NAK IA SH IPPS IENA HE IGHTS UN IVERS ITY

A BEST PRACTICES MANAGEMENT TRAINING

TO INCREASE EMPLOYMENT OF PEOPLE WITH

DISABILITIES

DISABILITY DEFINITIONS

• Disability is an umbrella term to describe activity limitations, impairments, and participation restrictions.

• People with disabilities have long-term impairments that may be:

• Impairments interact with barriers to impede full & equal participation in society.

• Assistive devices /rehabilitation enable more independence.

• Worldwide 1 in 7 people live with disabilities• One billion people with disabilities globally.• 54 million Americans live with disabilities.

(World Health Organization, 2011)

• Intellectual • Mental

• Physical• Sensory

DIFFERENT TYPES OF DISABILITIES:CHRONIC ILLNESSES

• Chronic illnesses• Biological conditions/diseases• Generally have a long duration & slow progression

• Examples include:• Autoimmune diseases (e.g. lupus, rheumatoid arthritis)• Chronic respiratory diseases (e.g. asthma, chronic

obstructed pulmonary disease)• Cardiovascular diseases (e.g. heart attack)• Epilepsy• Diabetes• Cancers

(World Health Organization, 2011)

• Learning disabilities have primarily biologic/genetic causes• Can lead to difficulties in many activities

(Cotton, 2009):

• People with learning disabilities typically have average or above average intelligence (Cortiella & Horowitz, 2014)

DIFFERENT TYPES OF DISABILITIES:LEARNING DISABILITIES

• Reading• Writing• Concentrating• Mathematics

• Drawing• Time management• Organization of

materials

• Learning disabilities are the largest category of special education services.• Examples of learning disabilities include:

• Specific developmental disorders (e.g. dyslexia, dyscalculia, dysgraphia)• Processing disorders (e.g. auditory & visual

processing disorders)• Speech and language disorders (e.g.

stuttering, expressive language disorder)• Attention Deficit Hyperactivity Disorder

DIFFERENT TYPES OF DISABILITIES:LEARNING DISABILITIES, CONTINUED

(Cortiella & Horowitz, 2014).

• Psychological disabilities are conditions that cause distress and/or impairment in patterns of:

• Most psychological disabilities manifest in adulthood.

• In the US, approx. 29% of adults experience mild to severe mental disorder in any given year

• 48% of Americans report having experienced a mental disorder at any point in their life (Kessler et al., 1994)

DIFFERENT TYPES OF DISABILITIES:PSYCHOLOGICAL DISABILITIES

(American Psychiatric Association, 2003)

• Thought• Feeling

• Behavior

• Examples of psychological disabilities include:•

• Mood disorders (e.g. bipolar & depressive disorders)• Anxiety disorders (e.g. Generalized Anxiety Disorder,

phobias, panic disorder, obsessive compulsive and posttraumatic stress disorder)

• Psychosis disorders (e.g. schizophrenia)• Substance-related disorders (e.g. drug/alcohol

addiction) • Eating disorders (e.g. Anorexia and bulimia nervosa)• Personality disorders• Autism spectrum disorder

DIFFERENT TYPES OF DISABILITIES:PSYCHOLOGICAL DISABILITIES CONTINUED

(American Psychiatric Association, 2003)

• Physical disabilities may limit:

• Examples include:

DIFFERENT TYPES OF DISABILITIES:PHYSICAL DISABILITIES

(World Health Organization, 2011)

• Mobility• Dexterity• Senses

• Other aspects of physical functioning

• Blindness• Deafness• Loss of a limb/s

• Paraplegia and quadraplegia

US DISABILITY POLICY

• The Americans with Disabilities Act (ADA, 2008)

• The primary US civil rights legislation protecting people with disabilities from discrimination.

• The law has 5 sections.

http://www.ada.gov/index.html

US POLICY AND DISABILITY:THE ADA, CONTINUED

• ADA: Title I-employment• Prohibits discrimination

• “Against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment” (42 U.S.C. § 12112, 2008).

• Guarantees the right to reasonable accommodation in the workplace, without discrimination based on disability. http://www.ada.gov/index.html

US POLICY AND DISABILITY:THE ADA, CONTINUED

• ADA: Title II-public entities (and public transportation)• Requires state and local government

programs to be accessible.

• ADA: Title III-public accommodations (and commercial facilities)• Requires that any areas, goods, or services

used by the public are accessible.

http://www.ada.gov/index.html

US POLICY AND DISABILITY:THE ADA, CONTINUED

• ADA: Title IV-telecommunications• Sets rules for:• Television/video captioning• Communication assistants

• ADA: Title V-miscellaneous provisions• Prohibits retaliation or coercion against

people with disabilities for exercising their rights under the ADA.

http://www.ada.gov/index.html

POLICY CHANGES AFFECTING EMPLOYMENT OF PEOPLE WITH DISABILITIES

• In 2008 , legislative changes broadened the definition of disability in the Americans with Disabilities Act (ADA, 2008).

• Dramatic increases are anticipated in the number of workplace accommodation requests from people with chronic illness, learning, and psychological disabilities (Wilson & Krulewicz, 2009).

• Executive Order 13548 - Increasing Federal Employment of Individuals with Disabilities (Obama, 2010)

• Calls for dramatic increases in recruitment and hiring of individuals with disabilities• Develop model strategies for recruitment and hiring

• Increasing agencies' retention and return to work of individuals with disabilities

https://www.whitehouse.gov/the-press-office/executive-order-increasing-federal-employment-individuals-with-disabilities

POLICY CHANGES AFFECTING EMPLOYMENT OF PEOPLE WITH DISABILITIES

WORKPLACE ACCOMMODATIONS: ORGANIZATIONAL CULTURE

• Disabled employees who receive accommodations report significantly more satisfaction with their jobs (Balsar & Harris, 2008).

• Organizational culture can facilitate physical, attitudinal, and behavioral barriers or supports for people with disabilities (Schur, Kruse, & Blanck, 2005).

JOB ACCOMMODATION PROCESS: STEPS TO COLLABORATIVE SOLUTIONS

Steps to Successful Accommodations:•Notify Employees• The ADA (2008) mandates employers to

post notices describing the workplace requirements of the ADA.• Make sure all employees are aware

of/understand:• The process for accommodation requests• Workplace policies about disability

http://www.dol.gov/odep/pubs/misc/job.htm

JOB ACCOMMODATION PROCESS: STEPS TO COLLABORATIVE SOLUTIONS

Steps to Successful Accommodations, continued• Facilitate Requests• Employees seeking accommodations must:

• Make their employers aware of their need• Do not need to use the word “accommodation.”• Notification of the need for accommodations may be

verbal or in writing.

• Indicate what job tasks they have difficulty carrying out due to disability

http://www.dol.gov/odep/pubs/misc/job.htm

JOB ACCOMMODATION PROCESS: STEPS TO COLLABORATIVE SOLUTIONS

Steps to Successful Accommodations, continued• Analyze Jobs• Employers should maintain detailed job

descriptions, including essential duties and functions.• Job descriptions

• Consider all aspects of the job:

http://www.dol.gov/odep/pubs/misc/job.htm

• Specific tasks• Schedule• Location• Necessary

equipment• Health and safety

requirements• Conduct

requirements

• Focus on the job • Are not specific to a person

JOB ACCOMMODATION PROCESS: STEPS TO COLLABORATIVE SOLUTIONS

Steps to Successful Accommodations, continued• Identify Functional Limitations• The employer and the employee together should: • Discuss the employee’s functional limitations• Determine how functional limitations intersect with job

responsibilities

• Focus on essential job tasks and the physical functions needed to carry them out, not on the person’s disability.

• This discourse helps both parties identify the types of accommodations that may be helpful.http://www.dol.gov/odep/pubs/misc/job.htm

JOB ACCOMMODATION PROCESS: STEPS TO COLLABORATIVE SOLUTIONS

Steps to Successful Accommodations, continued• Determine Potential Accommodations• An employee may already know what

modifications they need to perform job task(s).

• Sometimes a creative, collaborative approach is needed to develop suitable accommodations.

http://www.dol.gov/odep/pubs/misc/job.htm

JOB ACCOMMODATION PROCESS: STEPS TO COLLABORATIVE SOLUTIONS

Steps to Successful Accommodations, continued• Determine Potential Accommodations,

continued

• Accommodations may include:

http://www.dol.gov/odep/pubs/misc/job.htm

• Adjustments to physical work environment

• Changes in the way a job is done/structured

• Modified workplace policies

• Adjusted work schedules

• Swapping/eliminating marginal functions

• Changes to corporate culture

JOB ACCOMMODATION PROCESS: STEPS TO COLLABORATIVE SOLUTIONS

Steps to Successful Accommodations, continued• Determine Reasonable Solutions

• The ADA (2008) requires employers to make reasonable accommodations for employees with disabilities.

• Undue hardship on the employer is the only exception.

http://www.dol.gov/odep/pubs/misc/job.htm

JOB ACCOMMODATION PROCESS: STEPS TO COLLABORATIVE SOLUTIONS

Steps to Successful Accommodations, continued• Determine Reasonable Solutions,

continued• Undue hardship includes situations

when the only accommodation possible is:

• Financially prohibitive

• Disruptive/unduly extensive

• Going to fundamentally alter the operation/nature of the businesshttp://www.dol.gov/odep/pubs/misc/job.htm

JOB ACCOMMODATION PROCESS: STEPS TO COLLABORATIVE SOLUTIONS

Steps to Successful Accommodations, continued• Make the Accommodation

• Employer has final say about which accommodation(s) are put into action.

• Based on factors including business feasibility, effectiveness, and cost.

http://www.dol.gov/odep/pubs/misc/job.htm

JOB ACCOMMODATION PROCESS: STEPS TO COLLABORATIVE SOLUTIONS

Steps to Successful Accommodations, continued• Make the Accommodation, continued

• Accommodations are most successful when:

• Employer and employee both participate in the process.

• The employee’s preferences and needs are considered when making decisions about which accommodations to implement.

http://www.dol.gov/odep/pubs/misc/job.htm

JOB ACCOMMODATION PROCESS: STEPS TO COLLABORATIVE SOLUTIONS

Steps to Successful Accommodations, continued• Monitor Effectiveness

• Accommodations don’t always produce the anticipated outcome.

• When an accommodation is not working, the employer and employee should start the job accommodation process again.

http://www.dol.gov/odep/pubs/misc/job.htm

JOB ACCOMMODATION PROCESS: STEPS TO COLLABORATIVE SOLUTIONS

Steps to Successful Accommodations, continued• Monitor Effectiveness, continued

• Collaboration improves the accommodations process.

• Requiring employers and employees to collaborate creatively about how job tasks are accomplished may help workplaces realize more effective strategies for all employees.

http://www.dol.gov/odep/pubs/misc/job.htm

JOB ACCOMMODATION PROCESS: STEPS TO COLLABORATIVE SOLUTIONS

Steps to Successful Accommodations, review:

• Notify Employees• Facilitate Requests• Analyze Jobs• Identify Functional Limitations• Determine Potential Accommodations• Determine Reasonable Solutions• Make the Accommodation• Monitor Effectiveness

• This is an ongoing process that should guide interactions with employees about their disability and accommodation(s).

http://www.dol.gov/odep/pubs/misc/job.htm

ADDITIONAL RESOURCES:JOB ACCOMMODATIONS NETWORK

• Job Accommodations Network • Database of accommodations

• Training hub: specialized local & remote trainings, webcasts, podcasts, exhibits, conferences

• Consultants provide confidential, free technical assistance to employers and people with disabilities about the ADA and all aspects of job accommodations

• http://askjan.org/JANonDemand.htm• (800)526-7234 (Voice) 

http://askjan.org/index.html

ADDITIONAL RESOURCES:THE CAMPAIGN FOR DISABILITY EMPLOYMENT 

• Collaborative effort• Encourages employers

to see the value of people with disabilities in the workplace

• Developed PSAs• "Who I Am“ People not

defined by disabilities• "Because“ Mentors

inspire success for people with disabilities

• "I Can“ Highlights abilities and value of people with disabilities in the workplace http://www.whatcanyoudocampaign.org

• 110th Congress of the United States. Americans with Disabilities Act Amendments, Authenticated U.S. Government Information 1–325 (2008). United States. Retrieved from http://www.gpo.gov.

• American Psychiatric Association. (2013). Diagnostic and statistical manual of mental disorders (5th ed.). Washington, DC: Author.

• Balser, D. B., & Harris, M. M. (2008). Factors affecting employee satisfaction with disability accommodation: A field study. Employee Responsibilities and Rights Journal, 20(1), 13-28.

• Cotton, S. (2009). Breaking down the barriers: Strategies to assist apprentices with a learning disability. Adelaide, SA.

• Cortiella, C., & Horowitz, S. H. (2014). The state of learning disabilities: Facts, trends and emerging Issues. National Center for Learning Disabilities (pp. 1–52). New York, NY. Retrieved from http://gradnation.org/sites/default/files/The State of Learning Disabilities.pdf

REFERENCES

• Kessler, R. C., McGonagle, K. A., Zhao, S., Nelson, C. B., Hughes, M., Eshleman, S., ... & Kendler, K. S. (1994). Lifetime and 12-month prevalence of DSM-III-R psychiatric disorders in the United States: results from the National Comorbidity Survey. Archives of general psychiatry, 51(1), 8-19.

• President Barak Obama. (2010). Increasing federal employment of individuals with disabilities. Federal Register, 75(146), 45039–45041.

• Schur, L., Kruse, D., & Blanck, P. (2005). Corporate culture and the employment of persons with disabilities. Behavioral Sciences & the Law, 23(1), 3-20. doi: 10.1002/bsl.624

• Wilson, S., & Krulewicz, D. (2009). Disabling the ADAAA. New Jersey Lawyer, 31–35.

• World Health Organization. (2011). World report on disability (p. 350). Geneva, Switzerland. doi:10.1016/S0140-6736(11)60844-1

REFERENCES, CONTINUED