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Employment

Employment. Jessica Anderson and Eric Strebeck Group 4. ADA: Title 1 - Employment. Employers of 15 or more employees must provide an equal opportunity for employment

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Employment

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  1. Employment Jessica Anderson and Eric Strebeck Group 4

  2. ADA: Title 1 - Employment • Employers of 15 or more employees must provide an equal opportunity for employment • “No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment”. • ADA, Public Law 101-336, Section 102 (a)

  3. Accommodations • includesnot making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose undue hardship on the operation of the business. • ADA, Public Law 101-336, Section 102 (b)(5)(A)

  4. Accommodations cont… • If the employee’s disability prevents performing essential functions of the job prior to the use of accommodations then the employee must disclose their disability to the employer. • In the event that accommodations are provided by the employer and the employee is still unable to fulfill essential job functions then he/she is considered an unqualified applicant.

  5. A Scenario… • You are an individual with Dyslexia and are in search of a job. • Through previous experiences you have demonstrated a talent for sales. • Currently the sales positions that are available in your area are telemarketing positions. • You also have previous telemarketing experience. • However, the employer provides you with this handout to read aloud during the interview process.

  6. Scenario cont… • We need a volunteer to read the passage.

  7. EEOC • In order to ensure equal opportunity the government created the EEOC (Equal Employment Opportunity Commission). • The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. About the EEOC: Overview. (n.d.). US EEOC Home Page. Retrieved March 03, 2011, from http://www.eeoc.gov/eeoc/index.cfm

  8. More about the EEOC • The EEOC has the authority to investigate charges of discrimination against employers who are covered by the law. • The EEOC works to prevent discrimination before it occurs through outreach, education and technical assistance programs. • The EEOC provides leadership and guidance to federal agencies on all aspects of the federal government's equal employment opportunity program. About the EEOC: Overview. (n.d.). US EEOC Home Page. Retrieved March 03, 2011, from http://www.eeoc.gov/eeoc/index.cfm

  9. The Scenario (aftermath) • You are currently in the process of filing a complaint under Title 1 with the EEOC due to the lack of willingness to accommodate for your specific disability. • In the meantime you are still applying for other jobs with little success due to the recession, and trying to provide for your family. • How do you feel right about now? • Class discussion • How would this situation affect your performance at your next interview? • Self confidence / self esteem

  10. Employment in a Social Model World • Employers are willing to provide reasonable accommodations without being legally asked to such as: • Accessible formats for information • Outline/detail of job duties • Employers would naturally see opportunities where a disability could actually be an advantage.

  11. WiSe • The Washington Initiative for Supported Employment is a private, non-profit organization dedicated to expanding employment opportunities for people with developmental disabilities. • Supported employment is a unique employment service for people with disabilities who have support services in the competitive workforce to enhance your workplace. • Employers Benefit from Supported Employment • Qualified Pre-Screened Employees • On-the-job training resources                     • No-cost job placement services • Operations analysis • Post-employment follow-up • Technical assistance on workplace accommodations WiSe. (n.d.). Retrieved March 03, 2011, from http://www.theinitiative.ws/

  12. More on Supported Employment • Individuals are matched to jobs based on their personal dreams and desires, while employers get the ongoing assistance they need to support people in their jobs. Support may include: • Training Supervision • Transportation • Communication assistance • Mobility assistance • Other activities WiSe. (n.d.). Retrieved March 03, 2011, from http://www.theinitiative.ws/ • Short Video by WiSe on how some employers with disabilities feel about their employees • http://www.youtube.com/watch?v=iUCYjxMO_e8

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