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Americans with Disabilities Act

Americans with Disabilities Act. Developing a Successful Reasonable Accommodation Process Part II Southwest ADA Center Webinar January 26, 2011 2:00 – 3:30 p.m. Central Time Julie Ballinger

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Americans with Disabilities Act

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  1. Americans with Disabilities Act Developing a Successful Reasonable Accommodation Process Part II Southwest ADA Center Webinar January 26, 2011 2:00 – 3:30 p.m. Central Time Julie Ballinger Disability Rights and Issues Consultant StarReach Enterprises 505.797.8612 julieb4@flash.net The information herein is intended solely as informal guidance and is neither a determination of your legal rights or responsibilities under the Act, nor binding on any agency with enforcement responsibility under the ADA. Julie Ballinger, StarReach Enterprises Presenter

  2. Americans with Disabilities Act Developing a Successful Reasonable Accommodation Process Part II Southwest ADA Center Webinar January 26, 2011 2:00 – 3:30 p.m. Central Time Julie Ballinger Disability Rights and Issues Consultant StarReach Enterprises 505.797.8612 julieb4@flash.net The information herein is intended solely as informal guidance and is neither a determination of your legal rights or responsibilities under the Act, nor binding on any agency with enforcement responsibility under the ADA. Julie Ballinger, StarReach Enterprises Presenter

  3. The Leading Resource On ADA & ADAAA Other disability related laws such as IDEA Making information technology accessible Services a wide range of audiencesincluding employers businesses government agencies WIA Workforce System schools people with disabilities Expert staff are available to provide training, publicationsand respond to your inquiries. Hot Line:1-800-949-4232 Web Site:www.southwestADA.org Podcast:www.DisabilityLawLowdown.com The ADA Resource! Julie Ballinger, StarReach Enterprises Presenter

  4. The ADA “This Act is powerful in its simplicity. It will ensure that people with disabilities are given the basic guarantees for which they have worked so hard: independence, freedom of choice, control of their lives, and the opportunity to blend fully and equally into the rich mosaic of the American mainstream.” President George Bush at the Signing of the American with Disabilities Act of 1990 Julie Ballinger, StarReach Enterprises Presenter

  5. Developing a Successful Reasonable Accommodation ProcessSouthwest ADA Center WebinarWhat we covered in Part I We covered last week (Jan. 19): • Covered Entities - Public vs. private employer requirements • Brief overview of who is covered now (ADAAA) • A sociological perspective on reasonable accommodations • Getting to the workplace accommodations process – determining if an ADA reasonable accommodations issue exists • Enacting the reasonable accommodations process • What satisfies the reasonable accommodations requirements? • Direct threat and reasonable accommodations • What is unreasonable? • Undue hardship • Part II webcast preview Julie Ballinger, StarReach Enterprises Presenter

  6. Developing a Successful Reasonable Accommodation ProcessSouthwest ADA Center WebinarPart II We will be covering today: • Best practices and successful reasonable accommodations process tips • Types of accommodations • including the not so obvious • Policy and procedure models • Small Business Model Reasonable Accommodation Policy • Title II Procedures Model Reasonable Accommodation Policy • (State and Local Government) • Reasonable accommodations resources Julie Ballinger, StarReach Enterprises Presenter

  7. Successful RA Process Tips! • Securing support from the top - including high level administrators. • Compliance efforts must be system-wide, centralized, concerted and coordinated • authority needs to be centralized to ensure consistent application of programs, policies and procedures. • Appoint a Task Force • While not required by the ADA or 504 it may be wise to appoint an organization-wide Task Force. • Utilize the expertise, ideas and input from staff at all levels plus research ADA resources.  • Invite individuals with disabilities, and external customers as “consultants” to the group.  • Employees will then have an internal, informal access point rather than starting their complaint process outside the organization with legal counsel or other third parties. Julie Ballinger, StarReach Enterprises Presenter

  8. Review policies, procedures, and forms Review application forms and recruiting & hiring practices include qualification standards & selection criteria, upgrading, promotion, demotion, transfer, layoff, termination and rehiring procedures.  Interviewers need to know what they can and can’t ask AND when they can and can’t ask disability-related questions. Review record keeping requirements and the need for confidentiality of information obtained during medical examinations. Assess Benefits programs medical, hospital, accident, life insurance, & retirement programs Workers compensation, FMLA and return to work programs. Recreation, education and employer sponsored social activities must be accessible. Conduct technology and physical audits of the workplace Lunchrooms, lounges, bathrooms, and parking must be accessible to all employees. Information technology, including the web, software and hardware should be accessible as well. Julie Ballinger, StarReach Enterprises Presenter

  9. Review job descriptions Section 504 nor the ADA require written job descriptions.  But most of the literature suggests that properly prepared job descriptions are critical in complying with the regulations.  Job descriptions can be a valuable tool in the recruitment, selection, hiring, and accommodation assessments needed for successful programs.  Job descriptions are a road map for supervisors, interviewers, even applicants and employees throughout the employment process. Develop a process for making accommodations and determining undue hardship The process must be on a case-by-case basis but within a structured system for making assessments. Employment decisions must be based on the abilities of individual applicants or employees, and not on presumptions about what individuals with disabilities can or cannot do. Develop training programs and manuals Training is key - at all levels of the organization. All employees should be trained: interviewers, hiring supervisors, administrators, co-workers. Often the greatest barrier to implementing successful disability employment practices is the attitudes of co-workers. All employees should be part of the solution in ensuring equal access. Julie Ballinger, StarReach Enterprises Presenter

  10. Develop and implement a comprehensive communication program It’s not enough to have policies available in a handbook. Communication vehicles need to be multi-faceted.  Develop evaluation and monitoring tools Document everything you do to demonstrate that you are making good faith efforts toward compliance. what accommodations have been made for whom what attempts were made to make accommodations, including what resources were accessed in those attempts.  Include a system for indicating when accommodations were not made because of undue hardship for monitoring accommodations made Accessibility increases the ability of the organization to attract qualified applicants equals agilitycreating a creative (not expensive) flexible employer who will attract the best potential employees Julie Ballinger, StarReach Enterprises Presenter

  11. Types of Accommodations • Information Technology (conduct web, software, hardware audits) • Assistive Technology • Modifications to work stations (conduct architectural audits) • Modifications to schedule • Telecommuting • Structural changes within leased space • Structural changes to building during renovations • Promoting an employee into a vacant job Julie Ballinger, StarReach Enterprises Presenter

  12. Examples of RA for Involving Communication Tactile markings on equipment in Braille or raised print, Talking calculators, Speaker phones, Telecommunication Devices for the Deaf, Telephone amplifiers, Removing communication barriers such as putting up Braille signage or flashing fire alarms Qualified readers or qualified sign language interpreters, Examinations, training materials or policies in Braille, large print, audio tape, etc., Software for standard computers and other equipment that can enlarge print or convert print documents to spoken words (screen readers), Julie Ballinger, StarReach Enterprises Presenter

  13. Assistive Technology • Mechanical Page Turners • Modifying Computer Keyboards • Ergonomic Seating Considerations • Headsets • Negative Tilted Keyboard and Mouse • Adjustable Desks • Sip/Puff Switch / Foot Switch Julie Ballinger, StarReach Enterprises Presenter

  14. Modifications to Work Stations • Furniture • Office layout • Equipment adaptations Julie Ballinger, StarReach Enterprises Presenter

  15. Modifications to Schedule / Telecommuting • Flexible scheduling • Delayed start time • Telecommuting can be an option for employees as a reasonable accommodation or means to keep valued employees. Julie Ballinger, StarReach Enterprises Presenter

  16. Structural Changes within Leased or Owned Space • Bathroom modifications • Door openers • Signage • Accessible stalls • Rearrange furniture in employee kitchen • Keep reception area furniture out of main path of travel • When carpeting needed to be replaced, low pile need to be priority • Some offices reconfigured for greater accessibility Julie Ballinger, StarReach Enterprises Presenter

  17. Structural Changes to Building During Renovations • Main level parking lot modifications • Main level door opener • Main level curb cuts • Ramp to doors • Door openers • Marking accessible parking spaces • Signage on elevators • Bathroom modifications Julie Ballinger, StarReach Enterprises Presenter

  18. Steps to Workspace Accommodations • Discuss accommodation needs with employee/s. • Ask for suggestions for solutions. • Research options. • Make sure solution doesn’t pose obstacle for another employee! Julie Ballinger, StarReach Enterprises Presenter

  19. Steps to Office Modifications • Invite employees to notify you of hard to use or inoperable elements of your facility- Create an Environment that invites this. • Ask for suggested solutions. • Research options. • Make necessary modifications – can be useful for all employees! Julie Ballinger, StarReach Enterprises Presenter

  20. Steps to Building Modifications • Discuss needs for accessible features with building owners/managers-may have to “stay” on them to do modifications! • Provide written information on ADAAG, state or local codes to landlord. • Provide referrals for technical assistance if necessary. • Follow-up. • Remind Leasers Access benefits ALL tenants! Julie Ballinger, StarReach Enterprises Presenter

  21. Development of Evacuation Plan • Like many accommodations, evacuation plans are for everyone! • Invite employees with/without disabilities to discuss evacuation strategies/needs-what do they want to do to get down the stairs? • Meet with fire marshal to determine average response times and their on-site protocol. • A safe room that Fire marshals know about? • Meet with staff or committee to devise evacuation plan. • If necessary, purchase evacuation chair. • Provide staff training on evacuation procedures. • Fire box that has all your important info? Julie Ballinger, StarReach Enterprises Presenter

  22. Reasonable Accommodation Policy and Procedure Ingredients • Clearly state the employer complies with the ADA • Definition of disability • Definition of reasonable accommodation • Accommodation process • Training • Who is responsible for what (job candidates, employee, supervisors, HR, etc) • How the process is communicated to applicants and employees • How the request needs to be made • Responding to the request • Monitoring the effectiveness of the accommodation given • Accommodation rejection • Appeal process • Documentation of the process Julie Ballinger, StarReach Enterprises Presenter

  23. Policy and Procedure Models • Small Business Model Reasonable Accommodation Policy • Title II Procedures Model Reasonable Accommodation Policy • (State and Local Government) • http://ilru.org/html/training/webcasts/handouts/2011/01-19-DBTAC/index.html Julie Ballinger, StarReach Enterprises Presenter

  24. RESOURCES Julie Ballinger, StarReach Enterprises Presenter

  25. ADA Case Law Database • The ADA Case Law Database is a comprehensive search tool that provides information pertaining to significant rulings under the Employment (Title I), Local and State Government (Title II) and Places of Public Accommodations (Title III) provisions of the Americans with Disabilities Act (ADA). • The database is a unique research tool specially designed to search by a variety of variables including but not limited to disability type, discrimination issue, jurisdiction and remedy. • http://www.adacaselaw.org/ Julie Ballinger, StarReach Enterprises Presenter

  26. Cornell University Employment and Disability Institute (EDI) • Since 1968, researchers and practitioners at the Cornell ILR School with expertise in disability have helped companies, labor organizations, government agencies, schools, and communities throughout the United States and abroad to accommodate and integrate individuals with disabilities. • The EDI team consults with policy makers, disability advocates, and rehabilitation program professionals. • EDI provides technical assistance, training, and research in the following topic areas: • ADA, Accommodation & Accessible IT, Community Inclusion, Disability Benefits and Work, Disability Employment Research, Disability Statistics Research, Educational Achievement & Transition, International Disability Research, and Workforce Development • http://www.ilr.cornell.edu/edi/ • 607-255-7727 (VOICE) • 607-255-2891 (TDD) Julie Ballinger, StarReach Enterprises Presenter

  27. US Department of Labor’s Office of Disability Employment Policy • ODEP is an extensive and rich source on employment and disability. • www.dol.gov/odep • 1-866-487-2365 (VOICE) • 1-877-889-5627 (TDD) Julie Ballinger, StarReach Enterprises Presenter

  28. Job Accommodation Network 800-526-7234 (V/TTY) Leading Resource On • Guidance on workplace accommodations and disability employment issues • Providing most comprehensive job accommodation resource available • Services a wide range of audiences including • employers • businesses • government agencies • WIA Workforce System • schools • people with disabilities • Expert Staff are available to help people with disabilities enhance their employability, and to show employers how to capitalize on the value and talent that people with disabilities add to the workplace. • www.jan.wvu.edu Julie Ballinger, StarReach Enterprises Presenter

  29. Equal Employment Opportunity Commission • The EEOC provides access to Federal employment laws and regulations. The EEOC has publications on the Americans with Disabilities Act which include their policy guidance on various portions of the Act, fact sheets, Q&As, best practices, and other information. • www.eeoc.gov • www.eeoc.gov/laws/types/disability.cfm • 1-800-669-6820 (TTD) Julie Ballinger, StarReach Enterprises Presenter

  30. The Leading Resource On ADA & ADAAA Other disability related laws such as IDEA Making information technology accessible Services a wide range of audiencesincluding employers businesses government agencies WIA Workforce System schools people with disabilities Expert staff are available to provide training, publicationsand respond to your inquiries. Hot Line:1-800-949-4232 Web Site:www.southwestADA.org Podcast:www.DisabilityLawLowdown.com The ADA Resource! Julie Ballinger, StarReach Enterprises Presenter

  31. Tell Us Your Thoughts! FILL OUT AN EVALUATION: CLICK ON THE LINK BELOW https://vovici.com/wsb.dll/s/12291g48ca2 OR COPY & PASTE IT INTO YOUR BROWSER Julie Ballinger, StarReach Enterprises Presenter

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