Presentation Transcript

1. Changing Corporate Culture Strategy Katherine McCary, C5 Consulting, LLC Howard Green, NOD Sara von Shrader, Cornell Amy Dwyre, Mid-Atlantic ADA Center

2. Agenda

   Opening Remarks & Introductions The Business and Compliance Case Dispelling Common Myths Best Practices & Global Trends Perspectives and Common Themes Appropriate Language and Disability Etiquette Cornell Study on Disclosure Reasonable Accommodation Resources Contact Information
3. WORKFORCE COLLABORATION FOR DIVERSITY & BUSINESS SUCCESS MARKETPLACE COMMUNITY C5

4. The Business Case

   Business recognizes the value of diversity and will benefit by expanding diversity to include people with disabilities People with disabilities, including wounded warriors, want to work Individuals with disabilities are the largest minority population more than 60 million Americans, 23 million of working age 82% of all disabilities are acquired with age, illness or accidents which therefore tells us it will continue to grow at a rapid pace because of the aging workforce As customers they have an annual buying power of $3 trillion and aggregate income of $220 billion 88% of Americans prefer to give their business to employers who hire people with disabilities Talent shortage is real

5. The Compliance Case

   ADA 1990 Discrimination Law- 3 prongs: Major life activity ADAAA 2010 Broadened the Disability Definition- Emphasis on Qualifications, Accommodations and Discrimination. Mitigating measures and who is covered expanded

6. Section 503 of the Rehabilitation ActProposed OFCCP Rule

   Introducing a 7 % utilization goal for individuals with disabilities to assist in measuring the effectiveness of contractors’ affirmative action efforts; Improve data collection pertaining to individuals with disabilities to create greater accountability for contractors; Require contractors to invite individuals with a disability to voluntarily self-identify at the pre-offer and post-offer stages; Require that contractors conduct regular anonymous surveys of their employees to provide an opportunity to self-identify for those who do not wish to do so during the hiring process; Update how OFCCP compliance officers conduct evaluations of contractors; and Address the increased use of technology in the workplace by providing for electronic posting of employee rights and contractor obligations.

7. Dispelling Common Myths & Addressing Concerns

   Individuals with disabilities do not have the talent and skills needed in business Accommodations are expensive Accommodations aren’t effective Productivity and attendance will be negatively affected Individuals with disabilities leave jobs more frequently Performance standards will have to be lowered Co-workers/members will be uncomfortable Not able to terminate
8. Estimated 650 million people with disabilities in the world People with disabilities population will grow as a result of the aging population Approximately 80% of people with disabilities live in developing countries Research suggests significant costs due to productivity losses Costs in Asia between 3 percent (US $1.8 billion) of 2006 GDP in Vietnam and 4.6 (US$9.6 billion) percent of 2007 GDP in Thailand

   Global Demographics

9. Global - War for Talent Manpower's Q1 2012 Employment Outlook Survey reveals: Despite current economic challenges, employers in 31 of 41 countries/territories surveyed will hire employees Employers in India, Brazil, Taiwan and Panama have especially strong hiring expectations Employers in Greece, Hungary and Italy report the weakest hiring expectations
10. Global - War for Talent Employers reported in 2011 Talent Shortage Survey 34% are experiencing difficulty in filling jobs due to lack of available talent Employers in India, US, China and Germany are experiencing the most dramatic talent shortage The U.S. jumped from 14% (2010) to 52% (2011)
11. Global - Region/Country Quotas Asia Japan (1.6%) Thailand Vietnam Eastern Europe Hungary (5%) Poland (6%) Russian Federation Europe Germany (6%) France (6%) Italy (15%) Austria (4%) U.K./Netherland
12. Global Best Practices Disability-related Employer Groups Australian Network on Disability (Australia) Employers Disability Network (New Zealand) Business Advisory Board on Disability (Russian Federation) USBLN (U.S./Canada) Chamber of Industries of Guayaquil (Ecuador) Unternehmens Forum (Germany) Confederation of Indian Industry (India) Serbian Association of Employers (Serbia) Employers Federation of Ceylon (SriLanka) Blue Ribbon Employer Council (Vietnam)
13. Global Best Practices Practices within companies Policy statements Accessible materials, online environments and workplace Employee disability network Disability awareness training
14. Global Best Practices Practices to attract, retain and develop Customized recruitment/community outreach Internships, mentoring and leadership programs Internal SME's Suppliers/entrepreneurs with disabilities Volunteer programs Participation in business groups/networks Partnerships with NGO's/CBO's

15. Common Themes

    Leadership commitment to diversity Strategic inclusion (recruitment, employment, retention, ERG, supplier diversity, technology, market share) Volunteerism as an emerging best practices that touches marketplace, workforce and community Accommodations as productivity tools & universal design Employee Business (Resource) Groups -PWD & cross pollinating Employee engagement-disability touches everyone Disability awareness & etiquette training
16. Appropriate Language Person with a disability, not handicapped Survivors, not victims Has a diagnosis of, not suffers from Special needs are for children Intellectual disability, not MR Psychiatric impairment, not crazy Wheelchair user, not “-bound”or “confined to” RELAY System (audio and video) replaces TTY Autism spectrum and Asperger’s Invisible disability ASL is person’s primary language (not English) Person of small stature

17. Etiquette Basics

    Person First Language Interactions Individual who is deaf or hard of hearing Interpreter etiquette, write notes, speak slowly in good light Individual who is blind or vision impaired Verbal cues, face of a clock, back of chair Individual with a service animal Don’t talk to, pet or feed Individual with prosthetic hand or arm Shake hands, right or left
18. Etiquette Basics Individual with a mobility impairment Wheelchair user Crutches, cane, walker Individual with a speech impairment Ask to repeat, seek alternatives Allow to finish sentences, never pretend to understand Individual with cognitive impairment Take time to understand each other, extra time to complete sentences Be patient and flexible

19. Reasonable Accommodations

    Amy Dwyre Mid-Atlantic ADA Center
20. Mid-Atlantic ADA Center 1 of 10 Regional Centers Providing: Information Guidance Materials Newsletter/E-Bulletin Training Toll-free phone number: 800-949-4232 V/TTY Website: www.adainfo.org
21. ADA Title I - Employment An employer may not discriminate against an employee on the basis of disability in any aspect of the employment relationship. The activities covered include: Outreach, Application Process, Testing Interviewing, Hiring, Assignments Evaluation, Discipline, Medical Examinations Compensation, Promotion, On-the-Job Training Layoff/Recall, Termination, Leave Benefits of employment e.g., health insurance
22. What is the ADAAA? Americans with Disabilities Act Amendments Act (ADAAA) 2008 Overall purpose -- “To restore the intent and protections of the Americans with Disabilities Act of 1990” Effective January 1, 2009 Regulations effective as of May 24, 2011
23. Definition of Disability An individual with a disability is one who: Hasa physical or mental impairment that substantially limits a major life activity Has a record of having such an impairment Is regarded as having such an impairment Module 3 — Reasonable Accommodation
24. Definition of Disability An individual with a disability is one who has a physical or mental impairment that substantially limits a major life activity. Continued Module 3 — Reasonable Accommodation
25. Definition of Disability ADAAA Need not prevent, or significantly or severely restrict, the performance of a major life activity. Disability “shall be construed in favor of broad coverage” and “should not require extensive analysis” Module 3 — Reasonable Accommodation
26. Major Life Activities These are basic activities that the average person in the general population can perform with little or no difficulty. Caring for Oneself Performing Manual Tasks Walking Seeing Hearing Speaking Breathing Concentrating Learning Working Sitting Standing Lifting Module 3 — Reasonable Accommodation
27. Major Life Activities includes Major Bodily Functions ADAAA Immune system Normal cell growth Digestive Bowel Bladder Brain Circulatory Cardiovascular Neurological Module 3 — Reasonable Accommodation
28. ADAAA Major Bodily Functions Respiratory Endocrine Hemic Lymphatic Musculoskeletal Special sense organs and skin Genitourinary Reproductive functions Continued Module 3 — Reasonable Accommodation
29. Mitigating Measure ADAAA Any device, measure, or medication that reduces the effects of the disability Module 3 — Reasonable Accommodation
30. Mitigating Measures ADAAA Mitigating measures are ignored in determining whether an impairment is substantially limiting. Exception: Ordinary eye glasses and contact lenses Module 3 — Reasonable Accommodation
31. Mitigating measures include, but are not limited to: medication, medical supplies, equipment, or appliances, low-vision devices, prosthetics (including limbs and devices), hearing aids and cochlear implants or other implantable hearing devices, mobility devices, oxygen therapy equipment and supplies use of assistive technology reasonable accommodations learned behavioral or adaptive neurological modifications (e.g., monocular vision, learning disabilities) psychotherapy, behavioral therapy, physical therapy
32. ADAAA Epilepsy Hypertension Multiple sclerosis Asthma Diabetes Major depression Bipolar disorder Schizophrenia Cancer Considered a disability, even in remission, if it would be substantially limiting when active Episodic Disabilities: Module 3 — Reasonable Accommodation
33. Qualified Individual with a Disability A qualified individual with a disability satisfies the requisite skill, experience, education, and other job-related requirements of the position such individual holds or desires to hold, and who: can perform the essential functions of such position with or without a reasonable accommodation Module 3 — Reasonable Accommodation
34. What makes a job task essential? If the position exists to perform the function If there are a limited number of employees among whom the task can be distributed If the function is highly specialized Module 3 — Reasonable Accommodation
35. Evidence of Essential Functions Employer's judgment as to which functions are essential Written job descriptions prepared before advertising or interviewing applicants Amount of time spent performing the function Module 3 — Reasonable Accommodation
36. Evidence of Essential Functions Consequences of not performing the function The terms of a collective bargaining agreement Work experience of past incumbents on the job Current work experience of incumbents in similar jobs Continued Module 3 — Reasonable Accommodation
37. Essential or Marginal? Interacting with Customers Waiter Essential Secretary Making Coffee Marginal Coffee Shop Barista Making Coffee Essential Module 3 - Reasonable Accommodation
38. Essential or Marginal? Continued Trainer Public Speaking Essential Assembly Line Worker Answering Phones Marginal Radio Announcer Typing Marginal Module 3 - Reasonable Accommodation
39. Reasonable Accommodation Any change in the work environment or way things are done that enables a person with a disability to enjoy equal employment opportunity Module 3 — Reasonable Accommodation
40. Scope of Reasonable Accommodation: Modification to the job application process Modification to the work environment or the manner in which the position held is customarily performed Modification that enables an employee with a disability to enjoy equal benefits and privileges of employment Module 3 — Reasonable Accommodation
41. Accommodations are dependent upon: The specific requirements of the job The particular need(s) of the employee or applicant The extent to which modifications or aids are available without causing an undue hardship on the employing organization Module 3 — Reasonable Accommodation
42. Examples of Reasonable Accommodation: Making existing facilities used by employees readily accessible and usable by individuals with disabilities Job restructuring Part-time or modified work schedules Module 3 — Reasonable Accommodation
43. Examples of Reasonable Accommodation: Adjustment or modifications of examinations, training materials, or policies Providing qualified readers or interpreters Reassignment to vacant positions Continued Module 3 — Reasonable Accommodation
44. Brainstorm Accommodations College Professor Office Clerk Attorney Waitress Nurse HR Manager Anxiety Disorder Deaf Learning Disability Fibromyalgia Immune System Disorder Blind Module 3 - Reasonable Accommodation
45. Average Cost of Accommodations 56% of all accommodations have no cost 36% require only a one-time cost, typically about $600 5% require both a one-time cost and an ongoing or annual cost Source: Job Accommodation Network Survey1 Module 3 — Reasonable Accommodation
46. The Job Accommodation Network (JAN) is: An information and consultation service providing individualized accommodation solutions. JAN’s purpose is to make it possible for employers and others to share information about job accommodations. http://askjan.org (800)526-7234 (Voice)  (877)781-9403 (TTY) Module 3 — Reasonable Accommodation
47. Determining Reasonable Accommodation Determine the essential functions of the job Consult with the employee to determine his or her abilities and specific needs Identify potential accommodations in consultation with the individual If two or more possible accommodations exist, consider the preference of the individual, and then select the method that best serves both the individual and the business Module 3 — Reasonable Accommodation
48. Undue Hardship Significant difficulty or expense Module 3 — Reasonable Accommodation
49. Examples of Accommodations that are NOT Reasonable Placing an applicant with a disability in a job for which he/she did not specifically apply Maintaining the salary of an employee reassigned from a higher-paying job to a lower-paying job, if the employer does not do so for other employees Changing an employee’s supervisor Changing staff who report to a supervisor who has a disability Module 3 — Reasonable Accommodation
50. Examples of Accommodations that are NOT Reasonable Eliminating essential functions of the job Lowering production standards Providing personal use items (e.g. prosthetic limb, eyeglasses, hearing aids, wheelchair, hot pot or refrigerator) Creating a job Promoting an employee Bumping another employee from his/her job Continued Module 3 — Reasonable Accommodation
51. Elements of the Accommodation Process Communicate Communicate Communicate Communicate the decision to the employee Document the result of the process
52. The Interactive Process Look at particular job and determine essential functions Look at employee’s prior history Consult with employee Abilities and limitations Effectiveness of potential accommodations
53. The Interactive Process Consult with 3rd parties (advocates, medical professional, rehabilitation professionals, consultants) Consider the preference of the employee Select the accommodation that best addresses needs of the employee and the employer
54. Disability Disclosure: What Employers Should Know Results of a survey by the Employment and Disability Institute (EDI) at Cornell University and the American Association of People with Disabilities (AAPD) Sarah von Schrader, Ph.D. Meeting of the DC Metro Business Leadership Network, May 2, 2012 Research conducted under the Rehabilitation Research and Training Center on Employment Policy for Persons with Disabilities at Cornell University funded by the U.S. Department of Education National Institute on Disability and Rehabilitation (NIDRR) Research (Grant No. H133B040013). Support for presentation provided by The Rehabilitation Research and Training Center on Employer Practices Related to Employment Outcomes Among Individuals with Disabilities at Cornell University funded by the U.S. Department of Education, National Institute on Disability and Rehabilitation Research (Grant No. H133B100017) The contents of this presentation do not necessarily represent the policy of the Department of Education or any other federal agency, and you should not assume endorsement by the Federal Government (Edgar, 75.620 (b)). The views presented are not necessarily endorsed by Cornell University or the NIDRR. www.edi.cornell.edu
55. Presentation Overview Why understanding disability disclosure issues is important for employers Perspectives of individuals with disabilities on disclosure Implications for employers: improving workplace culture and inclusion Emerging Employment Issues for People with Disabilities: Disability Disclosure, Leave as a Reasonable Accommodation, Use of Job Applicant Screeners by Sarah von Schrader, Valerie Malzer, William Erickson, Susanne Bruyère. http://digitalcommons.ilr.cornell.edu/edicollect/1288
56. Importance of Disclosure Issue for Employers: Increase awareness of where accommodations may improve employee productivity Indicator of employee comfort level with sharing personal information Improved measures of workforce diversity representation Federal Executive Order 13548 -- Increasing Federal Employment of Individuals with Disabilities Proposed Rule to revise Section 503 of the Rehabilitation Act Emerging Employment Issues for People with Disabilities: Disability Disclosure, Leave as a Reasonable Accommodation, Use of Job Applicant Screeners by Sarah von Schrader, Valerie Malzer, William Erickson, Susanne Bruyère. http://digitalcommons.ilr.cornell.edu/edicollect/1288
57. “Very important” factors, when deciding to disclose a disability to an employer Emerging Employment Issues for People with Disabilities: Disability Disclosure, Leave as a Reasonable Accommodation, Use of Job Applicant Screeners by Sarah von Schrader, Valerie Malzer, William Erickson, Susanne Bruyère. http://digitalcommons.ilr.cornell.edu/edicollect/1288
58. “Very important” factors when deciding to NOT disclose a disability to an employer Emerging Employment Issues for People with Disabilities: Disability Disclosure, Leave as a Reasonable Accommodation, Use of Job Applicant Screeners by Sarah von Schrader, Valerie Malzer, William Erickson, Susanne Bruyère. http://digitalcommons.ilr.cornell.edu/edicollect/1288
59. Deciding to Disclose in the Future Most respondents disclosed their disability to their current or most recent employer. Among individuals who had a non-apparent or somewhat apparent disability 10% had a negative immediate consequence 25% experienced a negative longer term consequence. Open-ended question: “If presented with a similar situation in the future, would you disclose? Please explain” Emerging Employment Issues for People with Disabilities: Disability Disclosure, Leave as a Reasonable Accommodation, Use of Job Applicant Screeners by Sarah von Schrader, Valerie Malzer, William Erickson, Susanne Bruyère. http://digitalcommons.ilr.cornell.edu/edicollect/1288
60. Themes that we found in responses 1. Timing of Disclosure 2. Supportive Workplaces 3. “Disability is Part of Who I Am” Gauging Employer Acceptance Desire for Honesty Educating Others 4. Not Being Hired Or Being Fired 5. Workplace Harassment and Bullying 6. Losing Promotion Opportunities
61. 1. Timing of Disclosure Many respondents reported that they preferred to wait until hired to disclose “I waited until after being offered the position to disclose” “I tended to let employers see my work before letting them know that I am hard of hearing.” “I waited until after being offered the position to disclose. I was hired for my extensive abilities, not my disabilities.” Emerging Employment Issues for People with Disabilities: Disability Disclosure, Leave as a Reasonable Accommodation, Use of Job Applicant Screeners by Sarah von Schrader, Valerie Malzer, William Erickson, Susanne Bruyère. http://digitalcommons.ilr.cornell.edu/edicollect/1288
62. 2. Supportive Workplaces Supervisor and workplace climate were critical “My boss respected me and understood the difficulties I have.” “I would only disclose if there was clear evidence of being supportive of the disabled across the board at all levels.” “I would be wary of disclosing until I saw how the employer actually treated employees with mental health issues, not just their stated policy.” Emerging Employment Issues for People with Disabilities: Disability Disclosure, Leave as a Reasonable Accommodation, Use of Job Applicant Screeners by Sarah von Schrader, Valerie Malzer, William Erickson, Susanne Bruyère. http://digitalcommons.ilr.cornell.edu/edicollect/1288
63. 3. “Disability is part of who I am” Gauging Employer Acceptance “I prefer to disclose my disability, then I would be able to detect any body languages, reactions, or type of vibe by the interviewers or supervisors. It gave me the idea of what kind of environment that I would be risking myself if I got hired…” Desire for Honesty “It is certainly less stressful to have it out in the open than to be concerned about having to hide it and not wanting anyone to find out.” Educating Others “Disclosing allows me to serve as an example of successful employment and promotions.” Emerging Employment Issues for People with Disabilities: Disability Disclosure, Leave as a Reasonable Accommodation, Use of Job Applicant Screeners by Sarah von Schrader, Valerie Malzer, William Erickson, Susanne Bruyère. http://digitalcommons.ilr.cornell.edu/edicollect/1288
64. 4. Not Being Hired Or Being Fired “Company policies are worthless if discriminatory behaviors are not curbed and the disabled are seen as too unreliable and costly. There is enormous ignorance and fear … by non-disabled coworkers, so denial and avoidance is rampant. Disability is still being treated like acute disease. Until this changes, there is still too high a risk of losing one's job if you disclose.” Emerging Employment Issues for People with Disabilities: Disability Disclosure, Leave as a Reasonable Accommodation, Use of Job Applicant Screeners by Sarah von Schrader, Valerie Malzer, William Erickson, Susanne Bruyère. http://digitalcommons.ilr.cornell.edu/edicollect/1288
65. 5. Workplace Harassment and Bullying “[Disclosure] makes it harder to get fair and equal treatment in the workplace and results in being bullied, either by coworkers or by employers.” “In the beginning [my employer] was supportive but as the years went on I was bullied, harassed, belittled, written up and eventually fired.” Emerging Employment Issues for People with Disabilities: Disability Disclosure, Leave as a Reasonable Accommodation, Use of Job Applicant Screeners by Sarah von Schrader, Valerie Malzer, William Erickson, Susanne Bruyère. http://digitalcommons.ilr.cornell.edu/edicollect/1288
66. 6. Losing Promotion Opportunities “I was marginalized and alienated from the agency's mainstream development. I was deprived promotion and treated as levity by both supervisors and employees.” “Once you disclose your disability it can affect your long term promotions. The employer will always be aware of this no matter how hard you work.” Emerging Employment Issues for People with Disabilities: Disability Disclosure, Leave as a Reasonable Accommodation, Use of Job Applicant Screeners by Sarah von Schrader, Valerie Malzer, William Erickson, Susanne Bruyère. http://digitalcommons.ilr.cornell.edu/edicollect/1288
67. Conclusions and Implications Important for employers to understand issues around disability disclosure Employers play an important role in creating an environment where individuals are comfortable disclosing Emerging Employment Issues for People with Disabilities: Disability Disclosure, Leave as a Reasonable Accommodation, Use of Job Applicant Screeners by Sarah von Schrader, Valerie Malzer, William Erickson, Susanne Bruyère. http://digitalcommons.ilr.cornell.edu/edicollect/1288
68. Creating an Environment that Encourages Disclosure Demonstrate disability inclusiveness through: Actively recruiting people with disabilities Conducting disability awareness training for staff Enacting flexible workplace policies Having fair systems to address complaints Creating accessible workplaces Fostering supportive supervisor-staff relationships Including disability in the diversity statement Emerging Employment Issues for People with Disabilities: Disability Disclosure, Leave as a Reasonable Accommodation, Use of Job Applicant Screeners by Sarah von Schrader, Valerie Malzer, William Erickson, Susanne Bruyère. http://digitalcommons.ilr.cornell.edu/edicollect/1288
69. Creating an Environment that Encourages Disclosure Avoid: Focusing on disability Treating employees with disabilities differently in relation to: Interpersonal interactions Opportunities for advancement Performance reviews Hiring/termination Emerging Employment Issues for People with Disabilities: Disability Disclosure, Leave as a Reasonable Accommodation, Use of Job Applicant Screeners by Sarah von Schrader, Valerie Malzer, William Erickson, Susanne Bruyère. http://digitalcommons.ilr.cornell.edu/edicollect/1288

70. Access to Full Text of the Report

    Emerging Employment Issues for People with Disabilities: http://digitalcommons.ilr.cornell.edu/edicollect/1288 Further information: Sarah von Schrader, Cornell University, sv282@cornell.edu Emerging Employment Issues for People with Disabilities: Disability Disclosure, Leave as a Reasonable Accommodation, Use of Job Applicant Screeners by Sarah von Schrader, Valerie Malzer, William Erickson, Susanne Bruyère. http://digitalcommons.ilr.cornell.edu/edicollect/1288

71. Resources

    Speakers National Organization on Disability (nod.org) DC Metro Business Leadership Network (dcmetrobln.org) C5 Consulting LLC (consultc5.com) Mid-Atlantic ADA Center (adainfo@transcen.org) Employment and Disability Institute (EDI) – (ilr.cornell/edi) Other Resources US Department of Labor Office of Disability Employment Policy (usdol.gov/odep) Job Accommodations Network (JAN) (askjan.org) USBLN® usbln.org Employer Resource and Assistance Network (EARN) -- askearn.org National ADA Network Centers – adata.org

72. Resources

    Other Resources Disability & HR:Tips for Human Resource (HR) Professionals (hrtips.org) Accessible Tech: For Accessible Technology in the Workplace (accessibletech.org) Equal Employment Opportunity Commission (eeoc.gov)
73. Q&AOFCCP Discussion Handout Discussion Evaluation THANK YOU!