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Independent Living Research Utilization A Program of TIRR Memorial Hermann 1-800-949-4232 Americans with Disabilities Act Successful Reasonable Accommodation.

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Presentation on theme: "Independent Living Research Utilization A Program of TIRR Memorial Hermann 1-800-949-4232 Americans with Disabilities Act Successful Reasonable Accommodation."— Presentation transcript:

1 Independent Living Research Utilization A Program of TIRR Memorial Hermann Americans with Disabilities Act Successful Reasonable Accommodation Process Title I – Employment Southwest ADA Center PRESENTER: Julie Ballinger, Southwest ADA Center Regional Affiliate Disability Rights and Issues Consultant StarReach Enterprises The information herein is intended solely as informal guidance and is neither a determination of your legal rights or responsibilities under the Act, nor binding on any agency with enforcement responsibility under the ADA.

2 Independent Living Research Utilization A Program of TIRR Memorial Hermann The ADA Resource!  The Leading Resource On ADA & ADAAA Other disability related laws such as IDEA Making information technology accessible  Services a wide range of audiences including employers businesses government agencies WIA Workforce System schools people with disabilities  Expert staff are available to provide training, publications and respond to your inquiries.  Hot Line:  Web Site:  Check out the Archived Webinars and Podcasts!

3 Independent Living Research Utilization A Program of TIRR Memorial Hermann Housekeeping  Training Process and Goals Training is 3 hours Ask questions / Interactive discussion / Learn from each other Raise to the level of participants existing knowledge Interactive Exercises Not about getting through the whole PowerPoint – only a framework to advance what you want to explore / examine  Is designed to have extensive info for future reference  Materials PowerPoint (includes Resources) Evaluation Possible Pre & Post Survey 3

4 Independent Living Research Utilization A Program of TIRR Memorial Hermann The PowerPoint Contents Note: Model Reasonable Accommodation Policy on SPO website  Employment Trend: Why Create a Culture of Inclusion?  Covered Entities - Public vs. private employer requirements  Brief overview of who is covered now (ADAAA)  Important EEOC guidance documents  Getting to the workplace accommodations process  Disability Inquiries  Enacting and satisfying the reasonable accommodations process and requirements  What is unreasonable?  Qualification/performance and conduct standards  Direct threat and reasonable accommodations  Undue hardship  Policy and Procedure Models and Webcast  Best practices and successful reasonable accommodations process tips  Interactive Exercise  Appendix Types of accommodations - including the not so obvious GREAT ADA Technical Assistant resources

5 Independent Living Research Utilization A Program of TIRR Memorial Hermann QUESTIONS? Ask Anytime

6 Independent Living Research Utilization A Program of TIRR Memorial Hermann The Business / Employment Case Why Create A Culture of Inclusion?  18 to 20 percent of Americans have a disability. The largest percentage (70%) of disabilities are those that are hidden.  Some 58 million adults, 34 percent of people age 18 to 65, have at least one chronic condition and 19 million adults (11%) have two or more chronic conditions.  It is estimated that by the year 2020 half of the U.S. population will have at least one chronic condition and one-quarter will be living with multiple chronic conditions.  On January 1, 2011, the first of the 83 million-strong wave of “boomers” began to reach retirement age and every day approximately 10,000 more employees reach this milestone. Many of these employees will retire creating a shortage of workers in various industries.  In the next 5 years, there will be about 10 million more jobs than people to fill them. 6

7 Independent Living Research Utilization A Program of TIRR Memorial Hermann The ADA “This Act is powerful in its simplicity. It will ensure that people with disabilities are given the basic guarantees for which they have worked so hard: independence, freedom of choice, control of their lives, and the opportunity to blend fully and equally into the rich mosaic of the American mainstream.” President George Bush at the Signing of the American with Disabilities Act of 1990

8 Independent Living Research Utilization A Program of TIRR Memorial Hermann Sociological Perspective of Access  Categorization/labeling of some people as “disabled” and others as “non-disabled” depends upon society’s relative ideas: what activities people should be able to do and how they should be able to do it Just imagine……what if………

9 Independent Living Research Utilization A Program of TIRR Memorial Hermann Public vs. Private Employer  Private Employers = ADA Title I 15 or more employees (also check your state/city law)  Government Employers = ADA & Rehab Act Sec. 504 Covered regardless of number of employees Obligations under 504 are essentially the same as the ADA:  require formalized documentation of compliance efforts  appointment of a 504/ADA Coordinator  establishment of grievance procedures to address disability-related complaints, including those of employees  Widely publicize the grievance procedures throughout the institution  Also covered Employment agencies labor organizations joint labor management committees

10 Independent Living Research Utilization A Program of TIRR Memorial Hermann Definition of Disability - ADA Amendments Act Signed September 25, 2008 / Enacted January 1, 2009 Regulations Published March 11, 2011 / Regulations Effective May 24, 2011 Negates US Supreme Court Rulings that narrowed the definition of disability The ADAAA retains without amendment the existing definition of the term “disability” but clarifies the key words and phrases in the definition. The term “disability” means, with respect to an individual  who has a physical or mental impairment that substantially limits one or more major life activities; or  has a record of such an impairment; or  is regarded as having such an impairment-even if he or she does not, in fact, have such an impairment (actual or perceived)  Also covered are individuals who are discriminated against due to their association with a person with a disability.

11 Independent Living Research Utilization A Program of TIRR Memorial Hermann Major Life Activities (examples and non-exhaustive list) GENERAL  caring for oneself  performing manual tasks  seeing  hearing  eating  sleeping  walking  standing  lifting  bending  speaking  breathing  learning  reading  concentrating  thinking  communicating  working MAJOR BODILY FUNCTIONS  immune system  normal cell growth  digestive  bowel  bladder  neurological  brain  respiratory  circulatory  endocrine  reproductive functions

12 Independent Living Research Utilization A Program of TIRR Memorial Hermann ADAAA - Who is protected?  The definition of disability = broader coverage – Major life activities now includes bodily functions.  “Substantially limits” to be interpreted consistently with the ADAAA (rejects “prevent or severely restrict” = too demanding)  Substantially limits = only one major life activity has to be limited  Episodic or in-remission impairment covered if substantially limits a major life activity when active  Eliminates ‘mitigating measures’ test  Only mitigating measures that can be considered = ordinary eyeglasses or contact lenses = fully correct visual acuity or refractive error No discrimination on the basis of uncorrected vision in determining qualification standards/selection criteria -- unless job related & consistent with business necessity.  Individuals who are otherwise qualified and can prove discrimination are entitled to relief.

13 Independent Living Research Utilization A Program of TIRR Memorial Hermann Substantial Limitation  An individual is substantially limited in a major life activity If the individual is substantially limited (consistent with the ADAAA) as to the condition, manner, or duration in performing a particular major life activity As compared to the condition or manner under which the average person in the general population can perform that same major life activity. Intent of Congress = courts to focus on if covered entities have complied with their obligations (not on intensive analysis of disability)

14 Independent Living Research Utilization A Program of TIRR Memorial Hermann Record of Disability / “Regarded As”  “Record of” no specific changes in the ADAAA EEOC’s long-held position that accommodation available for “record of” if still needed  “Regarded As” An individual meets this requirement if discriminated against because of an actual or perceived physical or mental impairment Whether or not the impairment limits or is perceived to limit a major life activity ADAAA intent = discrimination on the basis of disability Don’t have to provide reasonable accommodations to individuals who are considered “regarded as”

15 Independent Living Research Utilization A Program of TIRR Memorial Hermann Transitory And Minor Impairments  Impairments that are not usually disabilities  Temporary, non-chronic impairments of short duration with little or no residual effects (such as the common cold, seasonal or common influenza, a sprained joint) usually will not substantially limit a major life activity.  “Regarded As” does NOT apply if:  The impairment is both transitory AND minor.  lasting or expected to last for six months or less rule – only applies to Regarded As  NOTE: Actual Disability  An impairment may substantially limit a major life activity even if it lasts, or is expected to last for fewer then six months and reasonable accommodations may need to be provided  Example: Employee has 2 broken arms from a car accident that are expected to heal within 4 to 6 months.

16 Independent Living Research Utilization A Program of TIRR Memorial Hermann For additional information and detail guidance on the ADAAA go to Questions and Answers on the Final Rule Implementing the ADA Amendments Act of Fact Sheet on the EEOC’s Final Regulations Implementing the ADAAA Final Regulations Implementing the ADAAA implement-the-equal-employment-provisions-of-the-americans-with-disabilities-act-as The ADA Amendments Act can be found on the EEOC website 16

17 Independent Living Research Utilization A Program of TIRR Memorial Hermann The ADA Coverage Exclusions  current illegal drug addiction / psychoactive substance use disorders resulting from current illegal use of drug  compulsive gambling  pedophilia / exhibitionism / voyeurism / other sexual behavior disorders  kleptomania  pyromania  gender identity not resulting from a physical condition*  Transvestitism*  Transsexualism* *Remember the ADA was passed in 1990 when little was known or accepted and would have been considered an excluded impairment

18 Independent Living Research Utilization A Program of TIRR Memorial Hermann Important Technical Assistance Guidance from EEOC that I will be referencing  ADA Enforcement Guidance: Pre-employment Disability-Related Questions and Medical Examinations  EEOC Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act  The Family and Medical Leave Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of  The Americans With Disabilities Act: Applying Performance And Conduct Standards To Employees With Disabilities 18

19 Independent Living Research Utilization A Program of TIRR Memorial Hermann Reasonable Accommodation Policy Approach Creating a Culture of Access and Inclusion SAY  Yes when you can and no when you have to. rather than  No when you can and yes when you have to. Be aware of any negative stereotypes and stigma you may have, even if unintentional 19

20 Independent Living Research Utilization A Program of TIRR Memorial Hermann The ADA requires reasonable accommodation in three aspects of employment 1. To ensure equal opportunity in the application process, 2. To enable a qualified individual with a disability to perform the essential functions of a job, 3. To enable an employee with a disability to enjoy equal benefits and privileges of employment.

21 Independent Living Research Utilization A Program of TIRR Memorial Hermann Getting to the Workplace Accommodation  Before even considering reasonable Accommodation First ask “Is this an ADA issue?”

22 Independent Living Research Utilization A Program of TIRR Memorial Hermann Determining If You Have an ADA Issue Relevant portions of the ADA require:  an employer;  to provide reasonable accommodation;  to otherwise qualified individuals;  with disabilities;  who are employees or applicants for employment;  unless to do so would cause undue hardship.

23 Independent Living Research Utilization A Program of TIRR Memorial Hermann For Each Employee Go Back to the Basics!  Does the individual have a Disability?  Is the individual otherwise Qualified?  Is the accommodation needed Reasonable to do the essential job functions or to apply for the job?  Does the accommodation Remove application or employment barriers?  Is the accommodation made being monitored to make sure it Remains Effective?

24 Independent Living Research Utilization A Program of TIRR Memorial Hermann Is there a disability? How do you know? 3 Stages of Employment & Disability Inquiries 1.Application 2.Post-offer - Pre-employment ADA Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations 3. Employment EEOC Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act (ADA) Confidentiality Requirements – disability/medical info separate from personnel file RA Policies & Procedures address each of these 3 stages?

25 Independent Living Research Utilization A Program of TIRR Memorial Hermann Is the Individual “Otherwise Qualified”  Have the skill, experience, education, and other job- related requirements of the position, and who, with reasonable accommodation, if needed, can perform the essential function of the job.  Ask: What are all the job-related qualifications? Are they all listed on the job description?  Review job descriptions What steps were taken to ensure that each qualification is actually job-related? What are the screening tools to disqualify on a non-disability-related basis? ( ie: criminal history and drug tests).

26 Independent Living Research Utilization A Program of TIRR Memorial Hermann Process …… and the first 3 minutes of the interactive process  RA Policies &Procedures Make sure to include a process to monitor how accommodations are working and how leave as an RA interacts with FMLA  Individual must let employer know that an adjustment or change is needed for a medical condition. Employer is not required to assume disability  Not obligated to observe an employee for any behavior that may be disability related, and then decide the employee is disabled.  The Request (No Magic Words) is the First Step in the interactive process between the individual and employer Can be made by others (family member, friend) or by employer or other employee observation.  Does not need to be in writing to start the process

27 Independent Living Research Utilization A Program of TIRR Memorial Hermann What Satisfies Accommodation Requirements?  Don’t have to give accommodation requested by employee but the….  Accommodation must be EFFECTIVE must enable the employee to perform the essential functions of the job; must enable applicant with a disability to have an equal opportunity to participate in the application process; and must enable employee to enjoy privileges and benefits of employment.

28 Independent Living Research Utilization A Program of TIRR Memorial Hermann “UN”Reasonable Accommodations  Eliminating essential functions of the job  Lowering production standards  Personal use items (i.e.: prosthetic limb, eyeglasses, hearing aids, wheelchair)  Placing a disabled applicant in job for which he/she did not specifically apply  Placing a disabled individual into a job if doing so would create a direct threat to the health or safety of the individual or others (risk cannot be lowered to acceptable level with reasonable accommodation)  Maintaining the salary of an employee reassigned from a higher-paying job to a lower-paying one if the employer does not do so for non-disabled.  Creating a job  Bumping another employee from his/her job

29 Independent Living Research Utilization A Program of TIRR Memorial Hermann Qualification / Performance Requirements & Conduct Standards Qualification / Performance must be:  job related  consistent with business necessity  the qualification standards that are:  truly reflected in what is expected  performed in the actual workplace  Based on essential job functions only (not marginal functions) Conduct Standards  unacceptable workplace conduct can be enforced EEOC Guidance: The Americans With Disabilities Act: Applying Performance And Conduct Standards To Employees With Disabilities

30 Independent Living Research Utilization A Program of TIRR Memorial Hermann Direct Threat and Reasonable Accommodations  If an individual poses a Direct Threat significant risk of substantial harm to the health and safety of the individual or others the employer must determine whether a reasonable accommodation would either eliminate the risk or reduce the risk to where substantial harm no longer exists.

31 Independent Living Research Utilization A Program of TIRR Memorial Hermann Undue Hardship The responsibility of an employer to provide reasonable accommodation is limited to those situations that would not cause an undue hardship.  Limitations costly or unduly extensive or Substantial or Disruptive or those that would fundamentally alter the nature or operation of the business

32 Independent Living Research Utilization A Program of TIRR Memorial Hermann Determining Undue Hardship  The employer is the one who is required to show that an accommodation is an undue hardship. must consider whether there is an alternative accommodation that would not impose such hardship.  Employers must determine undue hardship on a case by case basis consider the undue hardship in relation to the size of the employer, the resources available, and the nature of the operation. The employer should also factor in the effect of tax incentives on the cost of an accommodation before making an undue hardship determination.  Assessment of undue hardship is an ongoing process as resources and situations change.

33 Independent Living Research Utilization A Program of TIRR Memorial Hermann RA Policy and Procedure Ingredients  Clearly state the employer complies with the ADA  Definition of disability  Definition of reasonable accommodation  Accommodation process Training Who is responsible for what (job candidates, employee, supervisors, HR, etc) How the process is communicated to applicants and employees How the request needs to be made Responding to the request Monitoring the effectiveness of the accommodation given Accommodation rejection Appeal process Documentation of the process

34 Independent Living Research Utilization A Program of TIRR Memorial Hermann Policy and Procedure Models and Webcast DBTAC Southwest ADA Center  “Developing a Successful Reasonable Accommodation Process” webcast (part 1 and part 2) and model policies  You will find the two model RA P&P under Part 1 webcast (and the Part 1 Power Point). Small Business Model Reasonable Accommodation Policy Title II State and Local Government Procedures Model Reasonable Accommodation Policy  DBTAC/index.html DBTAC/index.html  For Part 2 webcast PowerPoint:

35 Independent Living Research Utilization A Program of TIRR Memorial Hermann Successful RA Process Tips! Creating a Culture of Access and Inclusion  Securing support from the top - including high level administrators. Compliance efforts must be system-wide, centralized, concerted and coordinated authority needs to be centralized to ensure consistent application of programs, policies and procedures.  Appoint a Task Force While not required by the ADA or 504 it may be wise to appoint an organization-wide Task Force.  Utilize the expertise, ideas and input from staff at all levels plus research ADA resources.  Invite individuals with disabilities, and external customers as “consultants” to the group.  Employees will then have an internal, informal access point rather than starting their complaint process outside the organization with legal counsel or other third parties.

36 Independent Living Research Utilization A Program of TIRR Memorial Hermann  Review policies, procedures, and forms Review application forms and recruiting & hiring practices  include qualification standards & selection criteria, upgrading, promotion, demotion, transfer, layoff, termination and rehiring procedures. Interviewers need to know what they can and can’t ask AND when they can and can’t ask disability-related questions. Review record keeping requirements and the need for confidentiality of information obtained during medical examinations.  Assess Benefits programs medical, hospital, accident, life insurance, & retirement programs Workers compensation, FMLA and return to work programs. Recreation, education and employer sponsored social activities must be accessible. Successful RA Process Tips!

37 Independent Living Research Utilization A Program of TIRR Memorial Hermann  Conduct technology and physical audits of the workplace Lunchrooms, lounges, bathrooms, and parking must be accessible to all employees. Information technology, including the web, software and hardware should be accessible as well.  Review job descriptions Section 504 nor the ADA require written job descriptions. But most of the literature suggests that properly prepared job descriptions are critical in complying with the regulations. Job descriptions can be a valuable tool in the recruitment, selection, hiring, and accommodation assessments needed for successful programs. Job descriptions are a road map for supervisors, interviewers, even applicants and employees throughout the employment process. Successful RA Process Tips!

38 Independent Living Research Utilization A Program of TIRR Memorial Hermann  Develop a process for making accommodations and determining undue hardship The process must be on a case-by-case basis but within a structured system for making assessments. Employment decisions must be based on the abilities of individual applicants or employees, and not on presumptions about what individuals with disabilities can or cannot do.  Develop training programs and manuals Training is key - at all levels of the organization. All employees should be trained: interviewers, hiring supervisors, administrators, co-workers. Often the greatest barrier to implementing successful disability employment practices is the attitudes of co-workers. All employees should be part of the solution in ensuring equal access. Successful RA Process Tips!

39 Independent Living Research Utilization A Program of TIRR Memorial Hermann  Develop and implement a comprehensive communication program It’s not enough to have policies available in a handbook. Communication vehicles need to be multi-faceted.  Develop evaluation and monitoring tools Document everything you do to demonstrate that you are making good faith efforts toward compliance.  what accommodations have been made for whom  what attempts were made to make accommodations, including what resources were accessed in those attempts.  Include a system for indicating when accommodations were not made because of undue hardship  for monitoring accommodations made Successful RA Process Tips!

40 Independent Living Research Utilization A Program of TIRR Memorial Hermann Creating a Work Culture of Access  Accessibility Increases the ability of the organization to attract qualified applicants Equals agility creating a creative (not expensive) flexible employer who will attract and maintain the best potential employees Remember the business and employment case so your organization remains productive and viable. 40

41 Independent Living Research Utilization A Program of TIRR Memorial Hermann Group Training Scenarios Exercise What would you do? Consider the following as you ponder on what steps to take to address the situation and what additional facts you need to know. 1. Is this individual covered by the ADA? / Is there a disability? 2. Is the individual otherwise qualified? 3. Is the accommodation requested OR needed reasonable? 4. Does the accommodation remove employment barriers to do the essential functions of the job or the apply for the job? 5. What other reasonable accommodations could be made to create equal employment access? 6. How will you monitor the accommodation to make sure it remains effective? 41

42 Independent Living Research Utilization A Program of TIRR Memorial Hermann Seizures An employee, whose job it is to market the firm’s services by meeting with potential clients at their offices, develops a condition that results in occasional seizures. As a result the employee can no longer drive but wants to continue to do his job. The employee has worked for the firm for 15 years and has been recognized as the “best salesman” 5 years in a row. 42

43 Independent Living Research Utilization A Program of TIRR Memorial Hermann Chronic Fatigue Syndrome  An employee, due to chronic fatigue syndrome, found it difficult to arrive at work on time early in the morning. For three years, the employee was given the accommodation of a later start time and received satisfactory job performance ratings all three years as a tax auditor.  A new supervisor decided that letting this employee come in later than the rest of the employees was bad for morale and that this employee could at least try to arrive at 8:00 am, so he removed the accommodation.  Plus the new supervisor could not find any past documentation of the granted accommodation. 43

44 Independent Living Research Utilization A Program of TIRR Memorial Hermann Hip and Bone Pain  An grocery store employee who had hip and bone problems was experiencing severe leg pain. He mentioned the pain to his employer and that he “couldn't stand on it much longer.”  The employer sympathized with the employee but didn’t think any more of the conversation. 44

45 Independent Living Research Utilization A Program of TIRR Memorial Hermann Depression  An employee, who is a social worker the State Dept. of Health, began to experience mental health difficulties. He found that his job was becoming more and more stressful due to his depression.  The employee asked his employer to transfer him to another position within the Dept., claiming that his current position was too stressful and overwhelming. The employer denied the request and said that he was "doing fine" in his current position.  During a subsequent meeting, the employee "broke down" and started to cry. During the weeks following this meeting, the employee was reprimanded; once for working late without approval and 4 times for failing to complete his assigned tasks in a timely manner. 45

46 Independent Living Research Utilization A Program of TIRR Memorial Hermann Medical Restrictions  An employee, who is a sales manager in a small retail store, is required to perform certain cleaning tasks, including mopping floors, that violated his medical restrictions. The employee asked for an accommodation not to be assigned mopping responsibilities and provided medical support.  The employer refused the request and required the employee to mop, which lead to further injury and a medical leave. 46

47 Independent Living Research Utilization A Program of TIRR Memorial Hermann Environmental Illness An administrative employee at a computer company develops an multiple chemical sensitivity (the cause of which is unknown). The illness makes her very allergic to fragrances. She asks her supervisor if she will send a memo to her co- workers asking them to refrain from wearing perfume at the office. The supervisor refuses. Her production suffers and she is fired. 47

48 Independent Living Research Utilization A Program of TIRR Memorial Hermann Seasonal Affective Disorder  A teacher with seasonal affective disorder requested a classroom with natural light and identified other issues that exacerbated her condition, including noise distractions and inadequate ventilation.  Although the school remedied some of these issues, it failed to reassign her to a room with natural light.  As a result, plaintiff needed to take medical leave. 48

49 Independent Living Research Utilization A Program of TIRR Memorial Hermann Appendix  Types of Accommodations  Including the not so obvious  Extensive ADA Resources 49

50 Independent Living Research Utilization A Program of TIRR Memorial Hermann Types of Accommodations  Information Technology (conduct web, software, hardware audits)  Assistive Technology  Modifications to work stations (conduct architectural audits)  Modifications to schedule  Telecommuting  Structural changes within leased space  Structural changes to building during renovations  Promoting an employee into a vacant job

51 Independent Living Research Utilization A Program of TIRR Memorial Hermann Examples of RA for Involving Communication Qualified readers or qualified sign language interpreters, Examinations, training materials or policies in Braille, large print, audio tape, etc., Software for standard computers and other equipment that can enlarge print or convert print documents to spoken words (screen readers), Tactile markings on equipment in Braille or raised print, Talking calculators, Speaker phones, Telecommunication Devices for the Deaf, Telephone amplifiers, Removing communication barriers such as putting up Braille signage or flashing fire alarms.

52 Independent Living Research Utilization A Program of TIRR Memorial Hermann Assistive Technology (See Accessible Action Technology Center in this PowerPoint Resources)  Mechanical Page Turners  Modifying Computer Keyboards  Ergonomic Seating Considerations  Headsets  Negative Tilted Keyboard and Mouse  Adjustable Desks  Sip/Puff Switch / Foot Switch

53 Independent Living Research Utilization A Program of TIRR Memorial Hermann Modifications to Work Stations  Furniture  Office layout  Equipment adaptations

54 Independent Living Research Utilization A Program of TIRR Memorial Hermann Modifications to Schedule / Telecommuting  Flexible scheduling  Delayed start time  Telecommuting can be an option for employees as a reasonable accommodation or means to keep valued employees.

55 Independent Living Research Utilization A Program of TIRR Memorial Hermann Structural Changes within Leased or Owned Space  Bathroom modifications Door openers Signage Accessible stalls  Rearrange furniture in employee kitchen  Keep reception area furniture out of main path of travel  When carpeting needed to be replaced, low pile need to be priority  Some offices reconfigured for greater accessibility

56 Independent Living Research Utilization A Program of TIRR Memorial Hermann Structural Changes to Building During Renovations  Main level parking lot modifications  Main level door opener  Main level curb cuts  Ramp to doors  Door openers  Marking accessible parking spaces  Signage on elevators  Bathroom modifications

57 Independent Living Research Utilization A Program of TIRR Memorial Hermann Steps to Workspace Accommodations  Discuss accommodation needs with employee/s.  Ask for suggestions for solutions.  Research options.  Make sure solution doesn’t pose obstacle for another employee!

58 Independent Living Research Utilization A Program of TIRR Memorial Hermann Steps to Office Modifications  Invite employees to notify you of hard to use or inoperable elements of your facility- Create an Environment that invites this.  Ask for suggested solutions.  Research options.  Make necessary modifications – can be useful for all employees!

59 Independent Living Research Utilization A Program of TIRR Memorial Hermann Steps to Building Modifications  Discuss needs for accessible features with building owners/managers-may have to “stay” on them to do modifications!  Provide written information on ADAAG, state or local codes to landlord.  Provide referrals for technical assistance if necessary.  Follow-up.  Remind Leasers Access benefits ALL tenants!

60 Independent Living Research Utilization A Program of TIRR Memorial Hermann Development of Evacuation Plan (there are tons of resources on this – call the Southwest ADA Center)  Like many accommodations, evacuation plans are for everyone!  Invite employees with/without disabilities to discuss evacuation strategies/needs-what do they want to do to get down the stairs?  Meet with fire marshal to determine average response times and their on-site protocol.  A safe room that Fire marshals know about?  Meet with staff or committee to devise evacuation plan.  If necessary, purchase evacuation chair.  Provide staff training on evacuation procedures.  Fire box that has all your important info?

61 Independent Living Research Utilization A Program of TIRR Memorial Hermann RESOURCES

62 Independent Living Research Utilization A Program of TIRR Memorial Hermann The ADA Resource!  The Leading Resource On ADA & ADAAA Other disability related laws such as IDEA Making information technology accessible  Services a wide range of audiences including employers businesses government agencies WIA Workforce System schools people with disabilities  Expert staff are available to provide training, publications and respond to your inquiries.  Hot Line:  Web Site:  Check out the Archived Webinars and Podcasts!

63 Independent Living Research Utilization A Program of TIRR Memorial Hermann New Mexico Governor’s Commission on Disability Mission: To improve the quality of life of all New Mexicans with disabilities by addressing social integration, economic self-sufficiency, political resolve, physical and program accessibility, and full participation in the benefits of life and rights of all individuals. Information and Training ADA Employment: Reasonable Accommodations/Best Practices Emergency Preparedness NM Building Code: Accessibility Voting: Accessible Polling Sites Assistive Technology And much much more! Go to 491 Old Santa Fe Trail, Santa Fe, NM Phone/TTY (505) , Toll Free (in state only) / 63

64 Independent Living Research Utilization A Program of TIRR Memorial Hermann Job Accommodation Network (V/TTY) A free consulting service designed to increase the employability of people with disabilities 6411/29/12

65 Independent Living Research Utilization A Program of TIRR Memorial Hermann Accessible Action Technology Center center.dot?host_id=1 center.dot?host_id=1 The Accessible Technology Action Center (ATAC) facilitates and promotes the use of accessible technology in the hiring, employment, retention, and career advancement of individuals with disabilities. 1. Develop, coordinate and publicize resources on accessible technology in the workplace; 2. Promote effective employer practices in the workplace related to leadership, self- assessment, policies and practices, continuous improvement; 3. Facilitate policy advancement on specific issues facing employers, developers, and the technology industry related to ensuring accessible, usable and interoperable technology in all types of work settings; and 4. Translate policy knowledge into adoption and implementation. A Program of RESNA at (Rehabilitation Engineering and Assistive Technology Society of North America) 65

66 Independent Living Research Utilization A Program of TIRR Memorial Hermann Cornell University Employment and Disability Institute (EDI)  Since 1968, researchers and practitioners at the Cornell ILR School with expertise in disability have helped companies, labor organizations, government agencies, schools, and communities throughout the United States and abroad to accommodate and integrate individuals with disabilities.  The EDI team consults with policy makers, disability advocates, and rehabilitation program professionals.  EDI provides technical assistance, training, and research in the following topic areas: ADA, Accommodation & Accessible IT, Community Inclusion, Disability Benefits and Work, Disability Employment Research, Disability Statistics Research, Educational Achievement & Transition, International Disability Research, and Workforce Development ADA, Accommodation & Accessible ITCommunity InclusionDisability Benefits and WorkDisability Employment ResearchDisability Statistics Research Educational Achievement & TransitionInternational Disability Research Workforce Development   (VOICE)  (TDD)

67 Independent Living Research Utilization A Program of TIRR Memorial Hermann US Department of Labor’s Office of Disability Employment Policy  ODEP is an extensive and rich source on employment and disability.   (VOICE)  (TDD)

68 Independent Living Research Utilization A Program of TIRR Memorial Hermann Equal Employment Opportunity Commission  The EEOC provides access to Federal employment laws and regulations. The EEOC has publications on the Americans with Disabilities Act which include their policy guidance on various portions of the Act, fact sheets, Q&As, best practices, and other information.    (TTD)

69 Independent Living Research Utilization A Program of TIRR Memorial Hermann ADA Case Law Database  The ADA Case Law Database is a comprehensive search tool that provides information pertaining to significant rulings under the Employment (Title I), Local and State Government (Title II) and Places of Public Accommodations (Title III) provisions of the Americans with Disabilities Act (ADA).  The database is a unique research tool specially designed to search by a variety of variables including but not limited to disability type, discrimination issue, jurisdiction and remedy. 


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