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Workplace Diversity

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Workplace Diversity Including Disability as a Strategic Business Advantage Tammie McNaughton, TecAccess Debra Ruh, SSB Bart Group Lou Orslene, Job Accommodation ... – PowerPoint PPT presentation

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Title: Workplace Diversity


1
  • Workplace Diversity
  • Including Disability as a Strategic Business
    Advantage 
  • Tammie McNaughton, TecAccess
  • Debra Ruh, SSB Bart Group
  • Lou Orslene, Job Accommodation Network (JAN)
  • USBLN Conference
  • October 18, 2011

1
2
Disability as a Strategic Business Advantage
  • Navigating the 3 As
  • ADA
  • Accessibility
  • Accommodations

2
3
Myths and Barriers to Disability Employment
  • People with disabilities do not have the talent
    and skills needed in business - People with
    disabilities have been among the greatest leaders
    and contributors to business, science, the arts,
    and society. 11 of this years college
    graduates have disabilities!
  • People with disabilities leave jobs more
    frequently than workers without disabilities -
    Employees with disabilities in most sectors stay
    on the job longer, resulting in up to a 6
    turnover rate improvement.
  • People with disabilities have a higher than
    average absentee rate and your workers comp
    claims will increase - In fact, people with
    disabilities who are employed have less overall
    absenteeism and the number of compensation claims
    are no different.
  • Customers and employees will be uncomfortable
    seeing a person with a disability in the
    workplace or my business - 93 of customers
    surveyed said they would prefer to patronize
    businesses that hire people with disabilities.
  • It will be expensive to accommodate the needs of
    people with disabilities - Cost averages
    400-600. Only 44 need an accommodation 56
    require no accommodations!

    Sources Cornell University, JAN, DePaul
    University

3
4
Inclusion Includes People with Disabilities!
In the US, one out of 8 people report having a
disability. People with Disabilities are the
largest minority subgroup in the US and is
growing in nations such as Japan who has one of
the largest aging populations in the world.
Employment Rate DisparityIn developing
countries, 80 to 90 of persons with
disabilities of working age are unemployed,
whereas in industrialized countries the figure is
between 50 and 70. In the US, 39.5 of
working-age people with disabilities are employed
vs. 79.9 of those without disabilitiesEducation
al AttainmentIn the US, 12.3 hold a bachelor's
degree or more 29.7 have some college or an
associate degree, 34 of working-age people with
disabilities have a high school diploma or
equivalentThe Bottom Line Workplace Disability
continues to grow with aging of the workforce and
active war. In the US, 21 of experienced
seasoned workers 45 to 54 years of age have a
disability. The often-ignored market segment of
people with disabilities is 54 million people
strong, with an aggregate income that exceeds 1
trillion and has 220 billion in discretionary
spending power. In a consumer survey, consumers
prefer to give their business to companies who
employ people with disabilities! Source 2008
Disability Status Report, Cornell University,
DiversityInc.
The Business Case for Disability Employment

4
5
Disability is Part of Diversity!
Graphic Credited to Cardinal Health
5
6
ADA Impacts on the HR Employment Lifecycle
  • EEOCs Final ADAAA Regs were approved by a
    bipartisan vote and published in the Federal
    Register on March 25, 2011, (effective May 4,
    2011)
  • Congress made it easier for an individual seeking
    protection under the ADA to establish that her or
    she has a disability within the meaning of the
    statute. Congress overturned several Supreme
    Court rulings that defined disability too
    narrowly resulting in denial of protection for
    individuals with cancer, diabetes and epilepsy as
    an example.
  • The definition of disability favors broad
    coverage of individuals.
  • Definition of Disability remains A physical
    or mental impairment that substantially limits
    one or more major life activities a record of
    such impairment or being regarded as having a
    disability.
  • Substantially Limits is to be construed broadly
    in favor of expansive coverage, to the maximum
    extent permitted by the terms of the ADA
  • The ADAAA regulations make it easier for
    individuals to establish coverage under the
    regarded as part of the definition of
    disability.
  • The regulations clarify that an individual must
    be covered in order to qualify for a reasonable
    accommodation.
  • The regulations seek to clarify impairments that
    virtually always constitute a disability. And
    examples of impairments that should be easily
    concluded to be disabilities including epilepsy,
    diabetes, cancer, HIV and bipolar disorder.
  • Source Fact Sheet on the EEOCs Final
    Regulations Implementing the ADAAA

6
7
ADA Impacts on the HR Employment Lifecycle
  • Recruitment Is your company disability
    friendly? Disability Outreach, company
    marketing, website, position descriptions,
    recruitment process, policies.
  • Selection Recruiters, Hiring Manager, how to
    interview PwD, appropriate questions,
    accommodations.
  • Performance Do you focus on performance vs. the
    disability, do managers have a performance
    standard for supporting disability employment?
    Coach, Mentor, Engage and Retain
  • Succession Do individuals with disabilities
    know what positions they may aspire to, is
    internal upward mobility practiced for all?
  • Development Are training programs, educational
    opportunities and internal learning programs
    accessible, are people with disabilities invited
    encouraged to attend?
  • Transition Are policies and practices for
    layoff, severance, retirement, etc. written and
    practiced consistently regardless of disability?

Graphic credited to yhrct.com
7
8
ADA Impacts on the HR Employment Lifecycle
  • PRACTICAL STEPS FOR EMPLOYERS - Implementing the
    new EEOC regulations
  • Update disability discrimination policies and
    reasonable accommodation processes to conform to
    the ADAAA and regulations, including changes in
    language.
  • Train human resources personnel and managers on
    their duties under the ADAAA, and the need to
    focus primarily on nondiscrimination, interactive
    process, and reasonable accommodations. The days
    of severely restricted are gone. Never assume
    that an individual will not be considered
    disabled/not protected under ADA.
  • Document the interactive process. Being able to
    show what efforts were taken to engage in the
    interactive process will be critically important
    to an employers defense to ADA claims.
  • Review qualifications standards that may tend to
    screen out individuals with disabilities to make
    sure that the standards are job-related and
    consistent with business necessity.
  • Make sure that charges of disability
    discrimination are handled by a person with
    appropriate expertise, as the charges may be used
    in more systemic investigations and litigation by
    the EEOC or private litigants.
  • Source Littler Mendelson ASAP, March 2011

8
9
ADA Impacts on the HR Employment Lifecycle
  • Group Discussion

10
ADA Quiz Are you HR Savvy?
  • True or False?
  • The Purpose of the ADA is to guarantee jobs to
    all people with disabilities.
  • (False. The purpose of the ADA is to prevent
    covered employers from discriminating against
    disabled applicants or employees to perform the
    essential functions of their jobs, with or
    without an accommodation. The ADA requires
    covered employers to reasonably accommodate
    disabled applicants and employees if doing so
    doesnt pose an undue hardship to the employer.)
  • True or False?
  • When making a reasonable accommodation,
    employers are not required to provide personal
    items such as glasses and hearing aides.
  • (True. Reasonable accommodation may include but
    is not limited to
  • Making existing facilities accessible, providing
    an interpreter for an applicant who is hearing
    impaired, job restructuring, modifying work
    schedules, reassignment to a vacant position, or
    acquiring or modifying equipment.

11
ADA Quiz Are you HR Savvy?
  • 3. True or False?
  • Current users of illegal drugs are considered to
    have a qualified disability.
  • (False. Employees and applicant who are under
    the influence of alcohol or illegal drugs are not
    covered by the ADA and may be held to the same
    performance standards as other employees.
    However, recovering alcoholics/drug users whove
    gone through treatment are covered.)
  • 4. True or False?
  • If you think an applicant/employee has a
    disability, but it is not obvious, you should
    always ask.
  • (False. If the applicant doesnt disclose
    having a disability, dont ask. However, if the
    applicant does have an obvious disability or if
    the applicant voluntarily discloses a disability,
    you can then ask if the applicant will require
    the job to be modified in some way to enable the
    applicant to perform the job duties.)

11
12
ADA Quiz Are you HR Savvy?
  • 5. True or False?
  • You do not have to allow an applicant the
    opportunity to interview if they have a learning
    disability and cannot complete the application on
    their own.
  • (False. To comply with reasonable
    accommodation, you must assist the applicant in
    completing the application. EX assisting a
    visually impaired applicant by reading the
    application.)
  • A major life activity is (Choose all that apply)
  • Running Hearing
  • Typing Concentrating
  • Breathing Driving
  • Caring for Oneself
  • (A major life activity includes, but is not
    limited to hearing, breathing, caring for
    oneself and concentrating.)

12
13
ADA Quiz Are you HR Savvy?
  • What is not considered a disability under the
    ADA?
  • An applicant with a broken leg from a car wreck.
  • A cancer patient who is in remission
  • An applicant with a hearing impairment
  • An applicant with epilepsy
  • (The correct answer is A. A broken bone is a
    temporary impairment, it is not covered by the
    ADA. The other options are considered a
    disability under the ADA.
  • Source Express Personnel.com

13
14
Disability as a Strategic Business Advantage
  • Where are the greatest risks, what are the people
    touch points?
  • Prioritizing risk and exposure
  • If I am a person with a disabilities, or a person
    that is blind, can I access your jobs?
  • Do you have accessible communications, social
    media, etc.
  • Are you aware of the UN Convention and the issue
    of Disability Rights? If youre not in the US
    what process is your country in?

15
TecAccess was founded in the spirit of diversity,
which is today reflected in our staff, our
varied skill sets, and our deep pool of service
offerings. In April 2011, TecAccess formed a
Strategic Partnership with SSB BART Group Inc.
(SSB). Founded in 1997 by engineers with
disabilities, SSB helps companies like yours
design and enhance their IT systems - including
Web sites, Web applications, software, hardware,
and services - so they are accessible to persons
with disabilities. Both firms employ a diverse
and skilled team of professionals from around the
world, many of whom have disabilities, to help
organizations address the growing disability
market. Our proven Accessibility Management
Platform (AMP) is the industry's first on-demand
solution that integrates the business and
technical aspects of complying with regulations
such as the Section 508 accessibility standards,
ADA, and WCAG 1.0 and 2.0.
Accessibility Opening the Door to Talent with
Disabilities

16
Internet, Communications Technology (ICT)
Accessibility means equal access.To be
accessible, ICT must be designed and developed
to provide equal access and usability to every
member of your target The availability of
accessible technology coupled with the buying
power of people with disabilities, represents an
untapped revenue stream for the consumer market.
This market includes people with and without
disabilities, and those that may not consider
themselves as having a disability but could
certainly benefit from assistive technology.
Accessibility Opening the Door to Talent with
Disabilities

17
Accessibility Opening the Door to Talent with
Disabilities
  • Legal Obligations?
  • ADA Americans with Disabilities Act
  • Section 508 of the Rehabilitation Act of 1973
  • Section 255 of the Telecommunications Act
  • U.S. Carrier Access Act
  • HAVA Help America Vote Act
  • State Legislation (Section 508 Type)
  • International Legislation (Section 508 Type)
  • W3C WCAG 2.0 Standards
  • UN Convention on the Rights for People with
    Disabilities

18
Accessibility Opening the Door to Talent with
Disabilities
  • Pace of Innovation
  • The overall population also continues to
    increasingly depend on computer technology
  • Sharing data between systems, departments
    companies
  • Powerful search capabilities are simplifying info
    retrieval
  • Becoming easier to build and manage teams that
    span the globe
  • Improved mobility allows business to happen
    almost anywhere
  • However, there is increasing difficulty for
    companies and workers, with and without
    disabilities, to keep up
  • Email, instant messaging, text messaging
  • Audio/video conferencing, online virtual meeting
    places
  • Internet vs. Intranet sites
  • RSS Feeds
  • Blogging and social media
  • Etc.

19
Accessibility Opening the Door to Talent with
Disabilities
  • There is no sign the rate of
  • change will slow
  • Convergence of technologies
  • enables new scenarios
  • New technologies replace
  • existing solutions
  • Increased storage capacity
  • speed delivered in smaller form
  • factors creates new possibilities

20
Accessibility Opening the Door to Talent with
Disabilities
  • Risks? Touch Points
  • Websites
  • Online HR Systems
  • Intranets
  • Service Centers
  • Products and Services
  • Promotions Marketing
    Communications
  • Procurement

21
Accessibility Opening the Door to Talent with
Disabilities
  • Group Discussion

22
Accessibility Opening the Door to Talent with
Disabilities
  • True or False?
  • There is little risk or exposure if I do not
    make my on-line application system, website and
    other electronic business services?
  • (False. There are a number of legislative and
    regulatory exposures if a businesses electronic
    systems are not accessible. These include the
    ADAAA, Section 508, Section 503 if your business
    is a federal contractor, etc.)
  • True or False?
  • The market for universally accessible products
    and services is small.
  • (False. There are more than 54 million people
    with disabilities. Statistics extrapolated from
    Census suggest that people with disabilities have
    more than 200 billion dollars and when they and
    their families are taken into account the amount
    is 1 trillion dollars.)

23
Accessibility Opening the Door to Talent with
Disabilities
  • 3. True or False?
  • Accessibility is only a US issue.
  • (False. Accessibility is a global issue. Many
    countries of the world have instituted Section
    508 like standards. The UN reports
    approximately 10 per cent of the worlds
    population, or 650 million people, live with a
    disability. They are the worlds largest
    minority. As of March 2011, 147 countries have
    signed onto the UN Convention on the Rights for
    People with Disabilities )
  • 4. True or False?
  • There are many touch points in terms of
    disability and the workplace.
  • (True. These Websites, Online HR Systems,
    Intranets, Service Centers,
  • Products and Services, Promotions,
    Procurement.)

23
24
Accessibility Opening the Door to Talent with
Disabilities
  • 5. True or False?
  • The best strategy for making your business
    accessible is working to make all processes
    accessible.
  • (False. Examine your risk and exposures and
    develop a strategy to prioritize the segments of
    your systems that need to be made accessible
    first, second, third, etc.)
  • True or False
  • Social networking tools are accessible as they
    have been developed most recently.
  • (False. Some tools are accessible, some have
    accessible versions for use of say people who are
    blind, and some social networking tools are not
    accessible at all.)

24
25
Accommodations for a Productive and Inclusive
Workplace
  • Striking the Right Balance
  • Creating a Culture of Inclusion and Access while
    Minimizing Risk and Exposure.
  • It can be done!

26
Accommodations for a Productive and Inclusive
Workplace
  • Effective Communication
  • People First Language
  • Hold at bay your preconceptions and stereotypes
  • Communicate directly eye contact - with a
    colleague with a disability
  • Ask the person first before providing assistance
  • 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
  • Focus on essential functions of the job
  • But, if a person discloses and asks for an
    accommodation then begin the interactive process
    communicate frequently and document

27
Accommodations for a Productive and Inclusive
Workplace
  • JANs Accommodation Process

28
Accommodations for a Productive and Inclusive
Workplace
  • Group Discussion

29
Accommodations for a Productive and Inclusive
Workplace
  • 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?

30
Accommodations for a Productive and Inclusive
Workplace
  • Is this an accommodation request?
  • Yes.
  • More leave (an accommodation) is needed
  • Because of a medical condition

31
Accommodations for a Productive and Inclusive
Workplace
  • 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?

32
Accommodations for a Productive and Inclusive
Workplace
  • Do we have all the information we need?
  • No. 
  • Do not know limitations
  • Do not know problem

33
Accommodations for a Productive and Inclusive
Workplace
  • 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?

34
Accommodations for a Productive and Inclusive
Workplace
  • How can we figure out what else might work?
  • Call JAN! 
  • Under desk pedal device
  • Meets employees needs without leaving her desk

35
Accommodations for a Productive and Inclusive
Workplace
  • 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?

36
Accommodations for a Productive and Inclusive
Workplace
  • Is that it?
  • No.
  • May need to be assembled
  • Employee may need instruction in use
  • Route of travel may need to be established

37
Accommodations for a Productive and Inclusive
Workplace
  • 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?

38
Accommodations for a Productive and Inclusive
Workplace
  • 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

39
Resources for a Productive and Inclusive
Workplace
  • TecAccess http//www.tecaccess.net
  • SSB BART Group Inc. https//www.ssbbartgroup.co
    m/
  • Job Accommodation Network (JAN)
    http//askjan.org/
  • Office of Disability Employment
    Policy http//www.dol.gov/odep/
  • Computer Electronics/Accommodations Program (CAP)
    http//cap.tricare.mil/
  • GettingHired.com http//www.gettinghired.com/
  • One More Way http//onemoreway.org/
  • EEOC http//www.eeoc.gov/laws/statutes/adaaa_
    info.cfm
  • Workforce Recruitment Program (WRP)
    http//www.dol.gov/odep/programs/workforc.htm
  • Emerging Leaders Program http//www.emerging-lead
    ers.com/
  • US Business Leadership Network www.usbln.org
  • US Disability Statistics www.ilr.cornell.edu/edi
    /disabilitystatistics
  • Global Disability Statistics www.disabled-world.c
    om
  • United Nations Enable www.un.org/disabilities
  • G3ict www.g3ict.org
  • Littler Mendelson Newsletter EEOC Issues
    Regulations Under the ADA Amendments Act
  • Career Opportunities for Students w/Disabilities
    (COSD) http//www.cosdonline.org/
  • SHRM Disability Resources
    http//www.shrm.org/hrdisciplines/Diversity/Artic
    les/Pages/disability_072110.aspx

40
Questions?
  • Debra Ruh Tammie McNaughton
  • SSB Bart Group/TecAccess TecAccess
  • (804) 749-8646 (office) (804)
    749-8646 (office)
  • (804) 749-3565 (direct) (724) 668-2010
    (direct)
  • (804) 986-4500 (cell) (724) 263-5214 (cell)
  • druh_at_TecAccess.net tammiemcnaughton_at_windstream
    .net
  • www.techaccess.net tmcnaughton_at_tecaccess.net
  • Lou Orslene
  • Job Accommodation Network (JAN)
  • (800)526-7234 (Voice)
  • (877)781-9403 (TTY)
  • orslene_at_jan.wvu.edu
  • www.AskJAN.org

40
41
Speaker Bios
  • Tammie McNaughton
  • For over three decades, Tammie has built her
    business career on helping progressive
    organizations establish successful and inclusive
    human capital management strategies. She is
    widely regarded for her Human Resources expertise
    in diversity and inclusion, talent management,
    disability strategy, training, leadership
    development, workforce development, employee
    engagement, culture and communications. With
    significant experience in sales, service and
    manufacturing organizations, Tammie provides her
    expertise to build best practice organizations
    and enhance the overall employee experience and
    company image. As an independent consultant, and
    sought after speaker and workshop leader, Tammie
    provides integrated services and strategies that
    include people with disabilities as a business
    advantage. She consults with corporations
    including TecAccess and GettingHired.com. She
    holds board positions with NYCBLN and the
    USBLN Corporate Advisory Board.
  •  

41
42
Speaker Bios
  • Debra Ruh
  • Founder and CEO of TecAccess, the leading
    provider of accessible Information
    Communication Technologies (ICT) for the largest
    and fastest growing minority group People with
    Disabilities, Baby Boomers, and Veterans with
    Disabilities in the world. Debra also joined SSB
    BART Group in April 2011 as the Chief Marketing
    Officer. Debra serves as the Chair of the VABLN
    and board member and officer of the USBLN. She
    is also on the steering committee, and is chair
    the Employability and Technology Group, at G3ict,
    the Global Initiative for Inclusive Information
    and Communication Technologies, a flagship
    advocacy initiative of UN-GAID, the United
    Nations Global Alliance for ICT and Development.
    Additionally, Debra serves as an officer on the
    PEATC board. Selected as the only US represented
    on the Australian Government Expert Reference
    Group. Last but not least Debra has two children,
    her oldest Sara has Down syndrome.

42
43
Speaker Bios
  • Lou OrsleneAs the Job Accommodation Network's
    (JAN) Co-Director, Lou Orslene leads the premier
    national resource for free, expert and
    confidential guidance on workplace accommodations
    and disability employment. As a service of the US
    Department of Labors Office of Disability
    Employment, JANs professional consultants have
    managed more than 500,000 inquiries with
    employers, people with disabilities, and others.
    Lou has also taken on the role of assisting other
    interested countries in replicating the JAN
    model. In this regard, Lou has worked with the
    governments of Colombia, Republic of Korea, and
    India. Elements of the JAN Model have been
    replicated in other countries including the
    England, Japan, Australia among others. Lous
    presentations are informed by 25 years in the
    field of disability employment and through
    collaborations with groups such as DMEC, SHRM,
    and USBLN.

43
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