Training Session #2Accommodating Disability

Training Session #2 Accommodating Disability

MISSION To ensure that youth with disabilities are provided full access to high quality services in integrated settings in order to maximize their opportunity for employment and independent living COLLABORATIVE PARTNERS  Center for Workforce Development, the Institute for Educational Leadership

 Disability Studies & Services Center, the Academy for Educational Development  National Conference of State Legislatures  National Youth Employment Coalition

 National Association of Workforce Boards  National Center on Secondary Education & Transition, the University of Minnesota  TransCen, Inc. TYPES OF PRODUCTS AND RESOURCES • How to Guides • Information and Policy Briefs • Backgrounders • Hot Topics Syntheses • Funding Sources • Training Materials What will you find in this Session?  Advantages of Work  Why Focus on Youth with Disabilities  Legislation Supporting Accommodations  Workplace Accommodations  Employer/Employee Responsibilities  Case Studies  Resources/Handouts

Advantages of Work for ALL Youth  creates an employment history  provides opportunity to gain valuable work-readiness skills & knowledge of careers  provides an important source of income  provides out-of-school youth with an opportunity to re-engage in a productive activity  fosters close relationships between youth and adult mentors  gives youth constructive roles as both learners and workers with real-life responsibilities Advantages of Work (continued)  makes smoother integration into the adult work world  enhances employability skills by learning on-the-job  prolongs likelihood of staying in school longer by providing an incentive to complete secondary school  self-esteem and self-reliance are built by responsibility and success  makes the intellectual content of academic subjects more meaningful and relevant Advantages of Work (continued)  provides opportunities to practice and apply skills in a hands-on setting  clarifies career goals and pathways  sustains contact with adults in a professional work environment  associates punctuality, dependability, with a sense of personal responsibility, and high motivation to perform work well Why Focus on System Supports for Youth with Disabilities?  Youth with disabilities are oftentimes NOT receiving the same services and supports as youth without disabilities Why Accommodate Youth with Disabilities?  Access to work-based learning experiences is a crucial component for youth with disabilities to determine their career direction/choices.  Success in the workplace often depends on the availability and effectiveness of accommodations and supports.  Accommodations and supports ensure that youth have full access to the workplace and are successful in completing tasks.

Legislation that Requires Accommodations  Americans with Disabilities Act (ADA)  Section 504 of the Rehabilitation Act  Section 508 of the Rehabilitation Act  Individuals with Disabilities Education Act (IDEA)  Section 188 of the Workforce Investment Act (WIA) Americans with Disabilities Act (ADA) of 1990  Prohibits discrimination against people with disabilities in employment, transportation, public accommodations, communications, and activities of state and local government  Prohibits discrimination in private sector employment/training programs; and in state and local government employment, activities, and programs

Definition of Disability (under the ADA)  Anyone with a physical or mental impairment that substantially limits one or more of the following major life activities (examples): – Walking - Working – Speaking - Taking care of self – Sitting - Learning – Hearing - Breathing – Thinking - Standing – Seeing - Sleeping – Concentrating - Reproduction

Definition of Disability (under the ADA) (Continued)  Individuals associated with persons with disabilities (i.e., spouses, children, etc.)  Anyone with a record of such impairment of substantial limitation  Being regarded as having such an impairment Important ADA Terminology  Qualified person with a disability  Essential job functions  Reasonable accommodations  Undue hardship

Qualified Person with a Disability  An individual with a disability who can: – satisfy the required skills, experience and education for the desired or held position and – perform the “essential functions” of the position, with or without “reasonable accommodations.” Essential Job Functions These are the tasks that are fundamental and necessary to perform a given position. They do not include marginal duties. Reasonable Accommodations This is any change an employer makes that enables a qualified person with a disability to:  Have equal opportunity in the selection process,  Perform the essential functions, and  Enjoy equal benefits and privileges of employment. Reasonable Accommodations (Examples)  Reasonable Accommodations may include: – Extended breaks during work day – Providing or modifying equipment – Making facilities accessible and removing barriers – Providing readers and sign language interpreters – Allowing job coach participation Undue Hardship  An employer needs to provide accommodations unless the accommodation would require “significant difficulty or expense” based on:  The size of the business operation  The financial resources of the employer Undue Hardship (Continued)  The cost of the accommodation in relation to the size of the business and its resources, – The disruption to other workers – The alteration to the employer’s business or the changes in the delivery of services. Undue Hardship Scenario #1  There is a small not-for-profit employment establishment (approximately 20 employees). They have access to limited resources and one of the employees is deaf and is seeking a full-time interpreter as an accommodation. After exploring all possible options, the cost of hiring a full-time interpreter would be at least $20,000. The small business is not able to afford such a cost and must seek other sources of support (possibly through VR) to help compensate the business. Undue Hardship Scenario #2  An employer is seeking a full-time position for someone to perform various administrative duties while the office is open for operation (9-5 pm). One of the functions of the job is to answer the telephones during office hours. An employee with a disability is seeking alternate hours for working at this job (11-7 pm) as an accommodation. The employer would essentially have to waive the essential functions of the job as they were posted for the job opening. The office is only opened from 9-5 pm and an additional part- time position would need to be filled in order to accommodate the alternate hours. This may be viewed as an undue hardship to the employer. The Individuals with Disabilities Education Act (IDEA)  mandates public school districts receiving federal funds provide a “free appropriate public education” in the least restrictive environment  mandates transition services including activities that promote the movement from school to post-school activities, and appropriate placement options for all students who are eligible  prohibits public school students with disabilities from being excluded from school-based or work-based learning activities Section 504 of the Vocational Rehabilitation Act  Section 504 of the Vocational Rehabilitation Act states that no individual with a disability can be denied access to any program or activity that receives federal funds because of his/her disability.  Programs that receive federal funds must be accessible to people with disabilities – Barrier-free – Reasonable accommodations must be provided

Section 508 of the Vocational Rehabilitation Act  Section 508 of the Vocational Rehabilitation Act requires that federal agencies’ electronic and information technology be accessible to people with disabilities, including employees and members of the public Individuals with Disabilities Education Act (IDEA)  For older youth with disabilities, the IDEA is organized around six central principles that thread through the law and support the rights that children and youth with disabilities and their families have and the way in which schools plan, deliver, and evaluate the special education services delivered to these children and youth Six Principles of the IDEA  Free, Appropriate, Public Education (FAPE)  Appropriate Evaluation  Individualized Education Program Six Principles of the IDEA (continued)  Least Restrictive Environment  Student and Family Participation in Decision Making  Procedural Safeguards Section 188 of the Workforce Investment Act Ensures nondiscrimination and equal opportunity for various categories of persons, including persons with disabilities, who apply for and participate in programs and activities operated by recipients of WIA Title I financial assistance.

Workplace Accommodations…..  any change in the work environment or in the way things are usually done that enables an individual with a disability to participate in the application process, to perform the essential functions (or fundamental duties) of a job, or to enjoy equal benefits and privileges of employment that are available to individuals without disabilities Workplace Accommodations…..  Need only be provided to the extent that they are necessary to do the essential functions of the job  If an individual with a disability seeks an accommodation, generally he or she is responsible for informing the employer of the need  Individuals do not have to use the word “accommodation,” but they must indicate that they have difficulty carrying out their tasks due to a disability Workplace Accommodations do not….  rectify a poor job match or compensate for a lack of knowledge, skills, or abilities  change the nature of the task being performed  lower or alter the standards or competencies Employer Responsibilities During the Interview Stage...  Pre-job offer, you may ask about an applicant's ability to perform specific job functions.  You may ask applicants to describe or demonstrate how they would perform job tasks, if the same questions are asked of all applicants.  You may also describe what the application process will involve and ask whether the job-seeker will need accommodations for the application process. Employer Responsibilities In the Post-Offer, Pre-Hire Stage  may ask disability-related questions and require medical exams, even if they are unrelated to the job, as long as two conditions are met:  All entering employees in the same job category must be subjected to the same questions/exams, regardless of disability; and,  All information obtained through these questions/exams must be kept confidential. Employer Responsibilities After the Job-Seeker Begins Work  The employer may ask disability-related questions and/or require medical exams if the questions/exams are job-related and consistent with business necessity.  The information obtained must be kept confidential.

Workplace Accommodations: Examples  Change employee’s workstation arrangement  Modify equipment or devices (computer software)  Provide ramps and reserved parking spaces (physical accessibility)  Reassign non-essential functions through job restructuring  Provide qualified readers and interpreters  Provide part-time or modified work schedules  Adjust or modify examinations, training materials, and policies How to Identify What Accommodations are Needed When determining which accommodation to provide: – Ask the individual – Identify the individual’s job, potential job, or career goal – Identify “essential functions” of the job/position – Identify “functions” that the individual is unable to perform or require assistance from others – Brainstorm potential accommodations – Investigate most appropriate options Case Studies Identifying Accommodations  Scenarios across a wide range of disabilities  Identify the issues of concern  Identify the potential solution Case Study  Roberto has just been hired in an accounting firm. Although his office is accessible (for his wheelchair), the conference room where all staff meetings are held is not. Case Study  Rebecca loves her job as a “Cooperative Cataloging Assistant.” She gets along splendidly with her co-workers and her supervisor. Recently, Rebecca has had difficulty making it to work on time and has been missing days. Case Study  John consistently receives praise from his boss for performing his job (as a car detailer) in an exemplary manner. When John is not busy, however he will stand in one place, rock back and forth, and flick his fingers in front of his face. On several occasions, customers have complained to management about his behavior. Case Study  A worker with a learning disability has difficulty taking notes during monthly staff/employee meetings. Case Study  An individual with cognitive disabilities is an employee for a company that maintains and repairs equipment for coffee houses. The tasks for the job include cleaning the parts after they have been disassembled and placing them in separate bins. The supervisor notices a lack of productivity for the employee when asked to place the parts in the bins. Case Study  An individual who has been treated for stress and depression is experiencing difficulty maintaining concentration when trying to complete assignments and meet critical deadlines. Case Study  An radio broadcast announcer who is blind needs to read the Associated Press (AP) wire news desk material for his job. Contact NCWD/Youth 1-877-871-0744 (toll free) 1-877-871-0665 (TTY toll free) www.ncwd-youth.info www.highschoolhightech.net [email protected] *****************************

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