Hiring People with Disabilities: The Why, the How, and the Help

1. Hiring People with Disabilities: The Why, the How, and the Help Presented by: Kasey Watts, Business Outreach Specialist CDLE, Division of Vocational Rehabilitation

2. First things first… Disclaimer: The audience is cautioned that the information contained in this presentation is intended solely as informal guidance and should not be used for determining your legal rights or responsibilities under the law and is not binding on any agency with enforcement responsibilities under the ADA I am not a Lawyer!

3. Objectives: • Overview of the DVR program • The benefits of hiring Individuals with Disabilities (the WHY) • Accommodations/ADA (the HOW) • DVR Business Services & other resources (the HELP)

4. Who do we service? • Individuals with Disabilities • Must be determined eligible for services • Must have a documented disability that is a barrier to employment • Must want to work/be active in their case • Must need DVR services to gain employment • Employers/Business • Provide education and training on Disability Awareness topics • Connect employers with an untapped talent source and community partners • Help businesses with Diversity & Inclusion Initiatives • Business Resource in regards to employing people with disabilities

5. Benefits to hiring People With Disabilities WHY should an employer hire someone with a disability?

6. Benefits: The Why • Candidates w/Disabilities are as capable as anyone else! • Employers often overlook People With Disabilities because of misconceptions about the ability to do a job • Workers w/Disabilities increase diversity! • People With Disabilities can teach/demonstrate creativity in accomplishing tasks and other ways to problem solve on the job

7. Benefits: The Why • Employees w/disabilities tend to be more reliable, overall higher retention rates • Many studies have shown that People With Disabilities take less absent days, are more likely to stay on the job than non-disabled workers. • Employees w/disabilities are less likely to get into work-related accidents • Studies from Department Of Labor and DuPont show that workers w/disabilities are safer on the job because more aware of surroundings.

8. Benefits: The Why • Tax Credits & Programs • Eligible employers can receive tax credits to aid in hiring and accommodating workers with disabilities • Special programs, like DVR, are available to assist in customized recruitment, retention, and other employment strategies. • Social Motivation • 3/4ths of millennials would take a pay cut to work for a socially responsible company, including ones that have Disability & Inclusion initiatives* • 92% of consumers prefer companies that promote the hiring and accessibility of People With Disabilities *2016 Cone Communications Millennial Employee Engagement Study

9. Accommodations & the ADA:The How How to hire and accommodate people with disabilities according to the ADA?

10. What is the ADA or Americans with Disabilities Act? The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.

11. Qualified Individuals ONLY The ADA states that employers are only required to hire the most qualified candidate for the job, who must meet those job requirements that are determined necessary in order to provide adequate preparation to perform necessary job tasks. In candidates, you should only consider: • Educational background • Employment experience • Skills • Licenses • Ability to perform tasks that are essential to the job, with or without a reasonable accommodation NOT THEIR DISABILITY!

12. Essential FunctionsQuestions Basic job functions that the employee MUST be able to perform? Does the position exist to perform the task? Can the task be easily distributed to other employees? What level of skill or expertise is required? Adetailed job description should be created.

13. Limitations? An employer is not required to make an accommodation if it would impose an "undue hardship" on the operation of the employer's business. "Undue hardship" is defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation. Reasonable Accommodations What is a reasonable accommodation? Any change to the work environment or the way a job is performed that enables a person with a disability to enjoy equal employment opportunities.

14. Three Categories of Reasonable Accommodations: • Changes to the job application process • Changes to the work environment • Changes that allow equal benefits and privileges of employment

15. When and How must an individual request an accommodation? When: • At any time during the application or employment • The ADA doesn’t prevent an employee from requesting a reasonable accommodation if they didn’t disclose in the application or offer How: • They must let the employer know • They do not have to mention the words “ADA” or “Reasonable Accommodations” • Requests do not have to be in writing, they can be verbally requested

16. Can you an Employer ask for documentation? Yes… • When the disability and/or the need is not obvious, the employer may ask the individual for reasonable documents about his/her disability and functional limitations. • May ONLY require the documents needed to establish the disability and the need for the accommodation. No… • When the disability and/or need is obvious. • When the individual has already provided the employer with sufficient information.

17. How to respond to an accommodations request? Upon receiving it: • Ask for documentation, if not obvious • Engage in an informal process to determine a reasonable accommodation • Seek assistance from a knowledgeable source Comply with a specific request?: • Employers can offer alternatives • If two possible options, the employer may choose the least costly or easiest to provide, as long as it is still effective

18. How quickly must an employer respond to an accommodations request? • As quickly as possible • Intentional delays could result in a violation of the ADA • Engaging in ongoing communication with the individual is key

19. Examples of Reasonable Accommodations: • Job Restructuring • Leave • Modified Schedules • Modified workplace policy • Reassignment • Low cost vs. high cost

20. Have a diverse workplace: The Help! Now that you know why and how to hire people with disabilities, let’s talk about resources available to you to help you with your diversity and inclusion initiatives.

21. DVR Business Services • Building a Bridge between Ability and Business • DVR wants to work with employers to help them tap into an often overlooked source of TALENT! • People with disabilities can work and are ready to do so! Building a Bridge between Ability and Business

22. DVR NO COST Business Services

23. Benefits to Employers All of our services are of NO COST! Tap into an often overlooked, skilled, and qualified talent pool. Opportunities to develop the workforce through Paid Work Experiences, On the Job Trainings, Apprenticeships, etc. Morally fulfilling to the employer and customers

24. Resources for you! Rocky Mountain ADA Center: https://www.rockymountainada.org Job Accommodations Network (JAN): https://askjan.org CDLE- Div. of Vocational Rehabilitation: https://www.colorado.gov/dvr

25. Any questions? Kasey Watts, Business Outreach Specialist kasey.watts@state.co.us Cell: 970-640-6519