical professionals  People with disabilities interested in self-employment Who Uses JAN? EVERYONE DOES!!

Explore JAN on the Web!

Wonder why… …some people with disabilities do not disclose their disability to others in the program?

 Perhaps no accommodation is needed.  Perhaps accommodations are implemented without involving the program manager.  Perhaps the specific accommodation is not known.  Perhaps confidentiality is desired above all else.  Perhaps there is skepticism or fearfulness about disclosure.  Perhaps there is shamefulness or embarrassment about disclosure.  …other thoughts??????

TO Disclose or NOT to Disclose… Advocacy groups for people with disabilities may maintain a strong position FOR or AGAINST disclosure, for reasons such as:  Solidarity  Change  Empowerment  Protection

TO Disclose or NOT to Disclose… Sometimes people are advised:  not to disclose  to disclose at inappropriate times  Do you have an experience to share?

But people do disclose… …for some very good reasons!

Why Disclose?  To ask for job accommodations  To receive benefits or privileges specifically for employees with disabilities  To explain an unusual circumstance

HOW to disclose the disability: The individual must let the program manager know:  an adjustment or change in service is needed for a reason related to a medical condition To request accommodation, an individual:  may use "plain English"  need not mention the ADA  need not use the phrase "reasonable accommodation"

HOW to disclose the disability: Verbally: or in writing, tell the…  Program manger  Site Supervisor  Human Resource Representative  or other appropriate person

Disclosure Scenario #1 Disability: ADD Scenario: A Senior Corps member Disclosure: Verbally tells supervisor of the disability and the need for written reminders on project details

Disclosure Scenario #2 Disability: Sleep disorder Scenario: AmeriCorps member Disclose: Verbally tells supervisor of the disability and explains the need for a assistive technology as an accommodation

HOW to Disclose the Disability Documentation should be provided:  when the disability is NOT obvious  when the need for accommodation is NOT obvious

Documenting the Disability: Documentation comes from appropriate professionals:  Medical doctors  Psychiatrists and psychologists  Nurses  Physical or occupational therapists  Speech therapists  Vocational rehabilitation professionals  Licensed mental health professionals  Educational professionals

Documentation explains that a person meets the ADA’s definition of the word “disability”  Physical or mental impairment  Substantially limited - more limited than the average person  Major life activities - things we do every day with little or no effort:  eating  breathing  walking  talking  seeing  hearing  learning

Documenting a Disability Disability: Asthma Scenario: The member has:  difficulty breathing  physical fatigue  blurred vision during/after asthma asthma attacks Documentation: Explains these limitations, and justifies the need for reasonable accommodations

Documenting a Disability Disability: Bipolar Disorder Scenario: The member has:  difficulty concentrating  difficulty staying focused  difficulty interacting with coworkers Documentation: Explains these limitations, and justifies the need for reasonable accommodations

Definition of Disability  Unique to ADA  Different from other laws  IDEA  SSA  DMV  NOT automatically “disabled” under ADA if:  Had IEP from public school  Receive SSI or SSDI benefits  Hold a disability parking permit issued by DMV

WHEN to disclose the disability:  May request accommodation any time during application process or period of service  No preclusion from requesting accommodation because you did not disclose “up front”

WHY to disclose the disability: To request accommodation  when a site barrier prevents you from performing your job As a practical matter  request accommodation before performance fails or conduct problems occur

What Accommodation to Request:  using assistive technology  modifying your service/volunteer schedule  acquiring a service  using leave (time off)  receiving a position reassignment  implementing service/volunteer restructuring  modifying service instruction or training materials  other accommodations  tele-work  adjusting supervisory method  using a service animal  modifying a policy

Using assistive technology: any item or piece of equipment that is used to increase, maintain, or improve functional capabilities of individuals with disabilities

What does AT look like?

Modifying the service schedule:  a certain number of hours per day  a certain number of hours per week  a certain number of days in a row  at a certain time of the day or night

Acquiring a service:  sign language interpreter  CART service  service/volunteer coach  scribe  reader

Using leave (time off):  to receive treatment  to recuperate from impairment  to avoid adverse conditions at work  broken elevator  poor air quality during a renovation  how much leave not specified in ADA  service position should remain open  can’t be penalized for using leave

Reassignment: to an equal position that is open, that the person is qualified for  the person does NOT compete for the position  the employer does not have to create a position

Other accommodations:  tele-work or working from home  adjusting supervisory method  using a service animal  modifying a policy

Case Study #1  Member with LD  Volunteering at a local soup kitchen  Limitations:  Sub-average reading skills How might we accommodate her?

Case Study #1

Case Study #2  Member with Schizophrenia  Volunteering by building homes in the community  Limitations:  Difficulty managing stress  Easily distracted How might we accommodate him?

Case Study #2

Case Study #3  member with age-related vision loss  Volunteering at local community center doing literacy tutoring  Limitations:  Poor visual acuity  Impaired memory How might we accommodate him?

Case Study #3

Resources EEOC Guidance on Reasonable Accommodation and Undue Hardship Ideas for Writing an Accommodation Request Letter Employee’s Practical Guide to Requesting and Negotiating Accommodations under the ADA

Contact Information (800) (V) (877) (TTY) Suzanne Gosden Kitchen

Questions