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Greater Miami Society For Human Resources Management Tuesday, June 3 rd , 2008 The Business Argument for Focusing on Abilities… Not Disabilities Presented by Eladio Amores. Interesting Statistics . 54 million people in the U.S. have a disability or 19% of the population
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Greater Miami Society For Human Resources Management Tuesday, June 3rd, 2008 The Business Argument for Focusing on Abilities… Not Disabilities Presented by Eladio Amores
Interesting Statistics 54 million people in the U.S. have a disability or 19% of the population 2.2 million in Florida A person suffers a disabling work injury every nine seconds (National Safety Council 2004) Almost 3 in 10 workers entering the workforce today will become disabled before retiring Over 900 different conditions (unique to the individual)
Employees with disabilities have been shown to have the same absentee and sick rates as temporary able body employees Since 2000 the number of disabled workers in America has increased by 35% according to the SSA Chances are that most organizations (know it or not), currently have employees with disabilities Chances are good that with our aging workforce many more employers will have an employee with a disability on staff in the future
Benefits of Hiring People with Disabilities Equal or Higher Job Performance Added Diversity Higher Retention Market Attraction Low Absenteeism Greater Motivation Tax Credits – WOTC
Avoiding Litigation - Know the LawADA Definition A person with a physical or mental impediment Has a record of such impediment Or is regarded as having a physical or mental impediment
Americans with Disabilities Act ADA defines a disability as a physical or mental impairment that “substantially” limits one or more of major life activity such as seeing, hearing, speaking, walking, caring for oneself and breathing
Qualified Person A qualified person meets the employer’s requirements, such as experience, educational background, etc. for a particular job A qualified person is able to perform the essential functions of the job with or without an accommodation (without causing undue hardship for the employer)
Americans with Disabilities Act Job discrimination against qualified people with disabilities is illegal No “quota” action obligations Must provide reasonable accommodations that permit a qualified applicant or employee with a disability to participate in a job application process or/and to perform the essential functions of a job
Reasonable Accommodations Examples of accommodations: Making existing facilities accessible; Job restructuring; Part-time or modified work schedules; Providing assistive technology (AT) Source: http://www.cacp.gatech.edu/Presentations/GTC_2005/GTC2005.pdf
Reasonable Accommodations Changes or adjustments that do not present undue hardships for the employer Most accommodations are inexpensive and easy to make, less than $500 on the average The vast majority of workers with disabilities do not require accommodations
Undue Hardship SIGNIFICANT DIFFICULTY OR EXPENSE FINANCIAL DIFFICULTY UNDULY EXTENSIVE SUBSTANTIAL DISRUPTIVE ALTER NATURE OR OPERATION Of BUSINESS CASE-BY-CASE
ADA does not contain a list of medical conditions that constitute disabilities Employers with 15 or more must comply Disability claims are rare, 91% of employers had no ADA complaints People with Disabilities want jobs not lawsuits
Myths and Facts ADA is not an affirmative action statute No preferential treatment required merely on account of the employee’s disability Accommodations which require special dispensations and preferential treatment may not be reasonable under ADA
Employment Practices Under ADA Rules Recruiting Interviewing Training Leave Layoff Benefits Firing Promoting Job assignment Pay
Disability Issues- Employer Tips • Do’s and Don'ts when interacting with applicants with disabilities • Do not focus on a disability unless it is necessary • Do not portray people with disabilities who succeed as “superhuman”
Common Courtesies • Make appropriate contact with an individual with a disability • (according to the situation as you would with anyone else, e.g., a handshake or arm around the shoulder)
Common Courtesies • Offer assistance to an individual with a disability • But wait until your offer is accepted before you help • Do not assume you know the best way of helping - listen to any instructions given • Do not make assumptions • About the existence or absence of disabilities - some people have hidden disabilities, e.g. epilepsy, diabetes, asthma
Common Courtesies • Talk directly to the individual with disability person • Rather than through a companion • Relax and make eye contact • Do not be embarrassed about • using common expressions • Such as “see you later” or “I’ve got to run,” which may relate to a person’s disability
Watch your Language • It is important to gain a general understanding of words and phrases which may offend people with disabilities • There are no hard and fast rules
Disability Language • Many individuals with a disability find the word “handicapped” offensive as it carries connotations of “cap in hand” • Instead, say “person with a disability” or “individual with a disability” • Medical “labels” are undesirable and often misleading, as no two people are alike, they say little about people as individuals
Disability Language • Do say “wheelchair user” or “person who uses a wheelchair” • Do not say “wheelchair bound” or describe someone as “confined to a wheelchair” • Remember that a wheelchair can represent freedom to its user
Disability Language • Do say “individual with a disability” or “person with a disability” • Do not say “invalid” (this can be construed as “not valid”) • Do not equate illness with disability
Meeting People with Mobility Limitations • When talking to a person in a wheelchair try to put yourself at their eye level, i.e., sit in a chair rather than remain standing • Do not grab the back of someone’s wheelchair to push them along • Wheelchair users can get around under their own power
Meeting People with Mobility Limitations • Leaning on a person’s wheelchair is similar to leaning on a person and is disrespectful and annoying the chair is part of a person’s personal body space • Do not touch/remove a person’s mobility aid without the person’s consent, for example crutches
Meeting People with Mobility Limitations • If a person with a mobility difficulty is attending a meeting or interview, check the following: • Are there suitable parking arrangements? • Is there a ramp or step-free entrance? • Are there suitable toilet facilities? • Is reception alerted to provide assistance?
Meeting People with Vision Impairments • Identify yourself clearly and introduce anyone else who is present, including their relative position to you • When offering assistance to a person with a visual difficulty, ask them if they would like assistance and how you can help
Meeting People with Vision Impairments • When guiding a person with a visual difficulty, give him/her clear instructions, e.g., “This is a step up or step down” - not merely a step • When offering a seat, place the person’s hand on the back or arm of the chair • During a group conversation refer to the person you are talking to by his/her name
Meeting People with Vision Impairments • Do not leave someone talking to an empty space • Inform them when you are ending a conversation or departing • In welcoming a person who is visually impaired to a room they have not been • in before, give a brief synopsis of the “geography” (shape, size, windows) • and contents (furniture and people) of the room
Disability Language • Say “he/she is deaf/hard of hearing,” or “he/she is blind/has a vision difficulty” • NEVER say “deaf and dumb” • Remember that there are differing levels of deafness and blindness
Meeting People Hard of Hearingor with a Hearing Impairment • When meeting a person who • reads lips • Look directly at them and speak slowly and clearly • Do not shout or exaggerate lip movements as this will distort understanding • Speak with facial expressions, gestures and body movements which emphasize the words you use (only 3 out of 10 words are visible on the lips)
Meeting People with Hearing Impairments • Do not make assumptions about a person’s mode of communication • Always ascertain method of communication the individual prefers • to use • If a sign language interpreter is working with a person who is deaf, always face and speak to the individual
Meeting People with Hearing Impairments • When speaking to an individual who is deaf or hard of hearing, remember not to shout • Facial expressions and gestures help individuals who are deaf to understand you, face the source of light and keep hands, cigarettes and food away from your mouth when speaking
Meeting People with Hearing Impairments • To obtain the attention of an individual who is deaf, tap him/her on the shoulder or wave • Do not shout • If you are with an individual who is deaf, and the telephone rings or someone knocks on the door, tell the individual, then excuse yourself and answer the phone/door
Meeting People with Hearing Impairments • In group conversation, inform the individual who is deaf what the topic is so he/she can contribute • Hearing aids amplify ALL sounds so attempt to keep excess noise to a minimum
Resources Florida Vocational Rehabilitation www.fljobconnections.com Able Trust www.floridabln.org Job Accommodations Network www.jan.wvu.edu/soar
Conclusions • Any one of us, can become a person with a disability • Always treat others as theywould want to be treated • Each individual is unique • The word “normal” has no real meaning if we are all different
We could learn a lot from crayons Some are sharp, some are pretty and some are dull, Some have rare names, and all different colors, but they all have to live in the same box!!
Closing Thought Accept Difference Value Difference Teach Difference ‘Till Difference Doesn’t Make a Difference’
Eladio Amores Corporate Consultant Florida Department of Education Division of Vocational Rehabilitation 941-359-7811 Eladio.Amores@vr.fldoe.org www.fljobconnections.com