1. © Disability and Business Technical Assistance Center—Northeast 1 Presented by: The ADA and Its Impact on Your Business Joe Zesski Technical Assistance Specialist\

2. © Disability and Business Technical Assistance Center—Northeast 2 Module 1 Introduction to Disability

3. © Disability and Business Technical Assistance Center—Northeast 3 Empathy, not Sympathy: An overview of effective and respectful communications with customers who have disabilities

4. © Disability and Business Technical Assistance Center—Northeast 4 The Human Experience of Disability and the Disability Community Tragic Helpless poster children Objects of inspiration to others Stoic or brave Angry or vengeful We are not… Helpless Imperfect Superheroes Clinging to a desire to be “normal” or “whole” All alike We are not…

5. © Disability and Business Technical Assistance Center—Northeast 5 The Human Experience of Disability and the Disability Community Do things a little differently Have a unique perspective Have the same needs, desires, talents and preferences as anyone else We are people who… May see our disability as a part of our self identity — as part of who we are Demand access to the same opportunities as anyone else We are people who…

6. © Disability and Business Technical Assistance Center—Northeast 6 The Basics… Focus on other person, not your own comfort/ discomfort Listen and pay attention to cues for other person—what is THEIR experience of disability Build connection—open up conversation Sympathetic “Pity-Based” Communication Focus on yourself and not on others “Run with” your own automatic assumptions of their experience of disability Treat adults like children Creates distance—emphasizes how you are different Condescending tone Empathetic Communication

7. © Disability and Business Technical Assistance Center—Northeast 7 The Basics… Focuses first on the person, not their disability Focuses on their ability and not their disability Draws attention to the unique individual Disability-First Language Draws attention to limitation and weakness Defines the person as their disability Handicapped Crippled Invalid Retarded Draws attention to stereotype Person-First Language

8. © Disability and Business Technical Assistance Center—Northeast 8 “Are There Wheelchairs in Heaven?” Ben Maittlin NPR Morning Edition December 7, 2005 http://www.benmaittlin.com

9. © Disability and Business Technical Assistance Center—Northeast 9 In Summary… Make sure your facility is accessible to people with a variety of disabilities Connect with the person, not just the disability Treat adults like adults Treat people as individuals…unique talents, interests and preferences When in doubt, it’s OK to ask Relax…Be authentic and spontaneous

10. © Disability and Business Technical Assistance Center—Northeast 10 Neurological and brain injury disabilities Mobility disabilities Speech disabilities Psychiatric disability Hearing/deafness Vision/blindness Developmental disability Serving Customers with Specific Disabilities…

11. © Disability and Business Technical Assistance Center—Northeast 11 Module 2 The 5 Reasons: Why being welcoming and accessible to customers with disabilities is good business

12. © Disability and Business Technical Assistance Center—Northeast 12 Reason #1 Can you afford to turn away about one-fifth of your current and potential customer base? It’s about business…

13. © Disability and Business Technical Assistance Center—Northeast 13 Consider this… How many people in the U.S. have a disability? (A: 51.2 million) What percent of your customers are likely to have a disability? (A: about 20%) Steinmetz, 2006

14. © Disability and Business Technical Assistance Center—Northeast 14 Reason #2 This number is likely to increase It’s about business…

15. © Disability and Business Technical Assistance Center—Northeast 15 Consider this… Two simple, but very clear trends: 1.There will be more people with disabilities in the years to come 2.People with disabilities will represent an increasingly greater portion of your customer base

16. © Disability and Business Technical Assistance Center—Northeast 16 Consider this… Baby boomers make up 35% of the population They have 77% of the financial assets They have 57% of the discretionary income AARP, 2002

17. © Disability and Business Technical Assistance Center—Northeast 17 Reason #3 If you are not welcoming and accessible to customers with disabilities, you are not welcoming to their families/ companions either It’s about business…

18. © Disability and Business Technical Assistance Center—Northeast 18 People with disabilities are not using your business/agency by themselves 20 million families have a member with a disability About 30% of your potential customers will be using your business WITH someone who has a disability You will not only lose the business of people with disabilities, you will also lose the business of anyone with them Qi Wang, 2005; Harris Interactive, 2005

19. © Disability and Business Technical Assistance Center—Northeast 19 Reason #4 These customers are getting more savvy—they are more likely than ever to research business/agencies for their disability-friendliness Word is getting around… It’s about business…

20. © Disability and Business Technical Assistance Center—Northeast 20 Consider this… People with disabilities are more likely to use the internet to identify disability-friendly businesses/agencies Many new websites or blogs are devoted to describing customer experiences for people with disabilities at specific businesses/agencies Are you disability-friendly? Word is getting around! The Verde Group, 2006

21. © Disability and Business Technical Assistance Center—Northeast 21 Reason #5 Customers with disabilities are more likely than other customers to be loyal to those businesses where they had a good experience It’s not just the right thing to do…

22. © Disability and Business Technical Assistance Center—Northeast 22 Consider this… A study sponsored by the European Union found that tourists with disabilities were far more likely to return to businesses where they had a good experience.* The Customer Loyalty Dividend And... the converse is also true. Enterprise and Industry, 2004

23. © Disability and Business Technical Assistance Center—Northeast 23 A look at your business/ operation from the perspective of customers with disabilities

24. © Disability and Business Technical Assistance Center—Northeast 24 Module 3 The ADA and Employment

25. © Disability and Business Technical Assistance Center—Northeast 25 Americans with Disabilities Act Title I — Employment Title II — State and Local Government Title III — Places of Public Accommodation Title IV — Telecommunications Title V — Miscellaneous

26. © Disability and Business Technical Assistance Center—Northeast 26 The Americans with Disabilities Act 5 Titles… Made it unlawful to discriminate against a person who has a disability in employment, state/local government services, places of public accommodation, transportation or telecommunication

27. ADA Amendments Act (2009) Elaborated on original ADA — encourages broader coverage More illustrative list of activities — i.e. reading, bending, communicating, — also includes limitations to major bodily functions “Substantially limits” need not be severely restricts; only need to limit one activity Shifts focus back to determining discrimination vs. determining disability

28. © Disability and Business Technical Assistance Center—Northeast 28 Definition of Disability Determination of eligibility is always the first step Disability is a relative term... it means different things to different people

29. © Disability and Business Technical Assistance Center—Northeast 29 Definition of Disability A physical or mental impairment that substantially limits one or more major life activity, a record of such an impairment or being regarded as having such an impairment

30. © Disability and Business Technical Assistance Center—Northeast 30 About Hiring… Here’s the basics The employer must provide reasonable accommodations to make the hiring/ interviewing process accessible. An employer cannot refuse to consider a candidate because he/she requires a reasonable accommodation to compete for or perform a job.

31. © Disability and Business Technical Assistance Center—Northeast 31 About Hiring… Here’s the basics “Can you perform the essential functions of this job with or without reasonable accommodation.” This is a permissible question, BUT… It is a yes/no question, NOT an either/or question. Candidates do not need to disclose whether they will need any reasonable accommodations if hired.

32. © Disability and Business Technical Assistance Center—Northeast 32 About Reasonable Accommodation Any change in the work environment or way things are done that enables a person with a disability to enjoy equal employment opportunity Must be provided to qualified individuals unless this poses an undue hardship

33. © Disability and Business Technical Assistance Center—Northeast 33 About Reasonable Accommodation Provision of accessible worksite Modifying or acquiring equipment Support services for persons with vision or hearing disabilities Common Reasonable Accommodations? Job restructuring and modified work schedules Reassignment to an available position Adjustment of training materials, exams or policies Providing readers or interpreters

34. © Disability and Business Technical Assistance Center—Northeast 34 About Reasonable Accommodation A reasonable accommodation must be effective. An employer may provide an alternate accommodation to the one suggested by the employee as long as it is effective. Who Decides?

35. © Disability and Business Technical Assistance Center—Northeast 35 About Reasonable Accommodation Rights and Duties of Employers No pre-employment disability inquiries Advising current employees on rights Reasonably accommodate known disabilities Act upon request — can ask for more information in order to act Employers can request medical information for accommodation purposes

36. © Disability and Business Technical Assistance Center—Northeast 36 Module 4 Transacting Business

37. © Disability and Business Technical Assistance Center—Northeast 37 Effective Communication Title II (“Communications”) Title III (“Auxiliary Aids and Services”) Definition of auxiliary aids revised to include additional examples such as: Accessible electronic and information technology. Qualified interpreters on-site or through video remote interpreting services.

38. © Disability and Business Technical Assistance Center—Northeast 38 Other Examples of Auxiliary Aids and Services: Voice, text, and video-based telecommunications products and systems. Braille or tactile displays. Screen reader software. Video remote interpreting (VRI).

39. © Disability and Business Technical Assistance Center—Northeast 39 Qualified Reader defined “A person who is able to read effectively, accurately, and impartially, using any necessary specialized vocabulary.”

40. © Disability and Business Technical Assistance Center—Northeast 40 Qualified Interpreter defined “An interpreter who, via video remote interpreting (VRI) service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary.” Includes sign language interpreters, oral transliterators and cued-language transliterators.

41. © Disability and Business Technical Assistance Center—Northeast 41 Revisions to Effective Communication Requirements Companions with disabilities. Discussion of types of auxiliary aids and services that are necessary to ensure effective communication. Limitations on use of individual accompanying person with a disability as an interpreter. Performance standards for video remote interpreting services.

42. © Disability and Business Technical Assistance Center—Northeast 42 Types of Auxiliary Aids or Services Type of auxiliary aid or service will vary in accordance with: Method of communication used by individual; Nature, length, and complexity of communication involved; and the context in which communication is taking place. Provide auxiliary aids in accessible formats, in timely manner, and in manner that protects privacy and independence of individual.

43. © Disability and Business Technical Assistance Center—Northeast 43 Video Remote Interpreting Definition: An interpreting service that uses video conference technology over dedicated lines or wireless technology offering high- speed, wide-bandwidth video connection that delivers high-quality video images.

44. © Disability and Business Technical Assistance Center—Northeast 44 ADA Title III – “Barrier Removal” Standard Title III requires that private entities that own, operate, or lease places of public accommodation may not discriminate on the basis of disability in providing goods and services and must remove all structural and architectural barriers to accessibility by persons with a disability if such removal is "readily achievable." (Easily accomplishable without much difficulty or expense)

45. © Disability and Business Technical Assistance Center—Northeast 45 Barrier Removal & Title III of the ADA – No such thing as “grandfathered”! Barriers can often be removed by making small changes to the physical environment, HOWEVER, the exact costs that must be spent on barrier removal are not detailed in the ADA. The judgment of what is readily achievable is done on a case-by-case basis. This process is not a one-time effort, but rather is something that must continually be re-evaluated. Something that is cost prohibitive today for a facility, might be affordable if planned for in the following year’s budget.

46. © Disability and Business Technical Assistance Center—Northeast 46 ADA – Highlights of Key Regulatory Changes for Titles II and III Safe Harbor. –The new regulations include a general “safe harbor” under which those elements in covered facilities built or altered in compliance with the 1991 Standards are not required to be brought into compliance with the 2010 Standards until those elements are scheduled for alteration.

47. Northeast ADA Center Employment and Disability Institute Cornell University Dolgen Hall Room 201 Ithaca, New York 14853-3901 Toll-Free800.949.4232 (NY, NJ, PR, USVI) Telephone 607.255.6686 Fax607.255.2763 TTY 607.255.6686 Emailnortheastada@cornell.edunortheastada@cornell.edu Webwww.northeastada.orgwww.northeastada.org Rudstam, H., and Strobel, W. (2008) ADA Trainer Network Facilitator’s Guide, Cornell University: Ithaca, NY, prepared with the assistance of Carr, S., Cebula, R., Erickson, W., Lee, C., Smith, S., Sosna, B., Trerise, S., Unger, D. and Vargas, R. This program has been funded by a grant from the U.S. Department of Education, National Institute on Disability and Rehabilitation Research (Grant H133A060088).