MAKING YOUR TRANSITION TO THE WORKFORCE

1. MAKING YOUR TRANSITION TO THE WORKFORCE Information for students with disabilities. Emma Byers - Graduate Fellow Stacey Stevens - Graduate Fellow Aspen Wilson - Social Work Intern

2. What is this PowerPoint about? • This PowerPoint is intended to teach students with disabilities about their transition into the workforce. • By the end, you should: • Understand what your transition to the workforce may look like. • Understand your rights under the laws. • Be prepared to appropriately advocate for yourself.

3. What will be covered… • Relevant Laws • Looking for jobs • Interview Process • On the Job • Self-Advocacy

4. Important Note • Other than the information on your rights and your employer’s responsibilities, there are no right answers. • Understand that this PowerPoint is intended to give you information, not tell you what to do.

5. Know the laws that protect you. Laws

6. Relevant Laws • Rehabilitation Act of 1973 • This was the original governmental protection for people with disabilities. • It was created to protect people with disabilities from being discriminated against. • Section: 504 • This section said that any organization which received federal funding must ensure accessibility to people with disabilities.

7. Relevant Laws (continued) • American’s with Disabilities Act (ADA) • This was created in 1990. • It expanded on Section 504by saying that any organization, whether or not they receive federal funding, could not discriminate against people with disabilities. • In 2008 ADA Amendments Act (ADAAA) was created to better define what was to be considered a disability.

8. What you should know. Finding a position

9. What to Consider When Looking for Jobs • An applicant with a disability, just like all other applicants, must be able to meet the employer's requirements. • This includes having appropriate: • Education • Training • Professional Experience • Skills • Licenses

10. “Essential Functions” • An applicant with a disability must be able to perform the essential functions (or fundamental duties) of the job either with or without  the help of reasonable accommodations. • An employer does not have to alter the basic integrity of the position for you. • If you are not qualified, or your disability limits your ability to perform the job (even with a reasonable accommodation), then the laws do not protect you.

11. What to expect… Interview Process

12. The Subject of Disability • Your disability (and need for an accommodation) should generally only come up during an interview if: • The employer reasonably suspects that you may need potential accommodations to preform the job. • You disclose your need for potential accommodations to perform the job. • The employer does not need to know if you have a hidden disability that will not affect your work!

13. Be Honest and Positive • You don’t legally have to tell your employer about your disability, but it’s never a good idea to lie! • If you think you might need an accommodation, be honest about it. • Put a positive spin on your need for an accommodation: • Try framing it like this: “With the aid of assistive technology I will be 5 times more productive!”

14. Questions During the Interview • Employers may ask limited questions about disability-related issues during the interview. • Generally, they can only ask about the need for reasonable accommodations if they reasonably believe that the applicant may need accommodation because of an obvious or voluntarily disclosed disability, or where the applicant has disclosed a need for accommodation.

15. Questions that CAN be Asked Questions about reasonable accommodation. Questions about if the applicant can perform all of the essential duties of the positions, or if he will need an accommodation to perform a specific job duty. If the answer is yes, the employer may then ask what accommodation may be needed and why. But the employer may NOT ask any questions about the nature or severity of the disability.

16. Questions that CANNOTbe Asked • Under the law, employers generally cannot ask disability-related questions or require medical examinations until after an applicant has been given a conditional job offer. • This means they cannot ask questions such as: Do you have a disability? How many days were you sick last year? Have you ever been treated for mental health problems? What prescription drugs are you currently taking?

17. Accommodation During the Interview • Reasonable accommodations during the interview process as completely appropriate. • Such accommodation may include: • providing written materials in large print, braille, or audiotape • providing readers or sign language interpreters • ensuring that interviews are held in accessible locations • providing or modifying equipment or devices • adjusting or modifying application policies and procedures

18. Testing as Part of the Interview • The employer may have to provide testing materials in alternative formats or make other adjustments to tests as an accommodation. An applicant who is blind will not be able to read a written test, but can take the test if it is provided in braille or the questions are tape recorded. A deaf person will not understand oral instructions, but these could be provided in a written format or through the use of a sign language interpreter.

19. When is a test NOT Accommodated? • The employer does not have to offer alternative testing if the test is designed to measure a particular skill that is required to fulfill the position. An employer gives a written test for a proofreading position. The employer does not have to offer this test in a different format (e.g., orally) to an applicant who has dyslexia because the job itself requires an ability to read. An employer requires a physical fitness test for a police officer position. The employer does not have to alter (or waive) this test for an applicant with a heart condition because the job requires a specific level of fitness.

20. Case Study… Carl has a severe limp and uses a cane because of his prosthetic leg. He applies for an assembly line job which does not require employees to move around but does require that they stand for long periods of time. The employer asks Carl about his ability to stand and whether he will need reasonable accommodation to perform the job. Carl replies that he will need accommodation. The employer asks Carl for examples of accommodations, and Carl suggests two possibilities: a tall stool so that he can sit down but still reach the conveyor belt, or alternatively, a "sit-stand" chair which will provide support and enable him to do the job.

21. Understanding your right to be accommodated… On the job

22. After Starting the Job • If you and your employer already established accommodations, make sure that they are working for you. • Are they helping? Or do you need to request a change? It’s ok ask for changes if your accommodations are not working. • If you have not discussed accommodations because your did not think you’d need them, reassess your need to talk to your employer. • There is no right time to ask. It’s fine to ask now! Just remember to ask before it becomes a problem for you.

23. Determining Accommodations • Remember that your employer is providing you with your reasonable accommodations. • This means that if more than one accommodation meets your needs, then the employer may choose which one to provide. Option 1 Option 2 Option 3

24. Tracking Accommodation • When you and your employer have come to an agreement about your accommodations, make sure to keep some form of written documentation. • This is not required, it’s just best practice. • Good way to do this is by writing a thank you email: “Dear Boss, Thank you for the accommodation of…”

25. “Undue Hardship” • An employer does not have to provide an accommodation that would result in “undue hardship” for the company. • It may be financially based, time-related, resource-related or any number of bases. • Proving undue hardship is generally quite complex because an employer must prove with certainty that providing a specific accommodation will result in undue hardship for the business.

26. Note about Small Businesses • Businesses with 15 or fewer employees do not have to follow the same regulations. Providing most accommodations may cause undue hardship for small companies.

27. Accommodations in Non-work Areas • Under the law, you must be given equal access to all services programs and non-work facilities. • This means they have to make it accessible to you. • If making a facility accessible to you will create an undue hardship, then an employer may provide an alternative which allows you similar privileges and benefits.

28. What About documentation? • In order to verify that you have a disability that is covered under federal law, an employer can request documentation which shows your disability, your limitations, and your need for accommodations. • Your employer CANNOT ask for documentation that is unrelated to determining whether or not you have a disability that is covered under the law.

29. Case Study… A marketing employee has a severe learning disability. In order to remember what is discussed during meetings he must take detailed notes. However, due to his disability, he has great difficulty writing. The employee tells his supervisor about his disability and requests a laptop computer to use in the meetings. Since neither the disability nor the need for accommodation are obvious, the supervisor may ask the employee for reasonable documentation about his impairment; the nature, severity, and duration of the impairment; the activity or activities that the impairment limits; and the extent to which the impairment limits the employee's ability to perform the activity or activities. The employer also may ask why the disability necessitates use of a laptop computer (or any other type of reasonable accommodation, such as a tape recorder) to help the employee retain the information from the meetings.

30. Standing up for your rights and needs… Self-advocacy

31. How to Ask for Accommodations • Your request does not need to be formal! • Any mention of a disability is notification that you may need accommodations: "I'm having trouble getting to work at my scheduled starting time because of medical treatments I'm undergoing.“ An employee, who uses a wheelchair, informs her employer that her wheelchair cannot fit under the desk in her office.

32. Issues of Privacy • Your employer should keep your disability and accommodations confidential! • Your employer may let your colleagues know if their work will somehow be affected by your accommodations. • Your employer still may NOT discuss your disability or need for specific accommodations with your colleagues.

33. Discussing your Disability with Colleagues • There are no legal guidelines prohibiting your colleagues from asking about your disability. • You can discuss your disability or accommodations if you feel comfortable doing so but you should not feel obligated.

34. Discrimination in the Workplace • If you feel you are being treated differently because of your disability at any point in the process (application, interview, or once on the job) you have options: • Deal with the discrimination internally by going to a supervisor or human resources (HR) • File an official complaint with either the Equal Employment Opportunity Commission (EEOC) or the Colorado Civil Rights Division (CCRD)

35. Filling an Official Claim • One difference between filing with EEOC or CCRD has to do with time limits. • EEOC must be contacted within 300 days of the incident of discrimination. • CCRD must be contacted within 180 days of the incident of discrimination.

36. Resolutions • If the investigation by the EEOC or CCRD shows that your claim was legitimate, it is likely that there will be some form of resolution. • Your company may agree to change its practices, offer you compensation, or rectify the situation in another way. • Most legitimate claims end with some form of resolution out of court.

37. Lawsuits • If the investigation by the EEOC or CCRD shows that your claim was legitimate and no resolution has been sufficient, you may then file a lawsuit on the grounds of discrimination. • You may NOT file a lawsuit before there is an investigation!

38. Some Helpful Resources www.eeoc.gov * www.ada.gov * www.dol.gov * askjan.org *www.dora.state.co.us/civil-rights * www.thelegalcenter.org

39. If you would like more information about disability rights please contact: Disability Services 1999 East Evans Ave 303.871.2278| dsp@du.edu

40. If you would like one-on-one assistance with your job/internship search please contact: Career CenterDriscoll Student Center, South 303.871.2150 |career@du.edu