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Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans, CRC Employer Relations Program Administrator Division of Vocational Rehabilitation Department Social Health Services

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Page 1: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Creating a Model with Business: Common Sense Approaches to Access and Accommodations

7 Steps to Reasonable Accommodation

June 16, 2011

John Patrick Evans, CRCEmployer Relations Program

AdministratorDivision of Vocational RehabilitationDepartment Social Health Services

Page 2: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

2

ADA National Network Centers

1-800-949-4232 [voice/tty]

adata.org

Page 3: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

3

3

“Reasonable Accommodation”

A logical change in the work environment or in the way things are customarily done that enables an otherwise qualified individual with a disability to enjoy equal employment opportunities.

Page 4: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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The reasonable accommodation process is best understood as a means by which barriers to the equal opportunity of an individual with a disability are removed, reduced or alleviated.

“Reasonable Accommodation” 2

Page 5: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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The responsibility to provide reasonable accommodation in employment settings often fall into three categories:• Those that ensure equal opportunity in the application

process• Those that enable workers with disabilities to perform

a position’s essential functions• Those that enable workers with disabilities to enjoy

the same benefits and privileges of employment as enjoyed by workers without disabilities

“Reasonable Accommodation” 3

Page 6: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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The employer is not obligated to reallocate essential job functions. Essential functions are by definition those the individual who holds the position would have to perform, with or without reasonable accommodation, in order to be considered qualified.

“Reasonable Accommodation” 4

Page 7: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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Function

Vs

Method

“Reasonable Accommodation” 5

Page 8: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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7 Steps To Reasonable Accommodation

Page 9: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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7 Step Process

The suggested process is designed to address: Self-Determination Empowerment Confidentiality Documentation Individualized Assessment Interactive Process Good Faith Effort

Page 10: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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Step 1

Post Notification

Page 11: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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Step 2

Request Accommodations

Page 12: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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Step 3

Determine Eligibility & Safe-Keep Records

Page 13: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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Step 4

Analyze the Situation or Job Involved

Page 14: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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Step 5

Consult the Individual with Disability

Page 15: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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Step 6

Identify Accommodations

Page 16: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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Step 7

Consider the Individual’s Preference

Page 17: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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Examples

Examples of possible accommodations in employment:

• Job restructuring• Part-time or modified work schedules• Reassignment to a vacant position• Making existing facilities used by employees accessible

to individuals with disabilities• Acquisition of auxiliary aides, equipment and/or services• Appropriate adjustment of examinations, training

materials or policies

Page 18: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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More Examples

Examples of possible accommodations in employment:• Provide personal assistants to help with specific duties

related to the job• Allow an individual with a disability to provide and use

equipment, aids, or services that an employer is not required to provide

• Permitting use of accrued paid leave or providing additional unpaid leave for necessary treatment

• Changing when or how an essential function is performed

Page 19: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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Sensory Disability Examples

• Clear Expectations (long & short term)

• Qualified Interpreter

• Assistive Listening Devices

• Note-taker / Tape Recordings

• Printed Materials

• Telecommunication Device / Deaf

• Captioned Materials

Page 20: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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Mental Disability Examples

• Clear Expectations (short & long term)

• Flexible Schedule / Breaks

• Virtual Classroom / Work Station

• Tape Recordings / Notetaker

• Reduce Distractions (visual/auditory)

• Tutor / Mentor

• Positive Praise / Reinforcement

Page 21: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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Physical Disability Examples

• Accessible Facilities

• Proper Lighting

• Alternate Formats

• Ergonomic Workstation

• Transportation Assistance

Page 22: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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Visual Disability Examples

• Qualified Readers

• Audio Recordings

• Large Print

• Braille Materials

• ASCII Diskettes

• Transportation Assistance

Page 23: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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*Open Discussion &

Questions

Page 24: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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THANK YOU!

Page 25: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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*

Contact Information Please Feel Free to Reach Out to UsJill HoughtonDeputy DirectorSoutheast TACEActing Executive DirectorUSBLN(954) 461-4726 [voice][email protected]

Pamela WilliamsonDirectorDBTAC: Southeast ADA

Center(404) 541-9001 [voice][email protected]

Kathleen West-EvansDirector of Business Relations, The National Employment TeamCouncil of State Administrators of Vocational Rehabilitation (CSAVR)[email protected]

John Patrick EvansCertified Rehabilitation CounselorVocational Rehabilitation Administrator - Employer RelationsDSHS - Division of Vocational [email protected]

Page 26: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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Sponsors of Webinar Series

ADA National Network by DBTACWeb: adata.org

American Association of People with Disabilities (AAPD)Web: aapd.com

Council of State Administrators ofVocational Rehabilitation (CSAVR)- National Employment Team (NET)Web: rehabnetwork.org

U.S. Business Leadership NetworkWeb: usbln.org

Page 27: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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Education Credits - DEADLINE: June 24

CEU (0.1) Approved by the University College at Syracuse UniversityTo earn CEU credit, you must:1. Participate in the 1.5 hour webinar.2. Login to your Webinar Account & complete: CEU Request.3. Follow CEU Credit Requirements

(http://sedbtac.org/webinars/requestCEU.php?eventid=532).

CRCC (1.5) Approved by Commission on Rehabilitation Counselor

Certification (CRCC) To earn CRCC credit, you must:1. Participate in the 1.5 hour webinar.2. Login to your Account & score 80% or better on Post Test.3. Complete: CRCC Request and send a copy to the CRCC office.4. Follow CRCC Credit Requirements

(http://sedbtac.org/webinars/requestCRCC.php?eventid=532).

Page 28: Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans,

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University

Funded by NIDRR Grant # H133A060094. © 2011 All Rights Reserved

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DisclaimerThe DBTAC: Southeast ADA Center (Southeast DBTAC) is authorized by the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information, materials, and technical assistance to individuals and entities that are covered by the Americans with Disabilities Act and its Amendments (ADA) under Grant No. H133A060094. However, NIDRR is not responsible for enforcement of the ADA. For more information or assistance, contact your regional ADA Center via the ADA National Network by DBTAC at adata.org or call 1-800-949-4232 [voice/tty].

The 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 Act, nor binding on any agency with enforcement responsibility under the ADA. The Burton Blatt Institute (BBI) at Syracuse University does not warrant the accuracy of any information contained herein. Any links to non-BBI information are provided as a courtesy. They are not intended to nor do they constitute an endorsement by the BBI of the linked materials.