Best Practices for Hiring and Retaining Wounded Warriors and Caregivers

presented by

Paralyzed Veterans of America

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Disability Employment Experts

David GalboAssociate Director of ArchitectureParalyzed Veterans of America

Susan ProkopAssociate Advocacy DirectorParalyzed Veterans of America

Shelly EdwardsAssociate Director Operation PAVEParalyzed Veterans of America

Disability Awareness

Veterans & Disability: The Numbers

22 Million US Veterans 56 Million Disabled Americans

3.2 Million Disabled US Veterans

Disability Awareness

Unemployment & Labor Force Participation Rates for Gulf War era II Veterans

Source: Department of Labor, Bureau of Labor Statistics, Employment Situation of Veterans Summary. Released March 20, 2014. http://www.bls.gov/news.release/vet.nr0.htm

Disabled VeteransNon-Disabled Veterans

Caregivers – Unique Issues and Challenges

9% of U.S. adults are caregivers16.9 Mcivilian caregivers4.4 M pre-9/11 military caregivers1.1 M post-9/11 military caregivers

Source: National survey of caregivers of adults in the U.S. with findings presented in Ramchand R, Tanielian T. et al., Hidden Heroes: America’s Military Caregivers. RAND Corporation, 2013 (available at www.rand.org/military-caregivers)

Caregivers are often “invisible” in the workplace Caregivers must strategize around the critical and

unpredictable needs of their loved ones

Disability Awareness

Military veterans and military caregivers come from a culture that intensely values loyalty… turn that quality in an asset for your firm-and increase workforce retention

Accessibility, accommodation and flexibility are desirable employer traits for ALL prospective employees – not just those with disabilities

Demonstrating your corporate commitment to making a difference in the lives of veterans with disabilities and their caregivers is good for business

Disability Compliance Is The Law - But Also An Asset

Win-Win Scenarios

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ADA In GeneralTitle I : Employment

Title II : State and Local Government Services and Public Transportation

Title III : Public Accommodations and Commercial Facilities

Title IV : Telecommunications

Title V : Retaliation, Technical Assistance, and Miscellaneous Provisions

Americans with Disabilities ActThe Basics

The ADA has 5 different Sections called “Titles”

We are focused on Title I: EmploymentTitle I of the Americans with Disabilities Act (ADA) of 1990 prohibits covered entities from discriminating against covered individuals in

all covered employment practices

Requirements & Incentives

For Federal Contractors Section 503- recruitment &hiring people with disabilities VEVRAA- Recruitment & Hiring Veterans [including veterans with

disabilities] OFCCP Resources

For Federal Agencies Section 501 Recruiting & Hiring Obligations Schedule A Hiring Authority

Business Deductions Disabled Access Credit Architectural Barrier Removal Tax Deduction Work Opportunity Tax Credit

Special Hiring Authorities and Tax Benefits

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Reasonable AccommodationsThe Basics

Reasonable Accommodations fall into 3 categories

Modifications or adjustments to a job application process that enable a qualified individual with a disability to be considered for the position

Modifications or adjustments to the work environment or circumstances under which the position held that enable a qualified individual with a disability to perform the essential functions of that position

Modifications or adjustments that enable a covered individual to enjoy equal benefits and privileges of a covered entity’s similarly situated employees without disabilities

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Reasonable AccommodationsEmployer Responsibilities

Pre-employment self-identification: This applies to Federal contractors and subcontractors covered by the Affirmative Action Requirements of the Rehabilitation Act of 1973 and the VEVRAA

Post-employment requests: This occurs when an employee with a disability makes a request for an accommodation after they have been hired.

Exceptions exist: Undue hardship and accommodations that would drastically change the nature of a job are both examples of lawful limitations to providing accommodations

An employer is required to provide Reasonable Accommodations to individuals with known disabilities.

Individuals can identify their disabilities through:

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Community Resources

Job Accommodation Network: www.askjan.org

Centers for Independent Living: www.ncil.org

Protection & Advocacy Programs for people with disabilities

Rehabilitation Engineering and Assistive Technology Society of North America (RESNA) and ADA Centers

A number of resources are available to help employers understand how to provide Reasonable

Accommodations

Federal Programs

A number of federal programs are designed to help you hire and retain employees with disabilities

Existing Programs Lifespan Respite Programs Family and Medical Leave Act (FMLA) Veterans Employment Opportunity Act

Proposed Legislation Social Security Caregiver Act Military & Veteran Caregiver Services Improvement Act Work Opportunity Tax Credit Extension

What is Accessible?

Able to be reached or approached Able to be used or obtained Easy to appreciate or understand

“Accessibility is not just about providing access for people with disabilities,

It’s about providing access to people with disabilities.”

-Noelle Richardson, Chief Diversity OfficerMinistry of the Attorney General, Ontario, Canada

Accessible Means…

Required Since1980 in State and Local Building Codes1992 by the Americans with Disabilities Act (ADA)

Public & Commercial FacilitiesOffices, Health Care Centers, Schools, Hospitality, Food Service, Retail Stores

Accessible Buildings & Facilities IncludeParking Lots, Sidewalks, Entrances, Stairs &Elevators, Doorways, Restrooms, Rooms & Spaces, Communication Elements, etc.

Workplace Accommodations IncludeOffices & Shared Workspaces, Conference Rooms, Stairs & Elevators, Restrooms, Break Rooms, Cafeterias

Accessible Buildings & Facilities

Workplace Accessibility

Accommodations May Include Accessible Building Features Adaptations Help or Assistance Assistive Technology

Best Practices Use a team approach that includes elements of: Human Resource Information Technology Facilities and Operations- Management

Reasonable Accommodations Allow Employees to Be More Productive

Benefits of Accommodations

Job Accommodations Network (JAN), US Dept. of Labor StudyLow Cost- High Impact, employers in the study reported that a high percentage (58%) of accommodations cost absolutely nothing to make, while the rest typically cost only $500

Further Findings 90% Retained a Valued Employee 71% Increased Employee’s Productivity 61% Saved Cost of Training New Employee 64% Improved Co-worker Interactions 30% Increased Profitability 17% Increased Customer Base

For each $1 spent on accommodations, employers save $10 in benefits

Source: Sept. 2013 Job Accommodation Network Study ‘Workplace Accommodations: Low Cost, High Impact’ by Dr. Beth Loy

Corporate Benefits

Ways Employers Benefit from Accommodations

Majority of disabled Post 9/11 Veterans don’t work

You can see all disabilities

Veterans are less educated than non-Veterans

Common Misperceptions

Myths FactsMost disabled veterans of working age (18 to 65) are employed—but their labor force participation rate is lower than that of their nondisabled counterparts.

Invisible wounds (i.e., PTSD, TBI) are increasingly more common

On average, veterans are more educated than the civilian workforce, and also bring unique training, experience and skills from their military careers

Interviewing Veterans

Making the Most of the Interview Process

Interview a veteran (and a caregiver) like you would a civilian candidate – ask about their experiences and achievements that matter most to the specific position

Don’t ask questions about a veteran’s type of discharge, current military status or potential disabilities

Describe the veteran (and caregiver) friendly policies and programs in your company (i.e., veteran affinity groups, veteran mentors, flexible work arrangements, access to referrals and resources, etc.)

Military veterans and military caregivers come from a culture that intensely values loyalty… turn that quality in an asset for your firm-and increase workforce retention

Accessibility, accommodation and flexibility are desirable employer traits for ALL prospective employees – not just those with disabilities

Demonstrating your corporate commitment to making a difference in the lives of veterans with disabilities and their caregivers is good for business

Disability Compliance Is The Law - But Also An Asset

Seeking Win-Win Scenarios

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Questions?

David GalboAssociate Director of Architecturedavidg@pva.org202.416.7725

Susan ProkopAssociate Advocacy Directorsusanp@pva.org202.416.7707

Shelly EdwardsAssociate Director Operation PAVEshellye@pva.org202.416.7686

Additional Information and Resources

Veteran Distribution

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Employers: An organization with 15+ paid employees for each working day in 20+ calendar weeks in a calendar year

Employment Agencies: A company which matched the needs of an employer to a worker having the required skill set

Labor Organizations: An organization with 15+ members existing for the purpose of dealing with employers concerning terms and conditions of employment

Joint Labor-Management Committees: An entity that controls apprenticeship or other training or retraining programs, including on-the-job training programs.

Americans with Disabilities ActTitle I Covered Entities

Covered entities are groups that must comply with the law, and include the following:

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Americans with Disabilities ActCovered Individuals

Covered individuals are qualified individuals with disabilities and include the following:

A person with a physical or mental impairment that substantially limits one or more major life activities: Epilepsy, paralysis, HIV infection, AIDS, a substantial hearing/visual impairment, mental retardation, specific learning disabilities, etc.

A person who has a record of such an impairment: Individuals who have recovered from cancer or a mental illness

A person who is regarded as having such an impairment: Individuals with severe physical disfigurements

Persons with a known association with an individual with a disability: A person who has a spouse or family member with a disability, or a person who interacts with disabled persons through volunteer/charity work

Americans with Disabilities ActCovered Employment Practices

Discrimination is prohibited in all covered practices and activities which includes the following:

All employment-related activities:

All terms, conditions, and privileges of employment:

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Americans with Disabilities ActLimitations of Drug/Alcohol Use

Are individuals who currently use illegal drugs covered by the ADA? No. Individuals who currently engage in the illegal use of drugs

are specifically excluded from the definition of a "qualified individual with a disability" protected by the ADA

Is it legal to test individuals for the illegal drug use under the ADA?

Yes. A test for the illegal use of drugs is not considered a medical examination under the ADA, so employers may conduct drug tests and make employment decisions based on the results

Are alcoholics covered by the ADA? Yes. An alcoholic is protected by the ADA if they are qualified to

perform the essential functions of the job. However, an employer can discipline or deny employment to an alcoholic whose use of alcohol adversely affects job performance or conduct

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Americans with Disabilities ActDisability Discrimination

Across all terms, conditions, and privileges of employment Across all employment related activities Through harassment so frequent/severe that it creates a hostile

work environment or results in an adverse employment decision If an employer fails to provide Reasonable Accommodation to an

individual

Disability discrimination occurs when an ADA covered entity treats an ADA covered individual unfavorably because of said individual’s disability.

Disability discrimination can occur in the following situations:

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Accommodation ProcessProcess Overview

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Accommodation ProcessProcess Overview

Points to RememberReasonable Accommodations must be based on the particular facts of each caseIn each case, they employer must aim to provide the opportunity for individuals both with and without disabilities to achieve equal levels of performanceAn individual with a disability may request a Reasonable Accommodation at any time during the application process or during the period of employment.To request accommodation, an individual may use "plain English" and need not mention the ADA or the phrase “Reasonable Accommodation”

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Accommodation ProcessProcess Overview

Points to RememberThe employer may ask the individual relevant questions that will enable the employer to make an informed decision about the requestThe employer and the individual should engage in an interactive process as quickly as possible once the employee requests a Reasonable Accommodation

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Accommodation ProcessProcess Overview

Points to RememberThe disability and/or the type of accommodation required may be obvious, and thus there may be little or no need to engage in any discussionThe disability and/or the need for accommodation may not be obvious, so the employer may need to ask questions concerning the nature of the disabilityThe employer may ask the individual for reasonable documentation about his/her disability and functional limitationsAll medical information collected must remain confidential during this process, regardless of where the information comes from

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Accommodation ProcessProcess Overview

Points to RememberThe individual may suggest the employer provides specific types of Reasonable Accommodations The employer may offer alternative suggestions for Reasonable Accommodations if certain ones would incur undue hardshipsIf there are two possible reasonable accommodations and one is more burdensome than the other, the employer may choose the less burdensome as long as it is effectiveIf there are two or more effective accommodations, the employer may choose the one that is easier to provide

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Accommodation ProcessProcess Overview

Points to RememberAn employer should respond expeditiously to a request for Reasonable AccommodationThe employer should act promptly to provide the Reasonable AccommodationUnnecessary delays can result in a violation of the ADA

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Accommodation ProcessImportant Points to Remember

May someone other than the individual with a disability request a Reasonable Accommodation on behalf of the individual?

Yes. A family member, friend, health professional, or other representative may request a Reasonable Accommodation on behalf of an individual with a disability

Do requests for Reasonable Accommodation need to be in writing?

No. Individuals may request accommodations in conversation or may use any other mode of communication

May an employer ask an individual for documentation when the individual requests Reasonable Accommodation?

Yes. The employer is entitled to know that the individual has a covered disability and may ask the individual for documentation if the disability is not obvious

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Accommodation ProcessImportant Points to Remember

Rules and their enforcement must meet the following criteria:

Evenly Applied Consistently Apply Consistent Standards Job-related Consistent with business necessity Non-Discriminatory

However, employers do not have to reduce quantity or quality expectations as a result of Reasonable Accommodations:

Forgiving past misconduct is generally not a Reasonable Accommodation for unknown disabilities

Tolerating abusive or violent behaviors is not required Employers should examine whether Reasonable

Accommodations will aid compliance in the future

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Accommodation ProcessImportant Points to Remember

Final tips for employers who are hiring individuals under the ADA:

Avoid harassment and reverse discrimination: Coworker or supervisor resentment toward accommodated workers is not uncommon

Avoid retaliation: Do not place someone under a microscope after they disclose a disability.

Reassess pre-employment tests: Are they related directly to the to the essential functions of a job?

Eliminate rigid leave policies: Remember to treat all requests on a case-by-case basis

Review centralized decision-making processes: Take personality conflicts out of the accommodation process

Be creative and flexible: Engage the individual throughout the accommodation process

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Accommodation ProcessThe Benefits

By providing Reasonable Accommodations, employers will realize the following interpersonal benefits:

Increased employee and company productivity Improved interactions between employee and coworkers Increased company morale

By providing Reasonable Accommodations, employers will realize the following quantitative benefits:

58% of Reasonable Accommodations have no associated cost, and 36% have a one-time associated cost averaging $500

76% of individuals with disabilities claim Reasonable Accommodations are “very effective” or “extremely effective”

For each $1 spent on accommodations, employees save $10 in benefits

Example Accommodations

• Reduce distractions in the work area• Provide space enclosures or a private office• Allow for use of white noise or environmental sound

machines• Allow the employee to play soothing music using a cassette

player and headset• Increase natural lighting or provide full spectrum lighting• Reduce clutter in the employee’s work environment• Plan for uninterrupted work time• Divide large assignments into smaller tasks and steps• Restructure job to include only essential functions

Example Accommodations

• Make daily TO-DO lists and check items off as they are completed

• Use several calendars to mark meetings and deadlines• Remind employee of important deadlines via memos or e-mail

or weekly supervision• Use a watch or pager with timer capability• Use electronic organizers • Divide large assignments into smaller tasks and steps• Assign a mentor to assist employee in determining goals and

provide daily guidance• Schedule weekly meetings with supervisor, manager, or mentor

to determine if goals are being met

Example Accommodations

• Allow the employee to tape record meetings• Provide type written minutes of each meeting• Use notebooks, calendars, or sticky notes to record information

for easy retrieval• Provide written as well as verbal instructions• Allow additional training time• Provide written checklists and use color-coding to help identify

items• Post instructions close to frequently used equipment

• Permit flexible scheduling, teleworking, allow longer or more frequent work breaks, tele-health appointments

• Provide additional time to learn new responsibilities • Provide self-paced workload• Provide backup coverage for when the employee needs to take

breaks• Allow for time off for counseling • Allow for use of supportive employment and job coaches • Allow employee to work from home during part of the day • Provide for job sharing opportunities • Allow part-time work schedules

Example Accommodations