Employing Persons with Disabilities Chantal Woodyard Outreach Coordinator/ADA Specialist
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. • ADA Center authorized by NIDRR to provide information, materials, and technical assistance to individuals and entities that are covered by the ADA.
Regional Centers www.adata.org
ADA Center Functions • Technical Assistance / ADA Information • Referral & Networking with other Disability Organizations • Research • Training • Material Dissemination
Meeting the Challenge, Inc. Operates the Rocky Mountain ADA Center project Generates materials and products that support accessibility Offers customized consulting services Provides training on various disability rights laws
THE ADA = CIVIL RIGHTS LAW Five titles Title I: Employment Title II: State and Local Title III: Public Accommodations Title IV: Telecommunications Transportation Title V: Miscellaneous
ADA Definition of Disability • A physical or mental impairment that substantially limits a major life activity • A record of such an impairment • Being regarded as having an impairment.
It is all about talent! • People with disabilities have: • Talent • Skills • Education • Motivation
Check for Accessibility Barriers • Employment Policies : 1. Job descriptions 2. Equal Opportunity for promotion and benefits. 3. Same eligibility criteria for everyone • Application Process: 1. Is it accessible? What does that look like?
Check for Accessibility Barriers • Management knowledge: 1. Disability etiquette • Knowledge on interactions: 1. People first language • Facility access: 1. Readily achievable barrier removal
Contact Disability Organizations • Contact your local division of vocational rehabilitation (DVR) • Contact local Independent Living Centers • Veterans groups • Workforce Centers • Federal Contractors- Schedule A hiring
MYTH: Employees with Disabilities have a higher absentee rate than other employees.
MYTH: Interviewing applicants with disabilities makes it easy to break employment laws.
MYTH: People with disabilities will slow down productivity and reduce performance standards. They may require more supervision.
Accommodation Request • Have a Policy • Respond in a timely manner • Begin interactive process • Assess position requirements & employee needs • Document • Follow up
Visible Disability & Performance Uncertainty • What kinds of questions can I ask when I can see a disability and it raises concerns about job performance?
What Questions Are OK To Ask? OK to ask about: • Job functions and tasks performed • Quality and quantity of work performed • Job attendance • Job-related issues that don’t relate to disability
NOT OK to ask: Questions about workers’ compensation history Whether an applicant is disabled or about the nature or severity of a disability. To require the applicant to take a medical examination before making a job offer
Performance Issues: No Disclosure • What happens if I think the performance issue is due to a non-disclosed disability?
Disclosure After Performance Issue • An employee disclosed after I suspended them for absenteeism. Now what?
Accommodation Envy • How should a supervisor answer the following questions from an employee without a disability: • Why does ____ get to come in at 10am and I have to come in at 9am? • Is everyone getting a chair like _____?
Employee Not Doing The Job • Have updated job descriptions • Evaluate performance of all employees • Document • If accommodations are in place • Remember ADA = Equality
Longtime Employee Acquires Disability • Interactive process • Job restructure • Reassignment
Employee Out On Leave • Determine FMLA eligibility • Discuss leave parameters • Schedule follow-up • Determine if accommodations are needed • Evaluate job description
Can an Employer require medical exams Yes and employer may request that you have job related medical exams. If all employees are required to; business necessity Also may request employee see company doctor for reasonable accommodation, but if so, company covers cost of additional exam Must remain confidential
What about drug testing An employer can require a drug test prior to hiring MMJ not protected under ADA Prescription medication
Resources Equal Opportunity Employment Commission (EEOC) www.eeoc.gov United States Department of Justice www.ada.gov Job Accommodations Network (JAN) www.askjan.org Rocky Mountain ADA Center www.adainformation.org A Guide to Disability Rights Laws http://www.ada.gov/cguide.pdf
Questions? Chantal Woodyard Outreach Coordinator/ ADA Specialist firstname.lastname@example.org 800-949-4232 extension 102