The ADA & Your Workforce Center

1. The ADA & Your Workforce Center An ADA Case Study DBTAC: Rocky Mountain ADA Center 800/949-4232 (V, TTY) Jana Copeland jcopeland@mtc-inc.com

2. Disclaimer • Information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA. • DBTAC authorized by NIDRR to provide information, materials, and technical assistance to individuals and entities that are covered by the ADA.

3. Session Agenda • Learn a little about the ADA by completing a hands-on case study (courtesy of www.wiawebcourse.org) • Address any of your disability-related issues and concerns • Answer your ADA questions

4. Part I An introduction to your customer and her employment needs

5. Meet Laurie… • Laid off from her job 2 months ago due to downsizing • Has been aggressively seeking employment on her own with no success • First time user of workforce center services

6. Employment Needs • Position desired: Technical writer or editor • Skilled writer and good editor who works well with others • Competent worker with over 15 years experience in the field

7. Disability-related Issues • Laurie was diagnosed with bi-polar II disorder 10 years ago. • Common symptoms include: • Anxiety resulting in misplacing items, short term memory loss, anxiety attacks • Prescribed anti-anxiety medication causes drowsiness • Difficulty maintaining concentration • Difficulty handling excessive stress levels

8. Needed Accommodations • Worked out by Laurie and her doctor • Include: • Antidepressant medication twice daily • Having information in written form as backup to alleviate anxiety • Takes public transportation as needed instead of driving • Thinking ahead of how to cope with possible panic attacks and providing herself a “way out” • Quiet workspace with limited distractions • Flexibility to work from home or arrive later in the morning (when anxiety levels are elevated)

9. Question 1 Is Laurie covered by the ADA?

10. Answer: It depends! ADA Definition of Disability • Mental or physical condition thatsubstantially limits one or more of life’s major functions • Record of impairment which substantially limits… • Regarded by others as having… Note: Diagnosis of an impairment does NOT necessarily mean a “disability”

11. Question 2 What are Laurie’s rights in the workplace?

12. Answer: 2 areas of ADA protection • Employers cannot discriminate against her in regard to any employment practice, policies, conditions, or privileges of employment • Employers must provide reasonable accommodations to qualified individuals with disabilities.

13. Reasonable Accommodations • Modifications or adjustments to a job, employment practice, or work environment that makes it possible for an individual with a disability to enjoy an equal employment opportunity • Equal employment opportunity: opportunity to attain same level of performance or to enjoy equal benefits and privileges of employment

14. Accommodation Basics • Must be an effective accommodation • Must only reduce employment-related barriers • Need not be best accommodation, just effective • Personal devices not required • Employer not prevented from providing extra accommodations • Ongoing process, not a one-shot deal

15. Question 3 What are Laurie’s responsibilities during the accommodation process?

16. Answer: Be Involved • Process must be initiated by the employee with a disability- disclosure required • Provide documentation of need for accommodation if requested • Be involved in process of identifying effective accommodation

17. Question 4 When is the workforce center required to provide accommodations for Laurie?

18. Answer: It Depends! • Because this is a hidden disability, Laurie will need to disclose to the WFC before the ADA responsibilities kick in. • Programs, services, and activities must accessible to QIWDs • Provide reasonable accommodations when necessary

19. Question 5 How does workforce center staff know what accommodations are appropriate for each customer?

20. Answer: Case-by-case basis • Interactive discussion process with the customer • Know your accommodation resources • Issues related to psychiatric disabilities vary among individuals and depend upon the condition and specific limitations that person is experiencing • People with disabilities know what works best for coping with the effects of their disability!

21. Question 6 Is the workforce center required to provide the accommodation that the customer wants?

22. Answer: Not usually • Rule of thumb: accommodation must be effective • Exception: primary consideration • When an auxiliary aid or service is required, a public entity must honor the choice of the individual, unless it can demonstrate another equally effective means of communication is available. • Fundamental alteration • Undue financial or administrative burden

23. Part II Laurie’s first visit to the workforce center

24. Arrival at the WFC • Appreciates open arrangement/layout of workforce center facility- bright lighting, wide doorways and paths of travel, clearly defined work areas, clear signage • Layout allowed her to see where everything she may need was located • Her anxiety levels regarding her first visit were alleviated.

25. Customer Service • Laurie drops her folder with her resume, letters of recommendation, references, and list of work skills, key responsibilities, and various projects associated with past jobs • No longer calm- begins shaking, heart pounds, vision blurs • The receptionist notices her distress

26. Question 7 What should the receptionist do?

27. Answer: Be Proactive • Receptionist lets Laurie step out of line to collect her thoughts and return to line without losing her place • Laurie moves to one side of the counter, does a calming exercise, and moves back into line • Requests to take forms home to fill out and return later because her hands are still shaking

28. Question 8 Is this a reasonable request?

29. Part III Laurie as a workforce center customer

30. Question 9 Should Laurie disclose her disability to potential employers?

31. When should you disclose? • Applying with a state or Federal agency with affirmative action responsibilities • Job relates to your experiences as a person with a disability • Having a disability is a requirement • Job-related limitations require you to request a reasonable accommodation

32. Disclosure Strategies • If asked on an application to disclose, leave blank • During an interview, be prepared to answer difficult questions (like gaps in work history) • Be aware that the client may need to provide medical documentation when requesting accommodations • Focus on abilities and skills, not disability • Ultimately, disclosure is your client’s prerogative!

33. Question 10 Does Laurie have any recourse if she is discriminated against because of her disability?

34. Answer: File a Complaint • Must contact the EEOC first before taking private action • What happens when you contact the EEOC? • Complaint tips • Right to Sue Letter

35. Question 11 What resources are available for you and Laurie?

36. DBTAC (aka ADA Center) • Ten regional centers funded by the US Department of Education • Mission: Provide technical assistance on the ADA through training, materials, and direct assistance • Contact info: • Toll free hot line 800/949-4232 (voice/TTY) • www.adainformation.org or www.adata.org

37. Additional Organizations • National Center on Workforce & Disability • 888/886-9898 (V,TTY) www.onestops.info • Job Accommodation Network (JAN) • 800/526-7234 (V,TTY) www.jan.wvu.edu • U.S. Dept. of Justice • 800/514-0301 (V) www.ada.gov • U.S. Equal Employment Opportunity Commission (EEOC) • 800/669-4000 (V) www.eeoc.gov

38. Online Learning Opportunities • At Your Service: Welcoming Customers with Disabilities • www.wiawebcourse.org • Intro to Section 504 of the Rehab Act • http://section504.elearning.dol.gov/ • ADA Training Resource Center • www.adacourse.org

39. More questions? Jana Copeland, PhD DBTAC: Rocky Mountain ADA Center 3630 Sinton Road, Suite 103 Colorado Springs, CO 80907 800-949-4232 (V/TTY) 719/444-0269 (fax) jcopeland@mtc-inc.com www.adainformation.org