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Americans with Disabilities Act

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Americans with Disabilities Act Successful Reasonable Accommodation Process Title I Employment Southwest ADA Center PRESENTER: Julie Ballinger, Southwest ADA ... – PowerPoint PPT presentation

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Title: Americans with Disabilities Act


1
Americans with Disabilities Act
  • Successful Reasonable Accommodation Process
  • Title I Employment
  • Southwest ADA Center
  • PRESENTER
  • Julie Ballinger, Southwest ADA
    Center Regional Affiliate
  • Disability Rights and Issues
    Consultant
  • StarReach Enterprises

  • 505.797.8612
    julieb4_at_flash.net
  • The information herein is intended solely as
    informal guidance and is neither a determination
    of your legal rights or responsibilities under
    the Act, nor binding on any
  • agency with enforcement responsibility under the
    ADA.

2
The ADA Resource!
  • Expert staff are available to provide training,
    publications and respond to your inquiries.
  • Hot Line 1-800-949-4232
  • Web Site www.southwestADA.org
  • Check out the Archived Webinars and Podcasts!
  • The Leading Resource On
  • ADA ADAAA
  • Other disability related laws such as IDEA
  • Making information technology accessible
  • Services a wide range of audiences including
  • employers
  • businesses
  • government agencies
  • WIA Workforce System
  • schools
  • people with disabilities

3
Housekeeping
  • Training Process and Goals
  • Training is 3 hours
  • Ask questions / Interactive discussion / Learn
    from each other
  • Raise to the level of participants existing
    knowledge
  • Interactive Exercises
  • Not about getting through the whole PowerPoint
    only a framework to advance what you want to
    explore / examine
  • Is designed to have extensive info for future
    reference
  • Materials
  • PowerPoint (includes Resources)
  • Evaluation
  • Possible Pre Post Survey

4
The PowerPoint ContentsNote Model Reasonable
Accommodation Policy on SPO website
  • Employment Trend Why Create a Culture of
    Inclusion?
  • Covered Entities - Public vs. private employer
    requirements
  • Brief overview of who is covered now (ADAAA)
  • Important EEOC guidance documents
  • Getting to the workplace accommodations process
  • Disability Inquiries
  • Enacting and satisfying the reasonable
    accommodations process and requirements
  • What is unreasonable?
  • Qualification/performance and conduct standards
  • Direct threat and reasonable accommodations
  • Undue hardship
  • Policy and Procedure Models and Webcast
  • Best practices and successful reasonable
    accommodations process tips
  • Interactive Exercise
  • Appendix
  • Types of accommodations - including the not so
    obvious
  • GREAT ADA Technical Assistant resources

5
QUESTIONS? Ask Anytime
6
The Business / Employment Case Why Create A
Culture of Inclusion? 
  • 18 to 20 percent of Americans have a disability. 
    The largest percentage (70) of disabilities are
    those that are hidden. 
  • Some 58 million adults, 34 percent of people age
    18 to 65, have at least one chronic condition and
    19 million adults (11) have two or more chronic
    conditions. 
  • It is estimated that by the year 2020 half of the
    U.S. population will have at least one chronic
    condition and one-quarter will be living with
    multiple chronic conditions.
  • On January 1, 2011, the first of the 83
    million-strong wave of boomers began to reach
    retirement age and every day approximately 10,000
    more employees reach this milestone. Many of
    these employees will retire creating a shortage
    of workers in various industries.
  • In the next 5 years, there will be about 10
    million more jobs
  • than people to fill them. 

7
The ADA
  • This Act is powerful in its simplicity. It will
    ensure that people with disabilities are given
    the basic guarantees for which they have worked
    so hard independence, freedom of choice, control
    of their lives, and the opportunity to blend
    fully and equally into the rich mosaic of the
    American mainstream.
  • President George Bush at the Signing
  • of the American with Disabilities Act of 1990

8
Sociological Perspective of Access
  • Categorization/labeling of some people as
    disabled and others as non-disabled depends
    upon societys relative ideas
  • what activities people should be able to do and
  • how they should be able to do it
  • Just imaginewhat if

9
Public vs. Private Employer
  • Private Employers ADA Title I
  • 15 or more employees (also check your state/city
    law)
  • Government Employers ADA Rehab Act Sec. 504
  • Covered regardless of number of employees
  • Obligations under 504 are essentially the same as
    the ADA
  • require formalized documentation of compliance
    efforts
  • appointment of a 504/ADA Coordinator
  • establishment of grievance procedures to address
    disability-related complaints, including those of
    employees
  • Widely publicize the grievance procedures
    throughout the institution
  • Also covered
  • Employment agencies
  • labor organizations
  • joint labor management committees

10
Definition of Disability - ADA Amendments
ActSigned September 25, 2008 / Enacted January
1, 2009 Regulations Published March 11, 2011 /
Regulations Effective May 24, 2011 Negates US
Supreme Court Rulings that narrowed the
definition of disability
  • The ADAAA retains without amendment the existing
    definition of the term disability but clarifies
    the key words and phrases in the definition.
  • The term disability means, with respect to an
    individual
  • who has a physical or mental impairment that
    substantially limits one or more major life
    activities or
  • has a record of such an impairment or
  • is regarded as having such an impairment-even if
    he or she does not, in fact, have such an
    impairment (actual or perceived)
  • Also covered are individuals who are
    discriminated
  • against due to their association with a person
  • with a disability.

11
Major Life Activities (examples and
non-exhaustive list)
  • GENERAL
  • caring for oneself
  • performing manual tasks
  • seeing
  • hearing
  • eating
  • sleeping
  • walking
  • standing
  • lifting
  • bending
  • speaking
  • breathing
  • learning
  • reading
  • concentrating
  • thinking
  • communicating
  • working
  • MAJOR BODILY FUNCTIONS
  • immune system
  • normal cell growth
  • digestive
  • bowel
  • bladder
  • neurological
  • brain
  • respiratory
  • circulatory
  • endocrine
  • reproductive functions

12
ADAAA - Who is protected?
  • The definition of disability broader coverage
    Major life activities now includes bodily
    functions.
  • Substantially limits to be interpreted
    consistently with the ADAAA (rejects prevent or
    severely restrict too demanding)
  • Substantially limits only one major life
    activity has to be limited
  • Episodic or in-remission impairment covered if
    substantially limits a major life activity when
    active
  • Eliminates mitigating measures test
  • Only mitigating measures that can be considered
    ordinary eyeglasses or contact lenses fully
    correct visual acuity or refractive error
  • No discrimination on the basis of uncorrected
    vision in determining qualification
    standards/selection criteria -- unless job
    related consistent with business necessity.
  • Individuals who are otherwise qualified and can
    prove
  • discrimination are entitled to relief.

13
Substantial Limitation
  • An individual is substantially limited in a major
    life activity
  • If the individual is substantially limited
    (consistent with the ADAAA) as to the condition,
    manner, or duration in performing a particular
    major life activity
  • As compared to the condition or manner under
    which the average person in the general
    population can perform that same major life
    activity.
  • Intent of Congress courts to focus on if
    covered entities have complied with their
    obligations (not on intensive analysis of
    disability)

14
Record of Disability / Regarded As
  • Record of no specific changes in the ADAAA
  • EEOCs long-held position that accommodation
    available for record of if still needed
  • Regarded As An individual meets this
    requirement if discriminated against because of
    an actual or perceived physical or mental
    impairment
  • Whether or not the impairment limits or is
    perceived to limit a major life activity
  • ADAAA intent discrimination on the basis of
    disability
  • Dont have to provide reasonable accommodations
    to individuals who are considered regarded as

15
Transitory And Minor Impairments
  • Impairments that are not usually disabilities
  • Temporary, non-chronic impairments of short
    duration with little or no residual effects (such
    as the common cold, seasonal or common influenza,
    a sprained joint) usually will not substantially
    limit a major life activity.
  • Regarded As does NOT apply if
  • The impairment is both transitory AND minor.
  • lasting or expected to last for six months or
    less rule only applies to Regarded As
  • NOTE Actual Disability
  • An impairment may substantially limit a major
    life activity even if it lasts, or is expected to
    last for fewer then six months and reasonable
    accommodations may need to be provided
  • Example Employee has 2 broken arms from a car
    accident that are expected to heal within 4 to 6
    months.

16
For additional information and detail guidance on
the ADAAA go to www.eeoc.gov
  • Questions and Answers on the Final Rule
    Implementing the ADA Amendments Act of 2008
  • http//www.eeoc.gov/laws/regulations/ada_qa_final_
    rule.cfm
  •  
  • Fact Sheet on the EEOCs Final Regulations
    Implementing the ADAAA
  • http//www.eeoc.gov/laws/regulations/adaaa_fact_sh
    eet.cfm 
  • Final Regulations Implementing the ADAAA
  • http//www.federalregister.gov/articles/2011/03/25
    /2011-6056/regulations-to-implement-the-equal-empl
    oyment-provisions-of-the-americans-with-disabiliti
    es-act-as
  • The ADA Amendments Act can be found on the EEOC
    website
  • http//www.eeoc.gov/laws/statutes/adaaa.cfm

17
The ADA Coverage Exclusions
  • current illegal drug addiction / psychoactive
    substance use disorders resulting from current
    illegal use of drug
  • compulsive gambling
  • pedophilia / exhibitionism / voyeurism /
    other sexual behavior disorders
  • kleptomania
  • pyromania
  • gender identity not resulting from a physical
    condition
  • Transvestitism
  • Transsexualism
  • Remember the ADA was passed in 1990 when little
  • was known or accepted and would have been

18
Important Technical Assistance Guidance from
EEOC that I will be referencing
  • ADA Enforcement Guidance Pre-employment
    Disability-Related Questions and Medical
    Examinations www.eeoc.gov/policy/docs/preemp.html
  • EEOC Enforcement Guidance on Disability-Related
    Inquiries and Medical Examinations of Employees
    Under the Americans with Disabilities Act
    www.eeoc.gov/policy/docs/guidance-inquiries.html
  • The Family and Medical Leave Act, the Americans
    with Disabilities Act, and Title VII of the Civil
    Rights Act of 1964 www.eeoc.gov/policy/docs/fmlaad
    a.html
  • The Americans With Disabilities Act Applying
    Performance And Conduct Standards To Employees
    With Disabilities www.eeoc.gov/facts/performance-c
    onduct.html

19
Reasonable Accommodation Policy Approach Creating
a Culture of Access and Inclusion
  • SAY
  • Yes when you can and no when you have to.
  • rather than
  • No when you can and yes when you have to.
  • Be aware of any negative stereotypes and stigma
    you may have, even if unintentional

20
The ADA requires reasonable accommodation in
three aspects of employment
  • 1. To ensure equal opportunity in the application
    process,
  • 2. To enable a qualified individual with a
    disability to perform the essential functions of
    a job,
  • 3. To enable an employee with a disability to
    enjoy equal benefits and privileges of
    employment.

21
Getting to the Workplace Accommodation
  • Before even considering reasonable Accommodation
  • First ask Is this an ADA issue?

22
Determining If You Have an ADA Issue
  • Relevant portions of the ADA require
  • an employer
  • to provide reasonable accommodation
  • to otherwise qualified individuals
  • with disabilities
  • who are employees or applicants for employment
  • unless to do so would cause undue hardship.

23
For Each Employee Go Back to the Basics!
  • Does the individual have a Disability?
  • Is the individual otherwise Qualified?
  • Is the accommodation needed Reasonable to do the
    essential job functions or to apply for the job?
  • Does the accommodation Remove application or
    employment barriers?
  • Is the accommodation made being monitored
  • to make sure it Remains Effective?

24
Is there a disability? How do you know?
3 Stages of Employment Disability
Inquiries
  • 1. Application
  • 2. Post-offer - Pre-employment
  • ADA Enforcement Guidance Preemployment
    Disability-Related Questions and Medical
    Examinations
  • 3. Employment
  • EEOC Enforcement Guidance on Disability-Related
    Inquiries and Medical Examinations of Employees
    Under the Americans with Disabilities Act (ADA)
  • Confidentiality Requirements disability/medical
    info separate from personnel file
  • RA Policies Procedures address each
  • of these 3 stages?

25
Is the Individual Otherwise Qualified
  • Have the skill, experience, education, and other
    job-related requirements of the position, and
    who, with reasonable accommodation, if needed,
    can perform the essential function of the job.
  • Ask
  • What are all the job-related qualifications?
  • Are they all listed on the job description?
  • Review job descriptions
  • What steps were taken to ensure that each
    qualification is actually job-related?
  • What are the screening tools to disqualify on a
  • non-disability-related basis?
  • ( ie criminal history and drug tests).

26
Processand the first 3 minutes of the
interactive process
  • RA Policies Procedures
  • Make sure to include a process to monitor how
    accommodations are working and how leave as an RA
    interacts with FMLA
  • Individual must let employer know that an
    adjustment or change is needed for a medical
    condition.
  • Employer is not required to assume disability
  • Not obligated to observe an employee for any
    behavior that may be disability related, and then
    decide the employee is disabled.
  • The Request (No Magic Words) is the First Step in
    the interactive process between the individual
    and employer
  • Can be made by others (family member, friend) or
    by employer or other employee observation.
  • Does not need to be in writing to start the
    process

27
What Satisfies Accommodation Requirements?
  • Dont have to give accommodation requested by
    employee but the.
  • Accommodation must be EFFECTIVE
  • must enable the employee to perform the essential
    functions of the job
  • must enable applicant with a disability to have
    an equal opportunity to participate in the
    application process and
  • must enable employee to enjoy privileges and
    benefits of employment.

28
UNReasonable Accommodations
  • Eliminating essential functions of the job
  • Lowering production standards
  • Personal use items (i.e. prosthetic limb,
    eyeglasses, hearing aids, wheelchair)
  • Placing a disabled applicant in job for which
    he/she did not specifically apply
  • Placing a disabled individual into a job if doing
    so would create a direct threat to the health or
    safety of the individual or others (risk cannot
    be lowered to acceptable level with reasonable
    accommodation)
  • Maintaining the salary of an employee reassigned
    from a higher-paying job to a lower-paying one if
    the employer does not do so for non-disabled.
  • Creating a job
  • Bumping another employee from his/her job

29
Qualification / Performance Requirements
Conduct Standards
  • Qualification / Performance must be
  • job related
  • consistent with business necessity
  • the qualification standards that are
  • truly reflected in what is expected
  • performed in the actual workplace
  • Based on essential job functions only (not
    marginal functions)
  • Conduct Standards
  • unacceptable workplace conduct can be enforced
  • EEOC Guidance The Americans With Disabilities
    Act
  • Applying Performance And Conduct Standards
  • To Employees With Disabilities

30
Direct Threat and Reasonable Accommodations
  • If an individual poses a Direct Threat
  • significant risk of substantial harm to the
    health and safety of the individual or others
  • the employer must determine whether a reasonable
    accommodation would either eliminate the risk or
    reduce the risk to where substantial harm no
    longer exists.

31
Undue Hardship
  • The responsibility of an employer to provide
    reasonable accommodation is limited to those
    situations that would not cause an undue
    hardship.
  • Limitations
  • costly or
  • unduly extensive or
  • Substantial or
  • Disruptive or
  • those that would fundamentally alter the nature
    or operation of the business

32
Determining Undue Hardship
  • The employer is the one who is required to show
    that an accommodation is an undue hardship.
  • must consider whether there is an alternative
    accommodation that would not impose such
    hardship.
  • Employers must determine undue hardship on a case
    by case basis
  • consider the undue hardship in relation to the
    size of the employer,
  • the resources available, and
  • the nature of the operation.
  • The employer should also factor in the effect of
    tax incentives on the cost of an accommodation
    before making an undue hardship determination.
  • Assessment of undue hardship is an ongoing
    process as resources and situations change.

33
RA Policy and Procedure Ingredients
  • Clearly state the employer complies with the ADA
  • Definition of disability
  • Definition of reasonable accommodation
  • Accommodation process
  • Training
  • Who is responsible for what (job candidates,
    employee, supervisors, HR, etc)
  • How the process is communicated to applicants and
    employees
  • How the request needs to be made
  • Responding to the request
  • Monitoring the effectiveness of the accommodation
    given
  • Accommodation rejection
  • Appeal process
  • Documentation of the process

34
Policy and Procedure Models and Webcast
DBTAC Southwest ADA Center
  • Developing a Successful Reasonable Accommodation
    Process webcast (part 1 and part 2) and model
    policies
  • You will find the two model RA PP under Part 1
    webcast (and the Part 1 Power Point).
  • Small Business Model Reasonable Accommodation
    Policy
  •  Title II State and Local Government Procedures
    Model Reasonable Accommodation Policy
  • http//ilru.org/html/training/webcasts/handouts/20
    11/01-19-DBTAC/index.html
  • For Part 2 webcast PowerPoint
  • http//ilru.org/html/training/webcasts/archive/201
    1/01-26-DBTAC.html

35
Successful RA Process Tips! Creating a Culture
of Access and Inclusion
  • Securing support from the top - including high
    level administrators.
  • Compliance efforts must be system-wide,
    centralized, concerted and coordinated
  • authority needs to be centralized to ensure
    consistent application of programs, policies and
    procedures.
  • Appoint a Task Force
  • While not required by the ADA or 504 it may be
    wise to appoint an organization-wide Task Force.
  •  
  • Utilize the expertise, ideas and input from staff
    at all levels plus research ADA resources. 
  • Invite individuals with disabilities, and
    external customers as consultants to the
    group. 
  • Employees will then have an internal, informal
    access point rather than starting their complaint
    process outside the organization with legal
    counsel or other third parties.

36
Successful RA Process Tips!
  • Review policies, procedures, and forms
  • Review application forms and recruiting hiring
    practices
  • include qualification standards selection
    criteria, upgrading, promotion, demotion,
    transfer, layoff, termination and rehiring
    procedures. 
  • Interviewers need to know what they can and cant
    ask AND when they can and cant ask
    disability-related questions.
  • Review record keeping requirements and the need
    for confidentiality of information obtained
    during medical examinations.
  • Assess Benefits programs
  • medical, hospital, accident, life insurance,
    retirement programs
  • Workers compensation, FMLA and return to work
    programs.
  • Recreation, education and employer sponsored
    social activities must be accessible.

37
Successful RA Process Tips!
  • Conduct technology and physical audits of the
    workplace
  • Lunchrooms, lounges, bathrooms, and parking must
    be accessible to all employees.
  • Information technology, including the web,
    software and hardware should be accessible as
    well.
  • Review job descriptions
  • Section 504 nor the ADA require written job
    descriptions.  But most of the literature
    suggests that properly prepared job descriptions
    are critical in complying with the regulations. 
  • Job descriptions can be a valuable tool in the
    recruitment, selection, hiring, and accommodation
    assessments needed for successful programs. 
  • Job descriptions are a road map for supervisors,
    interviewers, even applicants and employees
    throughout the employment process.

38
Successful RA Process Tips!
  • Develop a process for making accommodations and
    determining undue hardship
  • The process must be on a case-by-case basis but
    within a structured system for making
    assessments.
  • Employment decisions must be based on the
    abilities of individual applicants or employees,
    and not on presumptions about what individuals
    with disabilities can or cannot do.
  • Develop training programs and manuals
  • Training is key - at all levels of the
    organization.
  •  
  • All employees should be trained interviewers,
    hiring supervisors, administrators, co-workers.
  • Often the greatest barrier to implementing
    successful disability employment practices is the
    attitudes of co-workers.
  • All employees should be part of the solution in
    ensuring equal access.

39
Successful RA Process Tips!
  • Develop and implement a comprehensive
    communication program
  • Its not enough to have policies available in a
    handbook.
  • Communication vehicles need to be multi-faceted. 
  • Develop evaluation and monitoring tools
  • Document everything you do to demonstrate that
    you are making good faith efforts toward
    compliance.
  • what accommodations have been made for whom
  • what attempts were made to make accommodations,
    including what resources were accessed in those
    attempts. 
  • Include a system for indicating when
    accommodations were not made because of undue
    hardship
  • for monitoring accommodations made

40
Creating a Work Culture of Access
  • Accessibility
  • Increases the ability of the organization to
    attract qualified applicants
  • Equals agility creating a creative (not
    expensive) flexible employer who will attract and
    maintain the best potential employees
  • Remember the business and employment case so your
    organization remains productive and viable.

41
Group Training Scenarios Exercise What would
you do?
  • Consider the following as you ponder on what
    steps to take to
  • address the situation and what additional facts
    you need to know.
  • Is this individual covered by the ADA? / Is there
    a disability?
  • Is the individual otherwise qualified?
  • Is the accommodation requested OR needed
    reasonable?
  • Does the accommodation remove employment barriers
    to do the essential functions of the job or the
    apply for the job?
  • What other reasonable accommodations could be
    made to create equal employment access?
  • How will you monitor the accommodation
  • to make sure it remains effective?

42
Seizures
  • An employee, whose job it is to market the firms
    services by meeting with potential clients at
    their offices, develops a condition that results
    in occasional seizures. As a result the employee
    can no longer drive but wants to continue to do
    his job. The employee has worked for the firm
    for 15 years and has been recognized as the best
    salesman 5 years in a row.

43
Chronic Fatigue Syndrome
  • An employee, due to chronic fatigue syndrome,
    found it difficult to arrive at work on time
    early in the morning. For three years, the
    employee was given the accommodation of a later
    start time and received satisfactory job
    performance ratings all three years as a tax
    auditor.
  • A new supervisor decided that letting this
    employee come in later than the rest of the
    employees was bad for morale and that this
    employee could at least try to arrive at 800 am,
    so he removed the accommodation.
  • Plus the new supervisor could not find any past
    documentation of the granted accommodation.

44
Hip and Bone Pain
  • An grocery store employee who had hip and bone
    problems was experiencing severe leg pain. He
    mentioned the pain to his employer and that he
    couldn't stand on it much longer.
  • The employer sympathized with the employee but
    didnt think any more of the conversation.

45
Depression
  • An employee, who is a social worker the State
    Dept. of Health, began to experience mental
    health difficulties. He found that his job was
    becoming more and more stressful due to his
    depression.
  • The employee asked his employer to transfer him
    to another position within the Dept., claiming
    that his current position was too stressful and
    overwhelming. The employer denied the request and
    said that he was "doing fine" in his current
    position.
  • During a subsequent meeting, the employee "broke
    down" and started to cry. During the weeks
    following this meeting, the employee was
    reprimanded once for working late without
    approval and 4 times for failing to complete his
    assigned tasks in a timely manner.

46
Medical Restrictions
  • An employee, who is a sales manager in a small
    retail store, is required to perform certain
    cleaning tasks, including mopping floors, that
    violated his medical restrictions. The employee
    asked for an accommodation not to be assigned
    mopping responsibilities and provided medical
    support.
  • The employer refused the request and required
    the employee to mop, which lead to further injury
    and a medical leave.

47
Environmental Illness
  • An administrative employee at a computer company
    develops an multiple chemical sensitivity (the
    cause of which is unknown). The illness makes
    her very allergic to fragrances.
  • She asks her supervisor if she will send a memo
    to her co-workers asking them to refrain from
    wearing perfume at the office.
  • The supervisor refuses. Her production suffers
    and she is fired.

48
Seasonal Affective Disorder
  • A teacher with seasonal affective disorder
    requested a classroom with natural light and
    identified other issues that exacerbated her
    condition, including noise distractions and
    inadequate ventilation.
  • Although the school remedied some of these
    issues, it failed to reassign her to a room with
    natural light.
  • As a result, plaintiff needed to take medical
    leave.

49
Appendix
  • Types of Accommodations
  • Including the not so obvious
  • Extensive ADA Resources

50
Types of Accommodations
  • Information Technology (conduct web, software,
    hardware audits)
  • Assistive Technology
  • Modifications to work stations (conduct
    architectural audits)
  • Modifications to schedule
  • Telecommuting
  • Structural changes within leased space
  • Structural changes to building during renovations
  • Promoting an employee into a vacant job

51
Examples of RA for Involving Communication
Tactile markings on equipment in Braille or
raised print, Talking calculators, Speaker
phones, Telecommunication Devices for the
Deaf, Telephone amplifiers, Removing
communication barriers such as putting up Braille
signage or flashing fire alarms.
Qualified readers or qualified sign language
interpreters, Examinations, training materials
or policies in Braille, large print, audio tape,
etc., Software for standard computers and other
equipment that can enlarge print or convert print
documents to spoken words (screen readers),
52
Assistive Technology (See Accessible Action
Technology Center in this PowerPoint Resources)
  • Mechanical Page Turners
  • Modifying Computer Keyboards
  • Ergonomic Seating Considerations
  • Headsets
  • Negative Tilted Keyboard and Mouse
  • Adjustable Desks
  • Sip/Puff Switch / Foot Switch

53
Modifications to Work Stations
  • Furniture
  • Office layout
  • Equipment adaptations

54
Modifications to Schedule / Telecommuting
  • Flexible scheduling
  • Delayed start time
  • Telecommuting can be an option for employees as a
    reasonable accommodation or means to keep valued
    employees.

55
Structural Changes within Leased or Owned Space
  • Bathroom modifications
  • Door openers
  • Signage
  • Accessible stalls
  • Rearrange furniture in employee kitchen
  • Keep reception area furniture out of main path of
    travel
  • When carpeting needed to be replaced, low pile
    need to be priority
  • Some offices reconfigured for greater
    accessibility

56
Structural Changes to Building During Renovations
  • Main level parking lot modifications
  • Main level door opener
  • Main level curb cuts
  • Ramp to doors
  • Door openers
  • Marking accessible parking spaces
  • Signage on elevators
  • Bathroom modifications

57
Steps to Workspace Accommodations
  • Discuss accommodation needs with employee/s.
  • Ask for suggestions for solutions.
  • Research options.
  • Make sure solution doesnt pose obstacle for
    another employee!

58
Steps to Office Modifications
  • Invite employees to notify you of hard to use or
    inoperable elements of your facility- Create an
    Environment that invites this.
  • Ask for suggested solutions.
  • Research options.
  • Make necessary modifications can be useful for
    all employees!

59
Steps to Building Modifications
  • Discuss needs for accessible features with
    building owners/managers-may have to stay on
    them to do modifications!
  • Provide written information on ADAAG, state or
    local codes to landlord.
  • Provide referrals for technical assistance if
    necessary.
  • Follow-up.
  • Remind Leasers Access benefits ALL tenants!

60
Development of Evacuation Plan (there are tons
of resources on this call the Southwest ADA
Center)
  • Like many accommodations, evacuation plans are
    for everyone!
  • Invite employees with/without disabilities to
    discuss evacuation strategies/needs-what do they
    want to do to get down the stairs?
  • Meet with fire marshal to determine average
    response times and their on-site protocol.
  • A safe room that Fire marshals know about?
  • Meet with staff or committee to devise evacuation
    plan.
  • If necessary, purchase evacuation chair.
  • Provide staff training on evacuation procedures.
  • Fire box that has all your important info?

61
  • RESOURCES

62
The ADA Resource!
  • The Leading Resource On
  • ADA ADAAA
  • Other disability related laws such as IDEA
  • Making information technology accessible
  • Services a wide range of audiences including
  • employers
  • businesses
  • government agencies
  • WIA Workforce System
  • schools
  • people with disabilities
  • Expert staff are available to provide training,
    publications and respond to your inquiries.
  • Hot Line 1-800-949-4232
  • Web Site www.southwestADA.org
  • Check out the Archived Webinars and Podcasts!

63
New Mexico Governors Commission on Disability
  • Mission To improve the quality of life of all
    New Mexicans with disabilities by addressing
    social integration, economic self-sufficiency,
    political resolve, physical and program
    accessibility, and full participation in the
    benefits of life and rights of all individuals.
  • Information and Training
  • ADA
  • Employment Reasonable Accommodations/Best
    Practices
  • Emergency Preparedness
  • NM Building Code Accessibility
  • Voting Accessible Polling Sites
  • Assistive Technology
  • And much much more! Go to www.gcd.state.nm.us
  • 491 Old Santa Fe Trail, Santa Fe, NM
    87501Phone/TTY (505) 476-0412,
  • Toll Free (in state only) 1-877-696-1470 /
    gcd_at_state.nm.us

64
Job Accommodation Network 800-526-7234
(V/TTY) http//askjan.org A free consulting
service designed to increase the employability of
people with disabilities
65
Accessible Action Technology Centerhttp//www.res
na.org/aboutUs/resnaSponsoredProjects/accessible-t
echnology-action-center.dot?host_id1
  • The Accessible Technology Action Center (ATAC)
    facilitates and promotes the use of accessible
    technology in the hiring, employment, retention,
    and career advancement of individuals with
    disabilities.
  • Develop, coordinate and publicize resources on
    accessible technology in the workplace
  • Promote effective employer practices in the
    workplace related to leadership, self-assessment,
    policies and practices, continuous improvement
  • Facilitate policy advancement on specific issues
    facing employers, developers, and the technology
    industry related to ensuring accessible, usable
    and interoperable technology in all types of work
    settings and
  • Translate policy knowledge into adoption and
    implementation.
  • A Program of RESNA at www.resna.org
  • (Rehabilitation Engineering and Assistive
    Technology
  • Society of North America)

66
Cornell University Employment and Disability
Institute (EDI)
  • Since 1968, researchers and practitioners at the
    Cornell ILR School with expertise in disability
    have helped companies, labor organizations,
    government agencies, schools, and communities
    throughout the United States and abroad to
    accommodate and integrate individuals with
    disabilities.
  • The EDI team consults with policy makers,
    disability advocates, and rehabilitation program
    professionals.
  • EDI provides technical assistance, training, and
    research in the following topic areas
  • ADA, Accommodation Accessible IT, Community
    Inclusion, Disability Benefits and Work,
    Disability Employment Research, Disability
    Statistics Research, Educational Achievement
    Transition, International Disability Research,
    and Workforce Development
  • http//www.ilr.cornell.edu/edi/
  • 607-255-7727 (VOICE)
  • 607-255-2891 (TDD)

67
US Department of Labors Office of Disability
Employment Policy
  • ODEP is an extensive and rich source on
    employment and disability.
  • www.dol.gov/odep
  • 1-866-487-2365 (VOICE)
  • 1-877-889-5627 (TDD)

68
Equal Employment Opportunity Commission
  • The EEOC provides access to Federal employment
    laws and regulations. The EEOC has publications
    on the Americans with Disabilities Act which
    include their policy guidance on various portions
    of the Act, fact sheets, QAs, best practices,
    and other information.
  • www.eeoc.gov
  • www.eeoc.gov/laws/types/disability.cfm
  • 1-800-669-6820 (TTD)

69
ADA Case Law Database
  • The ADA Case Law Database is a comprehensive
    search tool that provides information pertaining
    to significant rulings under the Employment
    (Title I), Local and State Government (Title II)
    and Places of Public Accommodations (Title III)
    provisions of the Americans with Disabilities Act
    (ADA).
  • The database is a unique research tool specially
    designed to search by a variety of variables
    including but not limited to disability type,
    discrimination issue, jurisdiction and remedy.
  • http//www.adacaselaw.org/
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