1

ADA Basics:A Primer for WorkforceProfessionals

DBTAC: Rocky Mountain ADA CenterCO, MT, ND, SD, UT, & WY

800/949-4232 (V, TTY) www.adainformation.orgJana Copeland, Director 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

Title II Overview

Brief overview of the provisions regarding state and local governments

4

Five Titles of the ADA

I. Employment

II. Public entities

III. Public accommodations

IV. Communications

V. Administrative

5

State & Local Gov’t - Title II

Part A Covers all state & local

governments Including public school

districts, special districts, etc.

Enforced by Dept. of Justice

Part B Covers public

transportation Enforced by Dept. of

Transportation

6

ADA & Workforce Centers

Workforce Professionals &

Areas of ADA responsibility

7

Two Dimensions of ADA Responsibility Helping customers with disabilities accomplish their

goals Requires understanding of ADA rules governing

entities with whom clients interface, for example: Employers Day care Transportation

Ensuring the center can effectively serve customers with disabilities Title II responsibilities Includes contracted support

8

General Requirements

For qualified individuals with disabilities, a Title II entity must: Provide equal opportunity Not deny participation Not apply surcharges Not make unnecessary inquiries Strive for integrated vs. separate programs Make reasonable modifications to permit participation Ensure contracted service providers adhere to Title II

rules

9

Program Accessibility

A public entity’s services, programs, or activities, when viewed in their entirety must be readily accessible to and usable by people with disabilities

Achieving program accessibility Reasonable modification to policies and procedures Acquisition or redesign of equipment or assignment of

aides Provision of service at alternate sites Structural modification or physical barrier removal

Exceptions Fundamental alteration Undue burden

10

Reasonable Modification

Changes to policies, practices, and procedures that allow persons with disabilities access to the public entity’s programs and services Examples

Simplification of application process Not requiring individual to appear personally to make

application for benefit Delivering or mailing a check or application that must

normally be picked up Limited by fundamental alteration and undue financial

or administrative burden

11

Communication Issues

Ensure effective communications Auxiliary aids or services

Interpreters Materials in alternate formats TTYs and relay service

12

Title II Resources

It’s not knowing all the answers…

it’s knowing where to go with questions!

13

Key Resources

ADA Questions & Answers Titles II Technical Assistance Manual DOJ’s Titles II Highlights Online Courses

DOJ’s “Reaching Out to Customers with Disabilities”

DBTACs’ “ADA Title II Tutorial” & “At Your Service: Welcoming Customers with Disabilities”

14

Other Resources

DBTAC 800/949-4232 (V, TTY) www.adainformation.org

ADA Training Resource Center www.adacourse.org

U.S. Dept. of Justice 800/514-0301 (V) www.ada.gov

15

Break To Answer Q&A

If you have a question or comment on the information covered so far, please submit it using the Q&A panel on the right hand tool bar on your screen.

16

Overview of Title I

What are the basic provisions of employment provisions of ADA Title I?

What are reasonable accommodations?

17

Five Basic Protections

Equal opportunity to apply for jobs and work in jobs for which they are qualified

Equal opportunity to be promoted Equal access to benefits and privileges of

employment No harassment or hostile work environment Reasonable accommodations to enjoy equal

employment opportunity

18

General Employment Rule

Job application process Hiring Promotion Discharge

Compensation Benefits Training All aspects of

employment!

Unlawful to discriminate against a qualified individual with a disability with regards to:

19

It’s All About Equality!

Hire, fire, and promote the most

qualified, deserving individual!

20

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

21

When Accommodations are Required

Application process Performance of the essential functions of the

position Enjoyment of equal benefits and privileges of

employment

22

Accommodation Facts

Over 70% of employees with disabilities never request an accommodation

Cost effectiveness: 50% cost $50 or less $5 return in productivity and saved costs for

every $1 spent on ADA-related accommodations

23

ADA Tax Incentives

Disabled Access Credit

Barrier Removal Deduction

Work Opportunity Tax Credit

24

Employee Responsibilities

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

25

Disclosure and the ADA

Disclosure strategies for the workplace

26

When to disclose?

Applying with a state or Federal agency with affirmative action responsibilities

Job relates to experiences as a person with a disability

Having a disability is a requirement Job-related limitations require request for

reasonable accommodation

27

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 employer may request medical

documentation following accommodation requests Focus on abilities and skills, not disability Ultimately, disclosure is individual’s prerogative!

28

Title I Resources

It’s not knowing all the answers.

It’s about knowing where to go

with your questions!

29

Key Publications

Your Employment Rights Job Accommodations for People with … Disclosure Decisions to Get the Job Ideas for Writing an Accommodation Request

Letter Employees' Practical Guide to Requesting

and Negotiating Reasonable Accommodations Under the ADA

30

Other Resources

DBTAC 800/949-4232 (V,TTY) www.adainformation.org

Job Accommodation Network 800/526-7234 (V, TTY) www.jan.wvu.edu

EEOC 800/669-4000 www.eeoc.gov DOL’s Office of Disability Employment Policy

www.dol.gov/odep/pubs/publicat.htm RRTC on Workplace Supports

www.worksupport.com

31

Etiquette Basics

General strategies for practicing good disability etiquette

32

The Basics

Put the person first & their disability second Don’t make assumptions about needs, abilities, or

limitations Varying levels of abilities and limitations Create environment that permits people with hidden

disabilities to disclose if necessary

33

More Basics

Always ask before helping Treat adults as adults Be sensitive about physical contact Use common sense Apply basic courtesies to ALL people Relax!

34

Workforce Center Situations

Etiquette strategies for specific settings

35

Marketing Etiquette

Advertise services & job openings in disability-related publications

Include details of location Include EEO statement in ads

36

Reception Etiquette

Know location of accessible restrooms, drinking fountains, and telephones

Use normal tone of voice when welcoming Introduce yourself Offer to shake hands, if appropriate

37

Scheduling Etiquette

Ensure that meeting location is accessible Be familiar with travel directions to location Offer expected duration and end time if asked

38

Meeting Etiquette

Conduct emphasizing abilities, achievements, and individual qualities

Ask questions used with all customers Be patient when speaking & listening Use location with good lighting

39

WFC Environment

Review physical features of center and make adjustments if necessary

Consider assistive technology available to increase accessibility

Make materials available in accessible formats Prepare other staff for adjustments and changes Allow flexible scheduling, if possible

40

Etiquette Resources

Publications, websites, and organizations

41

Publications

Disability Etiquette Guidelines for Reporting and Writing About

People with Disabilities Resources available from the DBTACs:

Sign Language Posters ADA Quiz Book, 3rd Edition Etiquette Tip Cards Getting it Right DVD

42

Websites

United Spinal Association www.unitedspinal.org

National Organization on Disability www.nod.org

Easter Seals www.easterseals.com

43

Next Steps

A Plan of Attack for

Workforce Center Compliance

44

Plan of Attack

Conduct a facility self-evaluation for physical accessibility using existing facility checklist

Examine intake procedures to ensure they don’t discriminate

Examine other policies for discriminatory elements Establish policy for provision of effective

communications including sign language interpreters Install a TTY and train staff in its use as well as relay

service use

45

Plan of Attack (cont.)

Examine written and visual materials for appropriate depiction of people with disabilities

Re-examine any exclusions based on fundamental alteration or undue financial or administrative burden exceptions

Examine policy for selecting meeting sites Examine policy for ensuring contractors meet ADA

standards Examine policy for acquisition of electronic and

information technology

46

Plan of Attack (cont.)

Examine new staff training on disability issues Ensure printed materials include appropriate

notification regarding department’s nondiscrimination policy

Establish a grievance policy for clients with disabilities

Assign designated staff member as the ADA coordinator

Review evacuation procedures to ensure there are provisions for clients and staff with disabilities

47

Customer Action Steps

Become familiar with the ADA and workplace rights and responsibilities

Prepare to request reasonable accommodations as necessary

Gain a comfort level discussing impairments with employers

Know the resources!

48

Question and Answer Session

• Open lines for Discussion If you have a question or comment click on the

“raise hand” icon on the right hand side toolbar. We will then un-mute your line.

You can also submit your question or comment in writing using the Q&A function on the toolbar. Please be sure to send it to either the “host” or the “panelist”. We will then read your question.

49

More Questions?

Jana Copeland, PhDDBTAC: Rocky Mountain ADA Center

3630 Sinton Road, Suite 103Colorado Springs, CO 80907

800-949-4232719/444-0268, ext. 109

719/444-0269 (fax)jcopeland@mtc-inc.com

www.adainformation.org