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Disability 101 Training

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Title: Disability 101 Training Author: meghan.mcgowan Last modified by: CBartolomei Created Date: 1/22/2009 2:48:06 PM Document presentation format – PowerPoint PPT presentation

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Title: Disability 101 Training


1
Disability 101 Training
LAURA TRONGE Department of Commerce Senior
Disability Policy Advisor 202-482-8187
2
Film
3
Rehabilitation Act of 1973
  • Signed in 1973
  • Applies to all Federal Agencies
  • Prohibits discrimination against people with
    disabilities in recruitment, discipline, benefits
    etc.
  • Prohibits harassment and retaliation
  • Applies legal standards of ADA
  • The Federal government shall become a model
    employer of individuals with disabilities.
    Agencies shall give full consideration to the
    hiring, placement, and advancement of qualified
    individuals with mental and physical
    disabilities.

4
Targeted Disabilities
  • Deafness
  • Blindness
  • Partial Paralysis
  • Total Paralysis
  • Missing Limbs
  • Distortion of Limbs or Spine
  • Mental Illness
  • Mental Retardation
  • Convulsive Disorders

Professional photo by LoBiondo Photographic.
http//www.enader.com/
5
People with Targeted Disabilities
  • MD 715 requires agencies to
  • Focus on the employment, promotion, and retention
    of people with targeted disabilities (PWTD).
  • Develop goals for the hiring of PTWDs.
  • Department of Commerce goal is 0.9 PWTD by 2011.

6
Rehabilitation Act of 1973
  • Has three sections that apply to Commerce
  • Section 501
  • Section 504
  • Section 508

7
Section 501
  • Prohibits discrimination based on disability.
  • Requires agencies to provide reasonable
    accommodations.
  • Requires agencies to create an Affirmative Action
    Plan for employment of people with disabilities.
  • Commerce goal 0.9 .
  • Commerce goal 25 PWTD per year.
  • Workforce Recruitment Program
  • National Technical Institute for the Deaf
  • Gallaudet University
  • Disability Career Centers at Universities/
    Colleges

8
Disability Related Questions
  • Pre Offer- Cannot ask
  • Post Offer- Can ask
  • Current Employees- ask if job related and
    consistent with business necessity.

9
Section 504
  • A recipient of federal funding may not deny
    persons with disabilities the opportunity to
    participate in or benefit from the aid, benefit,
    or service of any program or activity receiving
    federal funding.
  • Translation As a federally funded agency,
    Department of Commerce must make all services,
    programs, and activities accessible to employees
    and citizens with disabilities.

10
Section 508
  • Requires that Federal agencies electronic and
    information technology is accessible to people
    with disabilities, including employees and
    members of the public.
  • Translation Computer programs, web pages,
    handouts, videos, broadcasts, copy machines, and
    any other technology must be accessible.
  • When Federal agencies develop, procure maintain,
    or use electronic and information technology,
    Federal employees with disabilities have access
    to and use of information and data that is
    comparable to the access and use by Federal
    employees who are not individuals with
    disabilities, unless an undue burden would be
    imposed on the agency. (36 C.F.R. 1194.1)

11
Electronic Accessibility
  • Applies to all Federal Agencies
  • Must ensure that technology is accessible to
    employees and members of the public with
    disabilities to the extent that no undue burden
    exists
  • Access board establishes standards

www.access-board.gov/sec508/assessment.htm
12
Americans with Disabilities Act Amendments Act
2008 (ADAAA)
  • RATIONALE FOR AMENDMENT
  • In favor of broad coverage to maximize inclusion
    and entitlement.
  • Standards also apply under the Rehabilitation
    Act.
  • Does not demand extensive analysis of whether or
    not a person is a person with a disability.
  • Focus on the need for an accommodation rather
    than if the person is covered by the law.

13
Disabled Individual
  • An individual who
  • has a physical or mental impairment that
    substantially limits one or more of that persons
    major life activities
  • has a record of such an impairment
  • is regarded as having such an impairment

14
Impairment
  • Physiological Disorder or Condition
  • Cosmetic Disfigurement
  • Anatomical loss affecting body system
  • Mental or Psychological Disorder
  • Specific Learning Disorder
  • Depression

15
Significant Limitations
  • Unable to perform the major life activity or
    significantly restricted
  • Consider Nature
  • Consider Severity
  • Consider Duration

16
Major Life Activity
  • Basic activity that the average person in the
    general population can perform with little or no
    difficulty
  • Caring for ones self
  • Performing manual tasks
  • Walking, talking, seeing, hearing, speaking,
    sleeping, standing, working, lifting, bending,
    breathing, speaking, learning, concentrating,
    thinking, major bodily functions, etc.

17
Major Bodily Functions
  • Functions of the Immune System
  • Normal Cell Growth
  • Digestive
  • Bowel
  • Bladder
  • Neurological
  • Brain
  • Respiratory
  • Circulatory
  • Endocrine
  • Reproductive Functions

18
Examples of Impairments Consistently Meet the
Definition of Disability
  • Examples
  • Deafness, blindness, intellectual disability,
    partially or completely missing limbs, mobility
    impairments requiring use of a wheelchair,
    autism, cancer, cerebral palsy, diabetes,
    epilepsy, HIV/AIDS, multiple sclerosis, muscular
    dystrophy, major depression, bipolar disorder,
    post-traumatic stress disorder,
    obsessive-compulsive disorder, and schizophrenia.

19
Qualified Individual
  • An individual who
  • Satisfies the requisite skills, experiences,
    education and other job related requirements of
    the employment position and
  • Can perform the essential job functions of the
    positions with or without a reasonable
    accommodation

20
Reasonable Accommodations
  • Federal Agencies are required to make reasonable
    accommodation to the known physical and mental
    limitations of an otherwise qualified individual
    with a disability unless the agency can show that
    accommodation would cause undue hardship or be a
    direct threat.

21
Undue Hardship
Consider
  • Nature of the Accommodation
  • Net Cost
  • Resources of the employer (agency)
  • Impact on employers operation

22
Direct Threat
  • Significant risk of substantial harm that cannot
    be eliminated or reduced by accommodation
  • Based on medical knowledge or
  • Based on best available objective
  • Consider
  • Duration of risk
  • Nature and Severity of harm
  • Likelihood of harm occurring
  • Imminence of potential harm

23
Reasonable Accommodations
  • A request for accommodation often stems from a
    desire to improve performance or productivity.
  • Department of Commerce must track the processing
    of each request.
  • Department of Commerce must report our average
    time from request to provision of accommodation.
  • Ignoring an accommodation request is the same as
    denying a request, per the EEOC.

24
Interactive Process
  • Request triggers process
  • Begin dialog to request specifics including
  • Specific requirements. i.e. type of software,
    type of device.
  • How accommodation will enable individual to
    perform the essential functions of the position.
  • Medical Documentation.

25
Essential Functions
Consider
  • Purpose and result vs. method of performing.
  • Actually required to perform.
  • Consequences on job of removing function.
  • Percentage of time the job function is performed.
  • Consequence of not requiring the job function.
  • Job Descriptions.
  • Specialized skills need to perform the job
    function.

26
GINA Genetic Information Nondiscrimination Act
of 2008
  • Effective November 21, 2009
  • Definition
  • Genetic information includes information about an
    individuals genetic tests and the genetic tests
    of an individuals family members, as well as
    information about any disease, disorder, or
    condition of an individuals family members (i.e.
    an individuals family medical history). Family
    medical history is included in the definition of
    genetic information because it is often used to
    determine whether someone has an increased risk
    of getting a disease, disorder, or condition in
    the future.

27
GINA Genetic Information Nondiscrimination Act
of 2008
  • Discrimination, Harassment or Retaliation Because
    of Genetic Information Discrimination
  • any aspect of employment, including hiring,
    firing, pay, job assignments, promotions,
    layoffs, training, fringe benefits, or any other
    term or condition of employment.
  • Exceptions
  • Inadvertant questions
  • FMLA questions and process
  • Public documents

28
Emergency Preparedness
  • No otherwise qualified individual with a
    disability in the U.S. solely by reason of his or
    her disability shall be excluded from the
    participation, or denied the benefits of any
    program or activity conducted by any Executive
    Agency.

29
Program Rules for Success
  • Involve PWD in process
  • Inform Facilities of particular issues
  • Identify area of rescue assistance
  • Do not rely on Buddy System
  • Utilize evacuation chairs
  • Plan for communication
  • Practice, Practice, Practice

30
Computer/ Electronic Accommodations Program
  • Also known an CAP
  • OSD Office
  • Established in 1990
  • Mission
  • provide assistive technology and
    accommodations to ensure people with disabilities
    have equal access
  • FY90 FY10 91,018 Accommodations

31
CAP Process
  • Needs assessment
  • Identify solution
  • Submit request (supervisor notified)
  • Purchase technology (supervisor notified)
  • Notify IT representative

Contact CAP 703-681-8813 www.tricare.osd.mil/cap
32
Job Accommodation Network
  • Also known as JAN
  • Free advice to managers/ employees
  • Conduct trainings and briefings

Contact JAN 800- 526-7234 www.jan.wvu.edu
33
Workforce Recruitment Program
  • Also known an WRP
  • Department of Labor- Coordinator
  • Computer Electronic/ Applications Program (CAP)-
    Provides Electronic Accommodations at no cost to
    the Agency/ Activity

34
Timeline
Managers/Supervisors interview students for
summer intern positions
Recruitment Visits to schools 30 minute
interviews conducted
Volunteer recruiters visit approximately 250
Colleges and Universities
Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec.
DoL sends employers data base composed of student
information
Database is active March to March Can offer
permanent positions Utilize Schedule A
appointment authority
35
Challenges
  • Housing- non-availability
  • Transportation- non-availability
  • Process- Logistically arduous
  • Timeliness- Fierce competition among Agencies,
    hiring/funding process

36
Advantages
  • 14 weeks of labor
  • Can convert intern to permanent if qualifies for
    Schedule A without competition
  • Ability to mentor and groom an individual for the
    professional workplace

37
Schedule A Hiring Authority
  • Step 1 When managers have an open position, make
    contact with the Human Resource Department
  • Step 2 Discuss with the Human Resources what
    competencies the ideal candidate should posses,
    thinking critically about the essential functions
    of the position
  • Step 3 Get candidates Human Resource will be
    able to produce potential candidates. The number
    of applicants available will vary greatly,
    depending on the level of specialty required by
    the job.
  • Step 4 Make a selection The hiring official
    can now review the resumes and references of
    qualified, Schedule A eligible applicants, and
    make a selection!
  • Step 5 Make an offer Relay selection to
    appropriate persons within HR who issue offers
    on behalf of agency.
  • Step 6 Once an offer has been accepted, a start
    date may be established to bring the candidate
    on board.

38
Initiatives
  • Disability Awareness and Training
  • Workforce Recruitment Program
  • College Recruitment
  • Reasonable Accommodations Coordinators (RAC)
    Committee
  • Schedule A Hiring Authority

39
RAC Contact Information
  • O/S Ursula Snead
  • (202)-482-3860
  • Census Randy Murbach
  • (301)- 763-6473
  • NOAA Linda Tarlow
  • (301) 713-6352
  • NIST Kristen Gilbert
  • (301)-975-3001
  • PTO Caitlin Riley
  • (571) 272-7012

40
Contact Information
  • Department of Commerce
  • Laura Tronge
  • Senior Disability Policy Advisor
  • Office of Civil Rights
  • Ltronge_at_doc.gov
  • (202) 482-8187 (V)
  • (202) 821-5903 (BB)
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