Presentation Transcript

1. DISABILITY DISCRIMINATION PREVENTION

2. Americans with Disabilities Act Signed into law on July 26, 1990 by president George H. W. Bush. The law mandates that individuals with disabilities shall have access to : jobs public accommodations, government services, public transportation, telecommunications Disability is defined by the ADA as "a physical or mental impairment that substantially limits a major life activity."
3. ADA Title I Employment Tittle II State and Local Government Activities and Transportation Tittle III Public Accommodation (private and non-profit businesses) Tittle IV Telecommunications Replay Services Tittle V Miscellaneous
4. How ADA affects hospitals Hospitals are required to have a director for their Disabilities Resource Center (title III) Hospitals are required to provide access to people with disabilities Physical Access Effective communication Hospitals must provide effective means of communication for patients, family members, and hospital visitors who are deaf or hard of hearing.
5. Effective Communication Critical in health care. Must be provided throughout the entire hospital Emergency room room care, inpatient and outpatient services Surgery Clinics educational classes, cafeteria and gift shop services.
6. Deaf Consumers Many are unaware of the different kind of deaf consumers Deaf Deaf blind And hard of hearing Survey by the City of Pittsburgh Department Of City Planning. No standard procedures staff did not have the proper training the hospitals and consumers were not on the same page Sets standardized procedures across the nation for providing equal care to people who are deaf, deaf-blind, and hard of hearing.
7. Auxiliary Aids and Services Auxiliary Aids and services must be provided State registered interpreters note takers computer-aided transcription services written materials telephone handset amplifiers assistive listening devices, assistive listening systems, telephones compatible with hearing aids closed caption decoders open and closed captioning, telecommunications devices for persons who are deaf (TDD's) videotext displays, Or other effective methods of making aurally delivered materials available to deaf consumers
8. Laws Section 504 of the Rehabilitation Act of 1973 is a national law that protects qualified individuals from discrimination based on their disability. The Office for Civil Right is responsible for enforcing section 504 of the Rehabilitation Act of 1973 Section 504 forbids organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services.
9. Rights and Responsibilities under Section 504 and the ADA Provide services and programs in the most integrated setting appropriate to the needs of the qualified individual with a disability; Make reasonable modifications in their policies, practices, and procedures to avoid discrimination on the basis of disability, unless it would result in a fundamental alteration of the program; Provide auxiliary aids to persons with disabilities, at no additional cost, where necessary to afford an equal opportunity to participate in or benefit from a program or activity; Designate a responsible employee to coordinate their efforts to comply with Section 504 and the ADA;
10. Rights and Responsibilities under Section 504 and the ADA Adopt grievance procedures to handle complaints of disability discrimination in their programs and activities; Provide notice that indicates: That the covered entity does not discriminate on the basis of disability; How to contact the employee who coordinates the covered entity’s efforts to comply with the law, and information about the grievance procedures.
11. The EEOC The Equal Employment Opportunity Commission (EEOC). Is one of the many government sections in charge of making sure people with disabilities are not being discriminated against.
12. Laws in Regards to the Healthcare Industry Although the rules under Title I of the ADA and Section 501 of the Rehabilitation Act are the same for all industries and work settings, the ADA might apply to particular situations involving job applicants and employees in the health care field. when someone is an “employee” covered by the ADA (as opposed to an independent contractor); when someone is an "individual with a disability" under the ADA; how to determine if a health care applicant or employee with a disability is qualified for ADA purposes; what types of reasonable accommodations health care workers with disabilities may need and the limitations on a health care employer’s obligation to provide reasonable accommodation; when an employer may ask health care applicants or employees questions about their medical conditions or require medical examinations; and how a health care employer should handle safety concerns about applicants and employees.
13. Disability Discrimination: Facilities By law (ADA), employers are required to provide “reasonable accommodation” to employees or other job applicants with a disability. The exception is when providing the accommodation causes significant difficulty or expense for the employer. This is called “Undue Hardship”.
14. What is Reasonable Accommodation? It is “any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job, perform the duties of the job, or enjoy the benefits or privileges of employment”. There are three general types: - The job application process, work environment, & workplace
15. What is Reasonable Accommodation? contd. The Job application process - modifies the job application process to enable qualified job applicants with a disability to be considered for desired job. Work Environment - modifies the work environment or the manner in which the job is performed to allow disabled individuals to perform the job’s essential functions. Workplace - modifies workplace to allow disabled employees equal benefits and privileges as similarly situated employees without disease.
16. Examples of Reasonable Accommodation Handrails or ramps Accessible parking, accessible transportation An elevator An elevator designed for persons with special needs Braille, enlarged print, special lighting or audio A reader, oral or sign language interpreter A job coach to help train and supervise your work A personal assistant to help with job-related activities A workstation specifically adapted for use A restroom designed for persons with special needs An automatic door A voice synthesizer, telecommunications device, or other technical device Special pens or pencils, chairs, office supplies Job redesign, modifications of difficult job duties or slowing the pace of tasks Reduced work hours to allow for more breaks or rest periods
17. What is “Undue Hardship”? When accommodations would be too difficult or too expensive to provide, in light of the employer’s size, financial resources, and needs of the business Employers may not refuse because of some cost. Employers do not have to provide exact accommodation. If more than one accommodation works, employer may choose.
18. How is Undue Hardship Determined? The nature and cost of the accommodation. The overall financial resources of the facility making the reasonable accommodation; the number of persons employed at this facility; the effect on expenses and resources of the facility.
19. How is Undue Hardship Determined? contd. The overall financial resources, size, number of employees, and type of location of facilities of the employer. The type of operation of the employer, including the structure and function of the workforce, the geographic separateness, and the administrative or fiscal relationship of the facility involved in making the accommodation to the employer. The impact of the accommodation on the operation of the facility.
20. Training All staff must be aware of the laws & regulations regarding disability discrimination in the facility. The law prohibits any discrimination when it comes to any aspect of employment; all of which include: Hiring Firing Pay Job assignments Promotions Training
21. Employment Application Process The law places strict limits on employers when it comes to asking job applicants to answer medical questions, take a medical exam, or identify a disability. Employers may not ask applicants to answer medical questions or take a medical exam before offering employment opportunities The law requires all medical records & information are kept confidential & in separate files.
22. Accommodation Modifying equipment or devices for essential functions Providing accessibility for wheelchair users as well as providing brail for the visually impaired. A reader or interpreter may also be provided Employers must provide any adjustments that allow qualified employees with a disability to perform functions required for the job All accommodations made reasonable should be provided unless modifications result in undue hardship. Part-time or modified work schedules in order to accommodate individuals personal needs
23. Obtainable Resources Attorney’s fees Expert witness fees Court Costs Employers must post notices to all employees addressing the violations of a specific charge and advising them of their rights to be free of all forms of discrimination
24. Implementation:Making our Knowledge Work for You Avoiding Disability lawsuits requires a comprehensive approach to training and evaluation. Our Process: Learning Doing Understanding
25. Case Studies Provide a chance to deconstruct real world scenarios. Requires critical thinking, problem solving, and analysis. Allowing time for questioning and interpreting. Opportunity to raise questions, clear up confusion, and deepen understanding.
26. Case Study Example For more than 20 years, Donald Merry, who has developmental disabilities, had a successful career as a medical records clerk. The hospital adjusted his tasks for the adoption of more EMR usage. Merry told his supervisor that he needed more time to learn new tasks but that he was not “stupid.” Merry had little training and insufficient supervision while working with the new systems. After only 13 weeks he was dismissed. Merry filed an ADA employment discrimination complaint with the EEOC. He went to a lawyer, who obtained a right-to-sue letter from the EEOC and filed a lawsuit on his behalf. Due to Mr. Merry’s "substantial limitation in one or more life activities" and his 20 years experience with the same company, the lawyer agreed to take his case. The case was convincing and as a result the Mr. Merry obtained a $100,000 settlement. Borrowed and adapted from ADA Insights (2002)
27. Behavior Modeling Learning points Discussion Instruction Modeling Demonstration Role playing Feedback
28. Role Playing Allows participants and audience the opportunity to test their knowledge and react to concept related challenges in real time. Specific situations Interviewing Conflict resolution Employee management Observers evaluate, be ready to provide feedback
29. Did our Service Work? Baseline test before training Gauge the initial competency of information Test afterwards and compare. We guarantee improved mastery of concepts. Also test employees who did not take the training to estimate differential effect. Benchmark comparison will show where you stand now against other industry leaders.
30. The Bottom Line Poor disability discrimination awareness is a huge liability. The laws are comprehensive and intricate. Protect your employees. Protect your Hospital. Be trained. Be prepared. Be SAFE.
31. References Disability Laws and Regulations | California Disability Access Information. (n.d.). California Disability Access Information. Retrieved May 3, 2012, from http://www.disabilityaccessinfo.ca.gov/lawsregs.htm Hospital Compliance Guidelines For Deaf, Deaf-Blind, and Hard of Hearing Consumers In Accordance With the Americans with Disabilities Act. (n.d.). pitsburghpa. Retrieved May 1, 2012, from www.pittsburghpa.gov/dcp/files/ada/11_ADA_Hospital_Compliance_Guidelines.pdf Questions and answers about health care workers and the americans with disabilities act. (2011, February 02). Retrieved from http://www.eeoc.gov/facts/health_care_workers.html Discrimination on the basis of disability. (n.d.). Retrieved from http://www.hhs.gov/ocr/civilrights/understanding/disability/index.htm Law, N., and . "Disability Discrimination." Disability discrimination in the workplace on the rise. Work Place Fairness, 2011. Web. 3 May 2012. <http://www.workplacefairness.org/disability?agree=yes>.