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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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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
[email protected] 800-949-4232 extension 102
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