Disability 101 Training

1. Disability 101 Training LAURA TRONGE Department of Commerce Senior Disability Policy Advisor 202-482-8187

2. Film

3. Rehabilitation Act of 1973 • Signed in 1973 • Applies to all Federal Agencies • Prohibits discrimination against people with disabilities in recruitment, discipline, benefits etc. • Prohibits harassment and retaliation • Applies legal standards of ADA • “The Federal government shall become a model employer of individuals with disabilities. Agencies shall give full consideration to the hiring, placement, and advancement of qualified individuals with mental and physical disabilities.”

4. Targeted Disabilities • Deafness • Blindness • Partial Paralysis • Total Paralysis • Missing Limbs • Distortion of Limbs or Spine • Mental Illness • Mental Retardation • Convulsive Disorders Professional photo by LoBiondo Photographic. http://www.enader.com/

5. People with Targeted Disabilities MD 715 requires agencies to: • Focus on the employment, promotion, and retention of people with targeted disabilities (PWTD). • Develop goals for the hiring of PTWDs. • Department of Commerce goal is 0.9% PWTD by 2011.

6. Rehabilitation Act of 1973 Has three sections that apply to Commerce: Section 501 Section 504 Section 508

7. Section 501 Prohibits discrimination based on disability. Requires agencies to provide reasonable accommodations. Requires agencies to create an Affirmative Action Plan for employment of people with disabilities. • Commerce goal – 0.9% . • Commerce goal 25 PWTD per year. • Workforce Recruitment Program • National Technical Institute for the Deaf • Gallaudet University • Disability Career Centers at Universities/ Colleges

8. Disability Related Questions Pre Offer- Cannot ask Post Offer- Can ask Current Employees- ask if job related and consistent with business necessity.

9. Section 504 A recipient of federal funding may not deny persons with disabilities the opportunity to participate in or benefit from the aid, benefit, or service of any program or activity receiving federal funding. Translation: As a federally funded agency, Department of Commerce must make all services, programs, and activities accessible to employees and citizens with disabilities.

10. Section 508 Requires that Federal agencies electronic and information technology is accessible to people with disabilities, including employees and members of the public. Translation: Computer programs, web pages, handouts, videos, broadcasts, copy machines, and any other technology must be accessible. When Federal agencies develop, procure maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. (36 C.F.R. 1194.1)

11. Electronic Accessibility • Applies to all Federal Agencies • Must ensure that technology is accessible to employees and members of the public with disabilities to the extent that no “undue burden” exists • Access board establishes standards www.access-board.gov/sec508/assessment.htm

12. Americans with Disabilities Act Amendments Act 2008 (ADAAA) RATIONALE FOR AMENDMENT • In favor of broad coverage to maximize inclusion and entitlement. • Standards also apply under the Rehabilitation Act. • Does not demand extensive analysis of whether or not a person is a person with a disability. • Focus on the need for an accommodation rather than if the person is covered by the law.

13. Disabled Individual An individual who: • “has a physical or mental impairment that substantially limits one or more of that person’s major life activities”; • “has a record of such an impairment”; • “is regarded as having such an impairment”

14. Impairment Physiological Disorder or Condition Cosmetic Disfigurement Anatomical loss affecting body system Mental or Psychological Disorder Specific Learning Disorder Depression

15. Significant Limitations Unable to perform the major life activity or significantly restricted • Consider Nature • Consider Severity • Consider Duration

16. Major Life Activity Basic activity that the average person in the general population can perform with little or no difficulty • Caring for one’s self • Performing manual tasks • Walking, talking, seeing, hearing, speaking, sleeping, standing, working, lifting, bending, breathing, speaking, learning, concentrating, thinking, major bodily functions, etc.

17. Major Bodily Functions • Functions of the Immune System • Normal Cell Growth • Digestive • Bowel • Bladder • Neurological • Brain • Respiratory • Circulatory • Endocrine • Reproductive Functions

18. Examples of Impairments Consistently Meet the Definition of Disability Examples: Deafness, blindness, intellectual disability, partially or completely missing limbs, mobility impairments requiring use of a wheelchair, autism, cancer, cerebral palsy, diabetes, epilepsy, HIV/AIDS, multiple sclerosis, muscular dystrophy, major depression, bipolar disorder, post-traumatic stress disorder, obsessive-compulsive disorder, and schizophrenia.

19. Qualified Individual An individual who: • Satisfies the requisite skills, experiences, education and other job related requirements of the employment position and • Can perform the essential job functions of the positions with or without a reasonable accommodation

20. Reasonable Accommodations Federal Agencies are required to make reasonable accommodation to the known physical and mental limitations of an otherwise qualified individual with a disability unless the agency can show that accommodation would cause undue hardship or be a direct threat.

21. Undue Hardship • Nature of the Accommodation • Net Cost • Resources of the employer (agency) • Impact on employer’s operation Consider:

22. Direct Threat Significant risk of substantial harm that cannot be eliminated or reduced by accommodation Based on medical knowledge or Based on best available objective Consider: Duration of risk Nature and Severity of harm Likelihood of harm occurring Imminence of potential harm

23. Reasonable Accommodations • A request for accommodation often stems from a desire to improve performance or productivity. • Department of Commerce must track the processing of each request. • Department of Commerce must report our average time from request to provision of accommodation. • Ignoring an accommodation request is the same as denying a request, per the EEOC.

24. Interactive Process • Request triggers process • Begin dialog to request specifics including; • Specific requirements. i.e. type of software, type of device. • How accommodation will enable individual to perform the essential functions of the position. • Medical Documentation.

25. Essential Functions Consider: • Purpose and result vs. method of performing. • Actually required to perform. • Consequences on job of removing function. • Percentage of time the job function is performed. • Consequence of not requiring the job function. • Job Descriptions. • Specialized skills need to perform the job function.

26. GINA – Genetic Information Nondiscrimination Act of 2008 • Effective November 21, 2009 • Definition: • Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about any disease, disorder, or condition of an individual’s family members (i.e. an individual’s family medical history). Family medical history is included in the definition of genetic information because it is often used to determine whether someone has an increased risk of getting a disease, disorder, or condition in the future.

27. GINA – Genetic Information Nondiscrimination Act of 2008 • Discrimination, Harassment or Retaliation Because of Genetic Information Discrimination • any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment. • Exceptions • Inadvertant questions • FMLA – questions and process • Public documents

28. Emergency Preparedness “No otherwise qualified individual with a disability in the U.S. solely by reason of his or her disability shall be excluded from the participation, or denied the benefits of any program or activity conducted by any Executive Agency.”

29. Program Rules for Success • Involve PWD in process • Inform Facilities of particular issues • Identify area of rescue assistance • Do not rely on Buddy System • Utilize evacuation chairs • Plan for communication • Practice, Practice, Practice

30. Computer/ Electronic Accommodations Program • Also known an CAP • OSD Office • Established in 1990 • Mission “provide assistive technology and accommodations to ensure people with disabilities have equal access…” • FY90 – FY10= 91,018 Accommodations

31. CAP Process • Needs assessment • Identify solution • Submit request (supervisor notified) • Purchase technology (supervisor notified) • Notify IT representative Contact CAP 703-681-8813 www.tricare.osd.mil/cap

32. Job Accommodation Network • Also known as JAN • Free advice to managers/ employees • Conduct trainings and briefings Contact JAN 800- 526-7234 www.jan.wvu.edu

33. Workforce Recruitment Program • Also known an WRP • Department of Labor- Coordinator • Computer Electronic/ Applications Program (CAP)- Provides Electronic Accommodations at no cost to the Agency/ Activity

34. Timeline Managers/Supervisors interview students for summer intern positions Recruitment Visits to schools 30 minute interviews conducted Volunteer recruiters visit approximately 250 Colleges and Universities DoL sends employers data base composed of student information • Database is active = March to March • Can offer permanent positions • Utilize Schedule A appointment authority

35. Challenges • Housing- non-availability • Transportation- non-availability • Process- Logistically arduous • Timeliness- Fierce competition among Agencies, hiring/funding process

36. Advantages • 14 weeks of labor • Can convert intern to permanent if qualifies for Schedule A without competition • Ability to mentor and groom an individual for the professional workplace

37. Schedule A Hiring Authority Step 1: When managers have an open position, make contact with the Human Resource Department; Step 2: Discuss with the Human Resources what competencies the ideal candidate should posses, thinking critically about the essential functions of the position; Step 3: Get candidates – Human Resource will be able to produce potential candidates. The number of applicants available will vary greatly, depending on the level of specialty required by the job. Step 4: Make a selection – The hiring official can now review the resumes and references of qualified, Schedule A eligible applicants, and make a selection! Step 5: Make an offer – Relay selection to appropriate persons within HR who issue offers on behalf of agency. Step 6: Once an offer has been accepted, a start date may be established to bring the candidate on board.

38. Initiatives • Disability Awareness and Training • Workforce Recruitment Program • College Recruitment • Reasonable Accommodations Coordinators (RAC) Committee • Schedule A Hiring Authority

39. RAC Contact Information O/S – Ursula Snead (202)-482-3860 Census – Randy Murbach (301)-763-6473 NOAA – Linda Tarlow (301) 713-6352 NIST – Kristen Gilbert (301)-975-3001 PTO – Caitlin Riley (571) 272-7012

40. Contact Information Department of Commerce Laura Tronge Senior Disability Policy Advisor Office of Civil Rights Ltronge@doc.gov (202) 482-8187 (V) (202) 821-5903 (BB)