Section 503 Refresh: Developing Your Inclusion Strategy Lou Orslene, CPDM, MPIA, MSW JAN Co-Director Voice TTY Ask.JAN.org A free service of the Office of Disability Employment Policy, U.S. Department of Labor Job Accommodation Network

Presentation Overview 1. Job Accommodation Network (JAN) 3. Signs that Your Doors are Open 6. Questions Section 503 Refresh 2. OFCCP Proposed Changes - Section Disclosure and the Interactive Process 5. Making Your Business Inclusive

Job Accommodation Network Job Accommodation Americans with Disabilities Act Self Employment JAN Overview

Job Accommodation Network 25 Years of Service Experienced Free National Easy to Use JAN Overview

Job Accommodation Network Employers Individuals Rehabilitation and educational professionals Others JAN Overview

Job Accommodation Network JAN Overview Motor/Mobility Cognitive/Psychiatric Sensory Self-employment

Job Accommodation Network Accommodation and ADA Consultation Technical Assistance Documents Process and Guidance Benefit/Cost Research Policy Development JAN Overview

Job Accommodation Network RESULTS: 56% were made at no cost $500 was the typical cost reported JAN Study

Job Accommodation Network Retained a valued employee89% Increased the employees productivity71% Eliminated costs of training a new employee60% Increased diversity of the company43% Saved workers compensation/other insurance costs39% Promoted an employee10% Direct Benefits after Accommodation

Job Accommodation Network Improved interactions with co-workers68% Increased overall company morale63% Increased overall company productivity59% Improved interactions with customers47% Increased workplace safety45% Increased profitability32% Increased customer base18% Indirect Benefits after Accommodation

OFCCP Proposed Changes Directly from OFCCP Webinar on Section JAN Study

OFCCP Proposed Changes FAQs About the NPRM How Do I Submit Comments? By February 7 th, 2012 Electronically, (most common) by accessing the Federal eRulemakingportal called regulations.gov: Follow instructions for submitting comments using RIN number 1250-AA02; OR Mail or hand deliver/courier to: Debra A. Carr, Director, DPPPD, Office of Federal Contract Compliance Programs, Room C Constitution Ave, N.W., Washington, D.C FAX (comments of 6 pages or less) to (202)

OFCCP Proposed Changes NPRM Overview Incorporate changes necessitated by the ADA Amendments Act of 2008 Require annual review of personnel processes Require outreach & recruitment measures Mandate job listing requirements JAN Overview: Start with JAN

OFCCP Proposed Changes NPRM Overview (2) Modify invitation to self-identify Establish a national utilization goal Require written reasonable accommodation procedures Require increased data collection Modify compliance evaluation procedures

OFCCP Proposed Changes Necessitated by the ADAAA ADAAA applies equally to Section 503. ADAAA primarily broadens the definition of disability; became effective January 1, NPRM revisions consistent with amended EEOC regulations. JAN Overview: Start with JAN

OFCCP Proposed Changes Annual Review of Personnel Processes Mandate previously recommended steps contractors must take to review their personnel processes, and to review physical and mental job qualifications Review and its results must be documented Reviews must take place annually rather than periodically

OFCCP Proposed Changes Mandatory Outreach/Recruitment Efforts Proposes requiring that contractors: List all openings with the employment delivery service/One-Stop; Enter into at least 3 linkage agreements; Annually review effectiveness of recruitment efforts; and Document this review Records must be kept for 5 years

OFCCP Proposed Changes Invitation to Voluntarily Self-Identify Proposes both pre-offer & post-offer invitations AND Annual anonymous resurvey of employees OFCCP will mandate text of contractor invitations Will provide much needed data to evaluate workplace practices

OFCCP Proposed Changes Establishment of a National Utilization Goal National utilization goal of 7% for each job group in workforce Based on limited American Community Survey (ACS) labor force & discouraged worker data Goal is neither a quota nor a ceiling An important tool: What gets measured gets done

OFCCP Proposed Changes Written Reasonable Accommodation Procedures Proposes contractors develop and implement written procedures for accommodation requests. Procedures must be in AAP and contain specific elements, including: How to request reasonable accommodation; Written confirmation of RA requests; Timeframe for processing RA requests; When medical documentation may be sought; Denials in writing, including the basis for denial; and Responsible official and contact information

OFCCP Proposed Changes Increased Data Collection Proposes contractor document & maintain specific data computations, including :The ratio of jobs filled to job openings; The ratio of applicants with disabilities to all applicants; The total number of applicants hired; and The ratio of individuals with disabilities hired to all hires. Records must be kept for 5 years

OFCCP Proposed Changes Compliance Evaluation Procedures Proposes revisions to compliance evaluation procedures: Contractors must provide records in any available format that OFCCP requests; Allows access to records for compliance checks & focused reviews onsite OR offsite at OFCCPs discretion; and Adds a pre-award compliance evaluation to make Section 503 consistent with EO 11246

Signs that Your Doors are Open Four Signs the Doors are Open Accessible Worksite Accessible Ethos - particularly language Inclusive Policies and Practices Accessible Workplace Technologies

Signs that Your Doors are Open Language Tips People First Language No One is a Victim Adults do not have special needs Disabilities have various levels of impairment i.e. hearing, blind, autistic, etc. Mental Illness, correct? Not denigrating descriptions such as nuts, crazy, etc. Intellectual disability, correct? Not mental retardation

Signs that Your Doors are Open Meet and Greet Tips Just like you, right? Write down what you want to say Meeting and talking with a person with blindness Sit down and relax Intellectual disability Cosmetic disfigurement Service animal Speech impairment Ultimately if you are unsure about how to communicate, ask the person

Signs that Your Doors are Open General Tips at Work Abilities First Adaptive devices and assistive technology Communicate directly – eye contact - with a colleague with a disability Gaining the attention of someone who is deaf Communication preference Ask the person first before providing assistance

Signs that Your Doors are Open Interviewing a Person with a Disability Provide training to all the employees who might be in contact with a person with a disability Focus on essential functions of the job Disability does not need to be disclosed Voluntary disclosure – affirmative action only How to reply to a disclosure of disability

Signs that Your Doors are Open Supervising a Person with a Disability Orient them to the evacuation procedures Learning to navigate the office Respect Privacy and do not make small talk about disability Productivity tools - Just do it But, if a person discloses and asks for an accommodation then begin the interactive process – communicate frequently, document, and meet your policys timelines

Signs that Your Doors are Open Policies and Procedures Reasonable Accommodation Policy How to request reasonable Written confirmation of requests Timeframe for processing requests When and how medical documentation may be sought Denials in writing including basis for denial Responsible official and contact information Detailed interactive process

Signs that Your Doors are Open Accessible Technology Websites – JAN SNAP Tool Applicant Tracking System Online HR Systems Intranets Service Centers Products and Services Promotions – Marketing & Communications

JANs Interactive Process Why have a process? Consistency Successful Accommodations Good Faith Effort

JANs Interactive Process ADA Basics ADA Requires Reasonable Accommodation Interactive Process Recommended Amendments Act Broadened Coverage Everything Else Stayed Same

JANs Interactive Process Why people disclose? To ask for job accommodations To receive benefits or privileges of employment To explain an unusual circumstance

JANs Interactive Process How do people disclose? Probably will use "plain English" Probably will not mention the ADA Probably will not use the phrase reasonable accommodation Will though express a need for an adjustment or change at work is needed for a reason related to a medical condition

JANs Interactive Process How employees may disclose? Verbally or in writing Supervisor HR Representative Disability Coordinator Other person stipulated by policy

JANs Interactive Process

Step 1: Recognizing an Accommodation Request TIPS Err on the side of caution Act quickly Assign responsibility Conduct training

JANs Interactive Process An employee who is on FMLA notifies his employer that he will need additional leave after his 12 weeks of FMLA run out. Is this an accommodation request?

JANs Interactive Process Is this an accommodation request? Yes. More leave (an accommodation) is needed because of a medical condition

JANs Interactive Process Step 2: Gathering Information TIPS Find out the limitation and problem Get information from the employee when possible Remember ADA rules for medical inquiries

JANs Interactive Process In response to a poor performance evaluation, a teacher discloses that she has multiple sclerosis that is contributing to her performance problems and says she needs an accommodation. Do we have all the information we need?

JANs Interactive Process Job Accommodations That Work Do we have all the information we need? No. Do not know limitations Do not know problem

JANs Interactive Process Step 3: Exploring Accommodation Options TIPS Keep an open mind Invite the employee to suggest accommodations Ask the employees medical provider for ideas Use JAN when needed

JANs Interactive Process A call center employee with heart/circulatory problems needs to take breaks to move around. Allowing more breaks will interfere with the employers call routing system. How can we figure out what else might work?

JANs Interactive Process How can we figure out what else might work? Call JAN! Under desk pedal device Meets employees needs without leaving her desk

JANs Interactive Process Step 4: Choosing an Accommodation TIPS Consider the employees preference Consider a trial period

JANs Interactive Process A customer service representative with diabetes had a strong body odor that he could not reduce until he got his diabetes under control. His employer was considering putting up cubicle walls and an air- purifier in his work area. His job could be done from home but the employer was concerned about isolating the employee. How should the employer decide which accommodation to choose?

JANs Interactive Process How should the employer decide which accommodation to choose? Talk with the employee! Employee preferred to work at home so not forced isolation Employee was more concerned about the cubicle/air-purifier drawing attention

JANs Interactive Process Step 5: Implementing the Accommodation TIPS Make sure all necessary steps are taken to implement the accommodation Communicate with essential personnel about the accommodation

JANs Interactive Process A secretary with a shoulder injury and 10 pound lifting restriction had to get bulk items weighing more than 10 pounds from the storage closet. Her employer purchased her a small lifting device for office settings. Is that it?

JANs Interactive Process Is that it? No. May need to be assembled Employee may need instruction in use Route of travel may need to be established

JANs Interactive Process Step 6: Monitoring the Accommodation TIPS Check on effectiveness Maintain the accommodation Encourage ongoing communication

JANs Interactive Process An auditor with progressive vision loss from macular degeneration started using screen reading software a year ago. Recently the employer purchased new database software only to find out that the employees screen reading software would not work with the new database. How could the employer have avoided this problem?

JANs Interactive Process How could the employer have avoided this problem? When purchasing new products and equipment: Remember to consider accessibility issues Do not forget about existing accommodations

Making Your Business Inclusive J.P Morgan Chase uses a top down approach… Champion in the C Suite Everyone from the Board to the CEO to senior division heads needs to lend their collective weight Needs and direction of the new initiative should come from the top Institutionalized channels of communication should be used to inform everyone company wide Joan McGovern, Vice President at Corporate Diversity, JP Morgan Chase

Making Your Business Inclusive Highmark Blue Cross Blue Shield uses a strategic approach to disability… Establish a diversity recruiting commitment Develop a diversity performance objective Build a diversity and inclusion strategic plan Train, train, train Set a centralized accommodations budget Tammie McNaughton, HR Strategies, former Director of Corporate Diversity & Work Life at Highmark Blue Cross Blue Shield

Making Your Business Inclusive Start by: Indentifying internal champions Developing an internal and external communication or outreach plan for the company Developing a baseline and goals Identifying external partners to assist Developing a company-wide training program Testing the accessibility of your systems

Making Your Business Inclusive Start internally by: Developing internal expertise concerning issues of disability Updating your accommodation policy and procedures Identify current employees with disabilities who are open about their disability and willing to for instance help start an employee resource group Provide champions with information to dispel the myths about disability when they arise

Making Your Business Inclusive Start externally by: Visiting other companies or joining US BLN to identify a mentor Asking other companies for their benchmarks Identifying external partners for technical assistance Identifying external partners to build your talent pipeline Reviewing articles and books on inclusion

Making Your Business Inclusive As part of your internal communications - what everyone needs to know: Who are you top champions Who the point person and internal expert is for disability related questions What to do if someone discloses How are accommodations funded How will they be held accountable

Making Your Business Inclusive Recruiting and Hiring Have a process in place to follow up with applicants or candidates who disclose Accessible and usable on-line application system Accessible collateral hiring materials Accessible tests required of the applicant or candidate Voluntary, confidential self-identification form Accessible training materials for new employees

Making Your Business Inclusive Retention Again partnering with JAN, your state VR agency or other local organizations Have an accommodation team with a single point of contact for accommodation requests Have a centralized accommodation fund Have a confidential and objective process in place for determining accommodations Practice universal accessibility by insuring: software or hardware accommodation operates with your database systems and intranet company training materials are accessible company multimedia is accessible company communications are accessible Physical site is accessible

Know Your Resources Select Resources : Recruiting - GettingHired.com One More Wayhttp://onemoreway.org/ Workforce Recruitment Program (WRP) EARN Emerging Leaders Program Career Opportunities for Students w/Disabilities (COSD) Accommodation, ADAAA, and AT Technical Assistance JAN AskJAN.org Hardware/Software/Website Accessibility Issues- SSB BART Group Inc. WebAimhttp://webaim.org/ Leaders in Inclusive Workplaces - US Business Leadership Network Guidance, Publications, & Research - SHRM Disability Resources ADA National Network (DBTAC) Diversity Inc.(Disability page)