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Training Session #2 Accommodating Disability
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MISSION To ensure that youth with disabilities are provided full access to high quality services in integrated settings in order to maximize their opportunity for employment and independent living The National Collaborative on Workforce and Disability/Youth (“The Collaborative”) was formed in 2001 It is funded by the Office of Disability Employment Policy in the Department of Labor. Work of the Collaborative has started with the end in mind. NCWD/Youth recognizes that to achieve this, it needs to: 1) Improve State & Local Policy 2) Strengthen Workforce Development Service Delivery 3) Improve Knowledge, Skills, & Abilities of Direct Service Workers National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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COLLABORATIVE PARTNERS
Center for Workforce Development, the Institute for Educational Leadership Disability Studies & Services Center, the Academy for Educational Development National Conference of State Legislatures National Youth Employment Coalition National Association of Workforce Boards National Center on Secondary Education & Transition, the University of Minnesota TransCen, Inc. The Collaborative consists of organizations with expertise in education, disability and workforce development. Each of the partners has specific responsibilities with regard to specific audiences that the Collaborative is trying to reach. Those audiences include: Youth service providers (professionals who work directly with youth) Administrators of programs Employers Policymakers Youth with disabilities and their families National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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TYPES OF PRODUCTS AND RESOURCES
How to Guides Information and Policy Briefs Backgrounders Hot Topics Syntheses Funding Sources Training Materials We encourage you to visit our website at We encourage you to visit our website at to see what is available. The “Hot Topics” section of the website, for example, contains in-depth examinations of a variety of topics written by the Collaborative’s experts. Each topical area includes analysis, research, references, resources, & answers to key questions for each of our audiences. Topics investigated include youth development and leadership, preparatory experiences, assessment, and work-based learning. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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What will you find in this Session?
Advantages of Work Why Focus on Youth with Disabilities Legislation Supporting Accommodations Workplace Accommodations Employer/Employee Responsibilities Case Studies Resources/Handouts National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Advantages of Work for ALL Youth
creates an employment history provides opportunity to gain valuable work-readiness skills & knowledge of careers provides an important source of income provides out-of-school youth with an opportunity to re-engage in a productive activity fosters close relationships between youth and adult mentors gives youth constructive roles as both learners and workers with real-life responsibilities To reiterate what was said about “WHY” this is so important, there are benefits for working for everyone, not just individuals with disabilities. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Advantages of Work (continued)
makes smoother integration into the adult work world enhances employability skills by learning on-the-job prolongs likelihood of staying in school longer by providing an incentive to complete secondary school self-esteem and self-reliance are built by responsibility and success makes the intellectual content of academic subjects more meaningful and relevant If youth are no longer in school, there is a stronger desire to stay employed if there is success on the job. It is a concern of those with disabilities that their accommodations are met and that there disabilities are known to their employers so likelihood of confusion or job responsibilities are settled. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Advantages of Work (continued)
provides opportunities to practice and apply skills in a hands-on setting clarifies career goals and pathways sustains contact with adults in a professional work environment associates punctuality, dependability, with a sense of personal responsibility, and high motivation to perform work well National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Why Focus on System Supports for Youth with Disabilities?
Youth with disabilities are oftentimes NOT receiving the same services and supports as youth without disabilities The same system should apply for youth with disabilities as for those without disabilities, but it oftentimes does not and this is WHY we should be focusing on youth with disabilities. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Why Accommodate Youth with Disabilities?
Access to work-based learning experiences is a crucial component for youth with disabilities to determine their career direction/choices. Success in the workplace often depends on the availability and effectiveness of accommodations and supports. Accommodations and supports ensure that youth have full access to the workplace and are successful in completing tasks. Prominent researchers in he field of transitioning youth with disabilities, Jones (2002) and Thurlow (2002) both emphasize that accommodations should be individualized and that the person’s needs and abilities drive the choice of accommodations and supports provided. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Legislation that Requires Accommodations
Americans with Disabilities Act (ADA) Section 504 of the Rehabilitation Act Section 508 of the Rehabilitation Act Individuals with Disabilities Education Act (IDEA) Section 188 of the Workforce Investment Act (WIA) National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Americans with Disabilities Act (ADA) of 1990
Prohibits discrimination against people with disabilities in employment, transportation, public accommodations, communications, and activities of state and local government Prohibits discrimination in private sector employment/training programs; and in state and local government employment, activities, and programs At this time, disseminate the following resources: “Facts about the Americans with Disabilities Act” and “ADA Information Services” For additional information as to the origin of the ADA and how it is implemented, the Disability Rights Section of the U.S. Department of Justice may be helpful. A complete listing of the website is available in the references/resource section in the back of this session. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Definition of Disability (under the ADA)
Anyone with a physical or mental impairment that substantially limits one or more of the following major life activities (examples): Walking Working Speaking - Taking care of self Sitting - Learning Hearing - Breathing Thinking - Standing Seeing Sleeping Concentrating - Reproduction At this time, disseminate the booklet titled “EEOC Federal Laws Prohibiting Job Discrimination: Questions and Answers”- U.S. Equal Employment Opportunity Commission. This is an informative additional resource. The Americans with Disabilities Act (ADA) is a law enforced through the Disability Rights Section of the U.S. Department of Justice. Unlike the IDEA, which generally applies up until high school completion or age 21, the ADA is lifelong and based on nondiscrimination. You can view the law in its entirety at the following link: National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Definition of Disability (under the ADA) (Continued)
Individuals associated with persons with disabilities (i.e., spouses, children, etc.) Anyone with a record of such impairment of substantial limitation Being regarded as having such an impairment At this time, disseminate the resource from the U.S. Department of Justice, Civil Rights Division, Disability Rights Section titled:” Myths and facts about the Americans with Disabilities Act. The second bullet, which refers to anyone with a record, may include school or employment records National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Important ADA Terminology
Qualified person with a disability Essential job functions Reasonable accommodations Undue hardship There will be more detailed discussions on the following 4 terms relating to the ADA . National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Qualified Person with a Disability
An individual with a disability who can: satisfy the required skills, experience and education for the desired or held position and perform the “essential functions” of the position, with or without “reasonable accommodations.” National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Essential Job Functions
These are the tasks that are fundamental and necessary to perform a given position. They do not include marginal duties. An example of essential job functions can be found under Slide #29- Undue Hardship Scenario #2 National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Reasonable Accommodations
This is any change an employer makes that enables a qualified person with a disability to: Have equal opportunity in the selection process, Perform the essential functions, and Enjoy equal benefits and privileges of employment. At this time, disseminate the resource titled: “ Complying with the Americans with Disabilities Act: A Guide for Employers” In addition, disseminate the resource titled: “The Job Accommodation Process”- Job Accommodation Network (JAN) and “Job Accommodation Ideas” These are extensive resources provided by the ADA Information Center for the Mid-Atlantic Region and the Job Accommodation Network. There are ADA Information Center around the country where information, resources, and material can be gathered. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Reasonable Accommodations (Examples)
Reasonable Accommodations may include: Extended breaks during work day Providing or modifying equipment Making facilities accessible and removing barriers Providing readers and sign language interpreters Allowing job coach participation Many of the examples can be found on the Job Accommodation Network website ( and may apply to community living, workplace, school, home, etc. and for varying ability levels. Oftentimes, when we think of reasonable accommodations, we think of costly accommodations to the job or workplace, but there are many instances when accommodations are not costly, but require some creative planning or shifting resources/services/supports that are already present. Examples of reasonable accommodations may include: Different lighting in an office space Quieter office space (less traffic) Color-coding files or keeping written directions posted as prompts National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Undue Hardship An employer needs to provide accommodations unless the accommodation would require “significant difficulty or expense” based on: The size of the business operation The financial resources of the employer There are specific questions an employer should ask when determining if there is undue hardship. An employer must provide a reasonable accommodation that would not cause him/her “undue hardship.” Oftentimes, an employer may determine that one kind of accommodation will cause undue hardship, where another kind will be effective and will not cause an undue hardship. The employer would be required to provide the latter accommodation. See slide #27 for continuation on Undue hardship National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Undue Hardship (Continued)
The cost of the accommodation in relation to the size of the business and its resources, The disruption to other workers The alteration to the employer’s business or the changes in the delivery of services. Oftentimes, when you think of undue hardships to employers, you think of excessive costs. Although many situations are about cost, there are situations that affect the “essential functions” of the job. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Undue Hardship Scenario #1
There is a small not-for-profit employment establishment (approximately 20 employees). They have access to limited resources and one of the employees is deaf and is seeking a full-time interpreter as an accommodation. After exploring all possible options, the cost of hiring a full-time interpreter would be at least $20,000. The small business is not able to afford such a cost and must seek other sources of support (possibly through VR) to help compensate the business. These are also available on Handout #5 titled: “ Undue Hardship Scenarios” Scenario #1 focuses on cost which is a fairly common undue hardship concern National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Undue Hardship Scenario #2
An employer is seeking a full-time position for someone to perform various administrative duties while the office is open for operation (9-5 pm). One of the functions of the job is to answer the telephones during office hours. An employee with a disability is seeking alternate hours for working at this job (11-7 pm) as an accommodation. The employer would essentially have to waive the essential functions of the job as they were posted for the job opening. The office is only opened from 9-5 pm and an additional part-time position would need to be filled in order to accommodate the alternate hours. This may be viewed as an undue hardship to the employer. The second scenario focuses on how it may affect the essential functions of the job as it is written in the job description. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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The Individuals with Disabilities Education Act (IDEA)
mandates public school districts receiving federal funds provide a “free appropriate public education” in the least restrictive environment mandates transition services including activities that promote the movement from school to post-school activities, and appropriate placement options for all students who are eligible prohibits public school students with disabilities from being excluded from school-based or work-based learning activities This piece of legislation is appropriate for students receiving special education services who are trying to obtain a public education. The law applies to students identified with disabilities and who qualify to receive special education services up until they leave school or graduate. Least Restrictive Environment- Services, supports, education, etc. all provided in an environment that provides accommodations, individualized instruction, etc. BUT is as close to the general education environment as possible. Standard is to begin in the general education environment and add supports and services as needed. An excellent resource is the IDEA Partnerships that will bring multiple perspectives on how to implement the IDEA. A complete website listing is available in the resource/reference section in the back of this session. An additional resource that outlines the 6 principles of IDEA titled “IDEA Notes” can be located in the references/resource section at the back of this session. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Section 504 of the Vocational Rehabilitation Act
Section 504 of the Vocational Rehabilitation Act states that no individual with a disability can be denied access to any program or activity that receives federal funds because of his/her disability. Programs that receive federal funds must be accessible to people with disabilities Barrier-free Reasonable accommodations must be provided Vocational Rehabilitation Act prohibits discrimination in employment Section 504 was the primary access law protecting individuals with disabilities in postsecondary educational institutions and employment before the ADA. Reasonable accommodations may include transportation, assistive devices or interpreters. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Section 508 of the Vocational Rehabilitation Act
Section 508 of the Vocational Rehabilitation Act requires that federal agencies’ electronic and information technology be accessible to people with disabilities, including employees and members of the public Here are some Internet resources that provide additional information on Section 508 of the Vocational Rehabilitation Act. *This is a portal for information on the law, products, training programs, and a list of federal agency 508 contacts. *This site provides guidance materials from the Access Board on its 508 standards. *Several 508 stakeholders provide ongoing collaboration. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Individuals with Disabilities Education Act (IDEA)
For older youth with disabilities, the IDEA is organized around six central principles that thread through the law and support the rights that children and youth with disabilities and their families have and the way in which schools plan, deliver, and evaluate the special education services delivered to these children and youth The six principles include: Free, Appropriate, Public Education, aka “FAPE” Appropriate Evaluation, identifying disability to qualify for receiving special services Individualized Education Program, (IEP) Least Restrictive Environment, (LRE) Parent and Student Participation in Decision Making Procedural Safeguards National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Six Principles of the IDEA
Free, Appropriate, Public Education (FAPE) Appropriate Evaluation Individualized Education Program Free, Appropriate Public Education (FAPE)- The law ensures that each child receiving special education will have available a free, appropriate, public education, often referred to as FAPE. Appropriate Evaluation- The use of evaluation procedures that assure that all children with disabilities are appropriately assessed for purposes of eligibility determination, educational programming, and individual performance monitoring. Individualized Education Program (IEP)- The law requires that special education be appropriate and individualized. Each student who qualify to receive special education services must have a written Individualized Education Program (IEP), designed to meet his or her unique individual needs. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Six Principles of the IDEA (continued)
Least Restrictive Environment Student and Family Participation in Decision Making Procedural Safeguards Least Restrictive Environment (LRE)- LRE presumes that students with disabilities are most appropriately educated with their nondisabled peers and that special classes, separate schooling, or other removal of students with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a student is such that education in regular classes with the use of supplemental aids and services cannot be achieved satisfactorily. Parent and Student Participation in Decision Making- The education of students with disabilities can be made more effective by strengthening the role of family and the youth to ensure that they have meaningful participation in education and transition planning. Procedural Safeguards- This IDEA provision ensures that rights of children and youth with disabilities and their parents are protected, that students with disabilities and their parents are provided with the information they need to make decisions about the provision of FAPE, and that procedures and mechanisms are in place to resolve disagreements between school and on the other side the studening receiving special education serivces and his or her family. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Section 188 of the Workforce Investment Act
Ensures nondiscrimination and equal opportunity for various categories of persons, including persons with disabilities, who apply for and participate in programs and activities operated by recipients of WIA Title I financial assistance. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Workplace Accommodations…..
any change in the work environment or in the way things are usually done that enables an individual with a disability to participate in the application process, to perform the essential functions (or fundamental duties) of a job, or to enjoy equal benefits and privileges of employment that are available to individuals without disabilities National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Workplace Accommodations…..
Need only be provided to the extent that they are necessary to do the essential functions of the job If an individual with a disability seeks an accommodation, generally he or she is responsible for informing the employer of the need Individuals do not have to use the word “accommodation,” but they must indicate that they have difficulty carrying out their tasks due to a disability In other words, providing accommodations for an individual who may need them will only enable the individual with a disability the ability to perform the job successfully, WHICH is what the employer wants as well! The goal is not to “fit the job” to match the individual, but thoughtful considering of what specific skills are necessary to perform the core of the work, find the right person with the right skills to suit the job. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Workplace Accommodations do not….
rectify a poor job match or compensate for a lack of knowledge, skills, or abilities change the nature of the task being performed lower or alter the standards or competencies At this time, disseminate a brochure titled: “Job Accommodation Network (JAN)” from In addition, disseminate Handout #1 “Steps to Integrate Persons with Disabilities into the Workplace” 80% of accommodations cost less than $500 (JAN, 2002) 31% of accommodations made involve NO cost to the employer (JAN, 2002) National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Employer Responsibilities
During the Interview Stage... Pre-job offer, you may ask about an applicant's ability to perform specific job functions. You may ask applicants to describe or demonstrate how they would perform job tasks, if the same questions are asked of all applicants. You may also describe what the application process will involve and ask whether the job-seeker will need accommodations for the application process. You may not ask a job-seeker whether he or she will need reasonable accommodations, except when: The job-seeker has an obvious disability, and you reasonably believe that the applicant will need reasonable accommodation because of that obvious disability; The job-seeker has voluntarily disclosed to you that s/he has a hidden disability, and you reasonably believe that the applicant will need reasonable accommodation because of that hidden disability; or, The job-seeker has voluntarily disclosed to you that s/he needs reasonable accommodation to perform the job. In these limited circumstances, although you may ask questions about the accommodations the job-seeker will need, you may not ask questions about the underlying medical condition. . National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Employer Responsibilities
In the Post-Offer, Pre-Hire Stage may ask disability-related questions and require medical exams, even if they are unrelated to the job, as long as two conditions are met: All entering employees in the same job category must be subjected to the same questions/exams, regardless of disability; and, All information obtained through these questions/exams must be kept confidential. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Employer Responsibilities
After the Job-Seeker Begins Work The employer may ask disability-related questions and/or require medical exams if the questions/exams are job-related and consistent with business necessity. The information obtained must be kept confidential. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Workplace Accommodations: Examples
Change employee’s workstation arrangement Modify equipment or devices (computer software) Provide ramps and reserved parking spaces (physical accessibility) Reassign non-essential functions through job restructuring Provide qualified readers and interpreters Provide part-time or modified work schedules Adjust or modify examinations, training materials, and policies For additional information and resources regarding job accommodation examples, see the complete listing for the Job Accommodation Network in the reference/resource section in the back of this training session. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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How to Identify What Accommodations are Needed
When determining which accommodation to provide: Ask the individual Identify the individual’s job, potential job, or career goal Identify “essential functions” of the job/position Identify “functions” that the individual is unable to perform or require assistance from others Brainstorm potential accommodations Investigate most appropriate options According to Stodden, Jones, & Chang (2002), these are essential questions that determine where to begin when identifying accommodations in the workplace National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Case Studies Identifying Accommodations
Scenarios across a wide range of disabilities Identify the issues of concern Identify the potential solution Handout #3 is provided that lists all the possible scenarios. Please disseminate at this time. ***The solutions presented do not represent all that are available. (this depends on the needs of the individual and the duties of the job) National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Case Study Roberto has just been hired in an accounting firm. Although his office is accessible (for his wheelchair), the conference room where all staff meetings are held is not. What is the challenge? He cannot attend the staff meetings because the conference room is not accessible. What is a possible solution? Different location that may be accessible, can a doorway be widened? National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Case Study Rebecca loves her job as a “Cooperative Cataloging Assistant.” She gets along splendidly with her co-workers and her supervisor. Recently, Rebecca has had difficulty making it to work on time and has been missing days. What is the problem/obstacle? Tardiness on the job and missing work without an excuse What is a possible solution? Flexible schedule that may allow Rebecca to work in the afternoons through the evening or to add hours to her workday so that she can work four days a week. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Case Study John consistently receives praise from his boss for performing his job (as a car detailer) in an exemplary manner. When John is not busy, however he will stand in one place, rock back and forth, and flick his fingers in front of his face. On several occasions, customers have complained to management about his behavior. What is the concern? Inappropriate behavior during down time What is a possible solution? Give John a place to go to wait for his next car instead of waiting in the main lobby. Give John something to do with his hands after he completes the car- gather soiled towels and rags and put in basket. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Case Study A worker with a learning disability has difficulty taking notes during monthly staff/employee meetings. What is the problem/obstacle? Difficulty taking notes What is a possible solution? A possible solution is to provide a tape recorder during workshops/meetings, with the tape transcribed at home at the worker’s own pace. The cost of the accommodation would be $60 for the tape recorder. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Case Study An individual with cognitive disabilities is an employee for a company that maintains and repairs equipment for coffee houses. The tasks for the job include cleaning the parts after they have been disassembled and placing them in separate bins. The supervisor notices a lack of productivity for the employee when asked to place the parts in the bins. What is the issue? Difficulty matching parts with specific bins What is a possible solution? A possible solution is for the supervisor to place pictures of the parts on the designated bins. Cost- Under $10. National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Case Study An individual who has been treated for stress and depression is experiencing difficulty maintaining concentration when trying to complete assignments and meet critical deadlines. What is the issue? The employee lacks concentration which affects work productivity What is a possible solution? A possible solution after discussing performance problems with the supervisor is to assist in organizing time by scheduling “off” times during the work week where work can be done without distractions or interruptions. Cost- $0 National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Case Study An radio broadcast announcer who is blind needs to read the Associated Press (AP) wire news desk material for his job. What is the issue? The radio announce’s inability to read printed news. What is a possible solution? A possible solution is to connect a Braille printer to the incoming news service, and install a switch to move from regular printed material to Braille. Cost- $1700 National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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Contact NCWD/Youth 1-877-871-0744 (toll free)
(TTY toll free) ***************************** National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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ANY QUESTIONS ??????? National Collaborative on Workforce and Disability/Youth -- Making the Connection between Youth with Disabilities & Employment
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