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A free service of the office of disability employment policy u s department of labor

Job Accommodation Network

A free service of the Office of Disability Employment Policy, U.S. Department of Labor

Section 503 Refresh: DevelopingYour Inclusion Strategy Lou Orslene, CPDM, MPIA, MSW JAN Co-Director 800-536-7234 Voice877-781-9403 TTYAsk.JAN.orghttp://askjan.org/landingpage/DCBLN2012/

Section 503 refresh
Section 503 Refresh


1. Job Accommodation Network (JAN)

2. OFCCP Proposed Changes - Section 503

3. Signs that Your Doors are Open

4. Disclosure and the Interactive Process

5. Making Your Business Inclusive

6. Questions

Job accommodation network
Job Accommodation Network

JAN Overview

Job Accommodation

Americans with Disabilities Act

Self Employment

Job accommodation network1
Job Accommodation Network

JAN Overview

25 Years of Service




Easy to Use

Job accommodation network2
Job Accommodation Network

JAN Overview



Rehabilitation and educational professionals


Job accommodation network4
Job Accommodation Network

JAN Overview

Accommodation and ADA Consultation

Technical Assistance Documents

Process and Guidance

Benefit/Cost Research

Policy Development

Job accommodation network5
Job Accommodation Network

JAN Study


56% were made at no cost

$500 was the typical cost reported

Job accommodation network6
Job Accommodation Network

Direct Benefits after Accommodation

Job accommodation network7
Job Accommodation Network

Indirect Benefits after Accommodation

Ofccp proposed changes
OFCCP Proposed Changes

JAN Study

Directly from OFCCP

Webinar on Section 503


Ofccp proposed changes1
OFCCP Proposed Changes

FAQs About the NPRM

How Do I Submit Comments? By February 7th, 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-3325

200 Constitution Ave, N.W., Washington, D.C. 20210.

FAX (comments of 6 pages or less) to (202) 693-1304

Ofccp proposed changes2
OFCCP Proposed Changes

JAN Overview: Start with JAN

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

Ofccp proposed changes3
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 changes4
OFCCP Proposed Changes

JAN Overview: Start with JAN

Necessitated by the ADAAA

ADAAA applies equally to Section 503.

ADAAA primarily broadens the definition of “disability;” became effective January 1, 2009.

NPRM revisions consistent with amended EEOC regulations.

Ofccp proposed changes5
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 changes6
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 changes7
OFCCP Proposed Changes

Invitation to Voluntarily Self-Identify

Proposes both pre-offer & post-offer invitations


Annual anonymous resurvey of employees

OFCCP will mandate text of contractor invitations

Will provide much needed data to evaluate workplace practices

Ofccp proposed changes8
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 changes9
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 changes10
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 changes11
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 OFCCP’s discretion; and

Adds a pre-award compliance evaluation to make Section 503 consistent with EO 11246

Signs that your doors are open
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 open1
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 open2
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 open3
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 open4
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 open5
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 policy’s timelines

Signs that your doors are open6
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 open7
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

Jan s interactive process
JAN’s Interactive Process

Why have a process?

  • Consistency

  • Successful Accommodations

  • Good Faith Effort

Jan s interactive process1
JAN’s Interactive Process

ADA Basics

  • ADA Requires Reasonable Accommodation

  • Interactive Process Recommended

  • Amendments Act Broadened Coverage

  • Everything Else Stayed Same

Jan s interactive process2
JAN’s Interactive Process

Why people disclose?

  • To ask for job accommodations

  • To receive benefits or privileges of employment

  • To explain an unusual circumstance

Jan s interactive process3
JAN’s 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

Jan s interactive process4
JAN’s Interactive Process

How employees may disclose?

  • Verbally or in writing

  • Supervisor

  • HR Representative

  • Disability Coordinator

  • Other person stipulated by policy

Jan s interactive process5
JAN’s Interactive Process

JAN’s Interactive Process

Jan s interactive process6
JAN’s Interactive Process

Step 1: Recognizing an Accommodation



  • Err on the side of caution

  • Act quickly

  • Assign responsibility

  • Conduct training

Jan s interactive process7
JAN’s 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?

Jan s interactive process8
JAN’s Interactive Process

Is this an accommodation request?


More leave (an accommodation) is needed

because of a medical condition

Jan s interactive process9
JAN’s Interactive Process

Step 2: Gathering Information


  • Find out the limitation and problem

  • Get information from the employee

  • when possible

  • Remember ADA rules for medical inquiries

Jan s interactive process10
JAN’s 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?

Jan s interactive process11
JAN’s Interactive Process

Job Accommodations That Work

Do we have all the information we need?


  • Do not know limitations

  • Do not know problem

Jan s interactive process12
JAN’s Interactive Process

Step 3: Exploring Accommodation Options


  • Keep an open mind

  • Invite the employee to suggest accommodations

  • Ask the employee’s medical provider for ideas

  • Use JAN when needed

Jan s interactive process13
JAN’s Interactive Process

A call center employee with heart/circulatory problems needs to take breaks to move around. Allowing more breaks will interfere with the employer’s call routing system.

How can we figure out what else might work?

Jan s interactive process14
JAN’s Interactive Process

How can we figure out what else might work?

Call JAN!

  • Under desk pedal device

  • Meets employees needs without leaving her desk

Jan s interactive process15
JAN’s Interactive Process

Step 4: Choosing an Accommodation


  • Consider the employee’s preference

  • Consider a trial period

Jan s interactive process16
JAN’s 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?

Jan s interactive process17
JAN’s 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

Jan s interactive process18
JAN’s Interactive Process

Step 5: Implementing the Accommodation


  • Make sure all necessary steps

  • are taken to implement the

  • accommodation

  • Communicate with essential

  • personnel about the

  • accommodation

Jan s interactive process19
JAN’s 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?

Jan s interactive process20
JAN’s Interactive Process

Is that it?


  • May need to be assembled

  • Employee may need instruction in use

  • Route of travel may need to be established

Jan s interactive process21
JAN’s Interactive Process

Step 6: Monitoring the Accommodation


  • Check on effectiveness

  • Maintain the accommodation

  • Encourage ongoing

  • communication

Jan s interactive process22
JAN’s 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 employee’s screen reading software would not work with the new database.

How could the employer have avoided this problem?

Jan s interactive process23
JAN’s 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
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 inclusive1
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 inclusive2
    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 inclusive3
    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 inclusive4
    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 inclusive5
    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 inclusive6
    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 inclusive7
    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
    Know Your Resources

    Select Resources:

    • Recruiting -

    • GettingHired.com http://www.gettinghired.com/

    • One More Way http://onemoreway.org/

    • Workforce Recruitment Program (WRP) http://www.dol.gov/odep/programs/workforc.htm

    • EARN http://www.askearn.org/

    • Emerging Leaders Program http://www.emerging-leaders.com/

    • Career Opportunities for Students w/Disabilities (COSD) http://www.cosdonline.org/

    • Accommodation, ADAAA , and AT Technical Assistance

    • JAN AskJAN.org

    • Hardware/Software/Website Accessibility Issues-

    • SSB BART Group Inc. https://www.ssbbartgroup.com/index.php

    • WebAim http://webaim.org/

    • Leaders in Inclusive Workplaces -

    • US Business Leadership Network http://www.usbln.org/

    • Guidance, Publications, & Research -

    • SHRM Disability Resources http://www.shrm.org/hrdisciplines/Diversity/Articles/Pages/disability_072110.aspx

    • ADA National Network (DBTAC)  http://www.adata.org/Static/Government.aspx

    • Diversity Inc.(Disability page)    http://www.diversityinc.com/department/255/Disability/