Providing Reasonable Accommodations for Individuals with Disabilities in National Service Programs...
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Transcript of Providing Reasonable Accommodations for Individuals with Disabilities in National Service Programs...
Providing Reasonable Accommodations for
Individuals with Disabilities in National Service
ProgramsPresenter:
Dr. Suzanne Gosden Kitchen
Thanks for joining us today.
www.serviceandinclusion.org
Toll-free hotline: 888-491-0326 (voice/TTY)
www.serviceandinclusion.org
Toll-free hotline: 888-491-0326 (voice/TTY)
Gentle Reminders…
Please use your phone’s “mute” option. Please do not use your “hold” button.
We want to provide every opportunity for participants to ask questions, but to keep with time, we ask that everyone save questions for the end:
• “Raise hand” icon
• Chat window to type questions
The session will be recorded.
Providing Reasonable Accommodations for
Individuals with Disabilities in National Service Programs
Dr. Suzanne Gosden KitchenSenior Consultant
Presentation Objectives
1. Learn to use the JAN website1. Learn to use the JAN website
2. Understand disclosure /documentation process under ADA2. Understand disclosure /documentation process under ADA
3. Identify job accommodations for various disabilities3. Identify job accommodations for various disabilities
Increase knowledge of various types of job accommodation under the ADA.Increase knowledge of various types of job accommodation under the ADA.
Increase knowledge of various types of job accommodation under the ADA.Increase knowledge of various types of job accommodation under the ADA.
4. Practice writing a job accommodation request letter.4. Practice writing a job accommodation request letter.
4. Practice writing a job accommodation request letter.4. Practice writing a job accommodation request letter.
Established for 25 Years Funded by the Office of Disability Employment Policy Based in Morgantown, WV Serves a national audience Provides electronic and telephone consultation, expert training, and comprehensive accommodation and compliance information
JAN Overview
38,000 contacts annually 3.5 million Web hits annually
Employers Individuals with disabilities Educational Professionals Rehabilitation and medical professionalsPeople with disabilities interested in self-employment
Who Uses JAN? EVERYONE DOES!!
Explore JAN on the Web!
Wonder why…
…some people with disabilities do not disclose their disability to others in the program?
Perhaps no accommodation is needed. Perhaps accommodations are implemented without
involving the program manager. Perhaps the specific accommodation is not known. Perhaps confidentiality is desired above all else. Perhaps there is skepticism or fearfulness about
disclosure. Perhaps there is shamefulness or embarrassment about
disclosure. …other thoughts??????
TO Disclose or NOT to Disclose…
Advocacy groups for people with disabilities may maintain a strong position FOR or AGAINST disclosure, for reasons such as:
Solidarity Change Empowerment Protection
TO Disclose or NOT to Disclose…
Sometimes people are advised: not to disclose to disclose at inappropriate times Do you have an experience to share?
But people do disclose…
…for some very good reasons!
Why Disclose?
To ask for job accommodations
To receive benefits or privileges specifically for employees with disabilities
To explain an unusual circumstance
HOW to disclose the disability:
The individual must let the program manager know:
an adjustment or change in service is needed for a reason related to a medical condition
To request accommodation, an individual: may use "plain English" need not mention the ADA need not use the phrase "reasonable
accommodation"
HOW to disclose the disability:
Verbally: or in writing, tell the… Program manger Site Supervisor Human Resource Representative or other appropriate person
Disclosure Scenario #1
Disability: ADD
Scenario: A Senior Corps member
Disclosure: Verbally tells supervisor of the disability and the need for written reminders on project details
Disclosure Scenario #2
Disability: Sleep disorder
Scenario: AmeriCorps member
Disclose: Verbally tells supervisor of the disability and explains the need for a assistive technology as an accommodation
HOW to Disclose the Disability
Documentation should be provided: when the disability is NOT obvious when the need for accommodation is NOT obvious
Documenting the Disability:
Documentation comes from appropriate professionals: Medical doctors Psychiatrists and psychologists Nurses Physical or occupational therapists Speech therapists Vocational rehabilitation professionals Licensed mental health professionals Educational professionals
Documentation explains that a person meets the ADA’s definition of the word “disability”
Physical or mental impairment Substantially limited - more limited than the average person Major life activities - things we do every day with little or no
effort: eating breathing walking talking seeing hearing learning
Documenting a Disability
Disability: Asthma
Scenario: The member has:
difficulty breathing
physical fatigue
blurred vision during/after asthma asthma attacks
Documentation: Explains these limitations, and justifies the need for reasonable accommodations
Documenting a Disability
Disability: Bipolar Disorder
Scenario: The member has:
difficulty concentrating
difficulty staying focused
difficulty interacting with coworkers
Documentation: Explains these limitations, and justifies the need for reasonable accommodations
Definition of Disability
Unique to ADA Different from other laws
IDEA SSA DMV
NOT automatically “disabled” under ADA if:
Had IEP from public school Receive SSI or SSDI benefits Hold a disability parking permit issued by
DMV
WHEN to disclose the disability:
May request accommodation any time during application process or period of service
No preclusion from requesting accommodation because you did not disclose “up front”
WHY to disclose the disability:
To request accommodation when a site barrier prevents you from
performing your job
As a practical matter request accommodation before
performance fails or conduct problems occur
What Accommodation to Request:
using assistive technology modifying your service/volunteer schedule acquiring a service using leave (time off) receiving a position reassignment implementing service/volunteer restructuring modifying service instruction or training materials other accommodations
tele-work adjusting supervisory method using a service animal modifying a policy
Using assistive technology:
any item or piece of equipment that is used to increase, maintain, or improve functional capabilities of individuals with disabilities
What does AT look like?
What does AT look like?
Modifying the service schedule:
a certain number of hours per day a certain number of hours per week a certain number of days in a row at a certain time of the day or night
Acquiring a service:
sign language interpreter CART service service/volunteer coach scribe reader
Using leave (time off):
to receive treatment to recuperate from impairment to avoid adverse conditions at work
broken elevator poor air quality during a renovation
how much leave not specified in ADA service position should remain open can’t be penalized for using leave
Reassignment:
to an equal position that is open, that the person is qualified for
the person does NOT compete for the position the employer does not have to create a position
Other accommodations:
tele-work or working from home adjusting supervisory method using a service animal modifying a policy
Case Study #1
Member with LD Volunteering at a local soup kitchen Limitations:
Sub-average reading skills
How might we accommodate her?
Case Study #1
Case Study #2 Member with Schizophrenia Volunteering by building homes in the community Limitations:
Difficulty managing stress Easily distracted
How might we accommodate him?
Case Study #2
Case Study #3 member with age-related vision loss Volunteering at local community center doing literacy tutoring Limitations:
Poor visual acuity Impaired memory
How might we accommodate him?
Case Study #3
ResourcesEEOC Guidance on Reasonable Accommodation and
Undue Hardshiphttp://www.eeoc.gov/policy/docs/accommodation.html
Ideas for Writing an Accommodation Request Letterhttp://www.jan.wvu.edu/media/accommrequestltr.html
Employee’s Practical Guide to Requesting and Negotiating Accommodations under the ADA
http://www.jan.wvu.edu/EeGuide/
Contact Information
(800) 526-7234 (V)
(877) 781-9403 (TTY)
http://www.jan.wvu.edu
Suzanne Gosden Kitchen
Questions