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Employing Persons with Disabilities Chantal Woodyard

Outreach Coordinator/ADA Specialist

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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.

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Regional Centers

www.adata.org

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ADA Center Functions

• Technical Assistance / ADA Information• Referral & Networking with other Disability

Organizations • Research • Training

• Material Dissemination

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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

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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

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ADA Definition of Disability

1. A physical or mental impairment that substantially limits a major life activity

2. A record of such an impairment

3. Being regarded as having an impairment.

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WHY SHOULD I HIRE PEOPLE WITH DISABILITIES?

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It is all about talent!

• People with disabilities have: - Talent- Skills- Education- Motivation

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It is all about diversity!

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HOW CAN I HIRE PEOPLE WITH DISABILITIES?

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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?

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Check for Accessibility Barriers

• Management knowledge: 1. Disability etiquette

• Knowledge on interactions: 1. People first language

• Facility access: 1. Readily achievable barrier removal

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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

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COMMON MISCONCEPTIONS ABOUT HIRING PEOPLE WITH DISABILITIES

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MYTH: Employees with Disabilities have a higher absentee rate than other employees.

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MYTH: Someone will always have to help them.

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MYTH: Accommodations will be costly.

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MYTH: I cannot terminate or discipline a person with a disability.

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MYTH: Workers with disabilities are more likely to have accidents.

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MYTH: Interviewing applicants with disabilities makes it easy to break employment laws.

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MYTH: People with disabilities will slow down productivity and reduce performance standards. They

may require more supervision.

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HOW DO I ADDRESS EMPLOYMENT ISSUES?

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Accommodation Request

• Have a Policy • Respond in a timely manner• Begin interactive process • Assess position requirements & employee

needs • Document• Follow up

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Visible Disability & Performance Uncertainty

• What kinds of questions can I ask when I can see a disability and it raises concerns about job performance?

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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

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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

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Performance Issues: No Disclosure

• What happens if I think the performance issue is due to a non-disclosed disability?

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Disclosure After Performance Issue

• An employee disclosed after I suspended them for absenteeism. Now what?

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Accommodation Envy

• How should a supervisor answer the following questions from an employee without a disability:

1. Why does ____ get to come in at 10am and I have to come in at 9am?

2. Is everyone getting a chair like _____?

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Employee Not Doing The Job

• Have updated job descriptions • Evaluate performance of all employees • Document • If accommodations are in place• Remember ADA = Equality

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Longtime Employee Acquires Disability

• Interactive process • Job restructure • Reassignment

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Employee Out On Leave

• Determine FMLA eligibility • Discuss leave parameters • Schedule follow-up• Determine if accommodations are needed • Evaluate job description

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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

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What about drug testing

• An employer can require a drug test prior to hiring

MMJ not protected under ADA

Prescription medication

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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

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Questions?

Chantal WoodyardOutreach Coordinator/ ADA Specialist

cwoodyard@mtc-inc.com 800-949-4232 extension 102