America’s Workforce: Empowering All Disability in the Workplace

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Presentation transcript:

America’s Workforce: Empowering All Disability in the Workplace Anne Hirsh, MS, CPDM JAN Co-Director October 25, 2018

JAN as YOUR Resource Overview JAN as YOUR Resource Normalcy of Disability Reasonable Accommodation and the Interactive Process Inclusive Practices

JAN as YOUR Resource Overview Job Accommodation Americans with Disabilities Act / Rehabilitation Act Entrepreneurship

JAN as YOUR Resource Overview 35 Years of Service Experienced Free National Easy to Use

JAN as YOUR Resource Overview Employers Individuals Service Providers Others

JAN as YOUR Resource Our Process What limitations is the employee experiencing? How do these limitations affect the employee and the employee’s job performance? What specific job tasks are problematic as a result of these limitations? What accommodations are available to reduce or eliminate these problems? Are all possible resources being used to determine possible accommodations?

JAN as YOUR Resource

JAN as YOUR Resource Ask JAN and we… Meet you where you are. Help meet timelines. Assist with the interactive process. Give targeted technical assistance. Provide comprehensive resources. Maintain confidentiality. Work as your partner to enable you to hire and retain talent.

JAN as YOUR Resource Expert consultation Nearly 300 JAN-authored Publications JAN’s A-Z (Disability, Topic, Limitation, coming soon- accommodation) Legal libraries that include regulations and EEOC guidance documents JAN Training Modules and FREE Webcast Series Contact JAN: Live help @ AskJAN.org Chat, JAN on Demand, Skype, Text, Social Media

Normalcy of Disability Disability is Natural Most everyone has or will experience some form of disability during their lifetime More than 56 million Americans report having a disability Graphic Developed by Julie Ballinger, Southwest ADA Center Regional Affiliate, Disability Rights & Issues Consultant, StarReach Enterprises

Normalcy of Disability 10,000 baby boomers reaching age of 65 every day In 2010, 19% of people with disabilities have reportedly graduated from college …up from 14% in 2004 47,000 service members have been wounded in action. Hundreds of thousands more, nearly 25 percent of all who served, will be diagnosed upon returning home with other “invisible wounds”

Normalcy of Disability

Normalcy of Disability Americans with Disabilities Act, as amended (ADAAA) Section 503, 508, 501 of the Rehabilitation Act of 1973 Executive Orders Workforce Innovation and Opportunity Act (WIOA)

The Three C’s Increase Comfort, Confidence, and Competence require developing: Skills that help to more effectively communicate at work with people with disabilities Effective and actionable policy and procedures that are executed on a timely basis Robust communications that make the RA process east to access Normative practices for engaging with people with disabilities throughout the employee life cycle

Five Signs the Doors are Open …..and Remain Open Accessible buildings, technology, etc. Inclusive ethos - particularly language Inclusive public relations and marketing, particularly on social media Collaborative and authentic relationships with national and local resources to recruit/retain talent Inclusive policies and practices

Accommodation Primer The basis for inclusive employment is the reasonable accommodation (RA) policy and process The foundation for reasonable accommodation is a robust interactive process (IP) The trigger for RA and IP is a request for an accommodation or recognition of an obvious barrier to someone with a known disability A request for accommodation includes two essential elements – a medical condition and a related challenge at work

What is the Interactive Process (IP)? A collaborative effort to identify effective accommodation solutions – it’s that simple. Creates a standard of practice Facilitates communication and inclusion Demonstrates good faith Leads to ADA/Section 501 compliance

Eight Most Common Types of RA Modifying schedule or allowing leave time Making workplace or work station accessible Modifying methods — testing, communication, or training Modifying or creating policies Purchasing or modifying equipment or products Purchasing a service — reader or interpreter Restructuring job Reassignment Other accommodations Telework Adjusting supervisory method Using a service animal

JAN’s Interactive Process Step 1: Recognizing an Accommodation Request Step 2: Gathering information Step 3: Exploring Accommodation Options Step 4: Choosing an Accommodation Step 5: Implementing the Accommodation Step 6: Monitoring the Accommodation https://AskJAN.org/topics/interactive.cfm

Accommodation Toolkit

Accommodation Resources Disability Program Manager Department of Defense Computer/Electronic Accommodations Program http://www.cap.mil/ USDA Target Center https://www.targetcenter.dm.usda.gov/ JAN https://AskJAN.org/

Being Inclusive: The Basics Do your part to dispel myths and stereotypes. Speak out when you hear others talk negatively about people with disabilities. Do ensure your office spaces and business social event venues are accessible. Do realize and then let it be reflected in your behavior that people with disabilities are more like you then not. Do offer assistance in that rare instance when a person’s safety may be in jeopardy.

Communication Strategies We all communicate in various ways with or without a disability. Pay attention to cues from the person you are communicating with. Don’t be afraid to say that you do not understand, if you have trouble understanding the person’s speech or request. Model professional behaviors such as active listening, a service-minded orientation, and a results-focus.

Preferred phrases Watch Your Language Person with intellectual/cognitive disabilities Person who is blind, person who is visually impaired Person who is deaf, person who is hard of hearing Person with epilepsy Person who uses a wheelchair A person who uses synthetic speech Person with a disability

Watch Your Language Antiquated and offensive phrases Retarded, mentally defective The blind The deaf Afflicted/Stricken by/Victim of Crippled, lame, deformed Confined or restricted to a wheelchair Dumb/mute Psycho/crazy/nuts/abnormal A special needs person

Tips for engaging… Relax. Be approachable. Smile and look a person with a disability in the eyes as you would with anyone else and listen attentively. Talk directly to the person with a disability not a companion, assistant, or sign language interpreter. Use “people first” language like “a person who uses a wheelchair,” but only mention a disability if it is essential to a conversation.

The Don’ts Don’t be afraid to say that you do not understand. Consider writing information down. Don’t touch, play with, distract or feed a service animal without the person’s permission. Don’t touch, lean on, or move a person's mobility device or wheelchair without consent. Don’t elevate your speech when interacting with people who have disabilities – maintain a natural tone.

The Do’s Be considerate of the extra time it may take a person with a disability to walk, talk, write or perform a task. Extend your hand to shake if that is what you normally do. A person who cannot shake hands will let you know. Sit down when speaking for more than a few minutes with a person who uses a wheelchair so you are at eye level.

In general I’m working to create a more inclusive work environment. What should I do?   Focus on abilities Ask the person first Be aware of adaptive devices and assistive technologies Be aware of the worksite and its accessible and inaccessible elements.

In general I’m working to create a more inclusive work environment. What should I do?   Keep accessibility in mind in work-related meetings. Provide various ways to communicate. Provide work-related materials such as handbooks or benefits information in accessible format. Do not make subjective judgments about what a person can or cannot do.

In general I’m working to create a more inclusive work environment. What should I do?   Do not assume just because a person takes more time to do something that they are not intelligent. Provide a sign language interpreter for complex meeting or social events where interaction is expected. Respect personal space. If a person is in crisis, ask what you can do to help.

Supervision I am responsible for supervising a new employee with a disability. To be as inclusive as possible, what should I do? Immediately orient employees with disabilities to the facility and equipment while assessing what is and what is not accessible for the employee Orient the person to the emergency evacuation procedures.   Respect privacy. All disability information should be confidential. Know that employee requests for assistance can open discussions of accommodation needs.

Meetings and Trainings I am planning a face-to-face meeting/training for our unit. To be as inclusive as possible, what should I do? Send out a request for participant accommodations in advance of the meeting Know and communicate any emergency evacuation procedures to your audience Customize information provided in print. (Braille, Large Print, Electronic, etc.)

Meetings and Trainings I am planning a face-to-face meeting/training for our unit. To be as inclusive as possible, what should I do? Ensure accessibility of information to be shared including PowerPoint presentations. Send out information to be discussed during the meeting or the PowerPoint presentation in advance. Be prepared to describe slides during the presentation.

In assisting someone who is blind Verbally identify yourself when you approach and then let a person know when you are leaving Offer assistance and wait for an answer Ask for specific instructions on how you can assist — “Would you like directions to…?” “Would you like to take my arm?” If offering to assist someone to find a seat, speak the person’s name and tap on the table where a space is available If offering to help someone as they sit down, let the person know as you guide the person’s hand towards the back of the chair.

In assisting someone who is hard of hearing or deaf To get a person’s attention, it is okay to tap the person on the shoulder or by waving your hand. Ask what is the best way to communicate — reading lips, signing, gesturing, in writing, texting, etc. When possible speak in a well-lit room that is free from background noises. Do not put hands in front of your face or food items in your mouth when talking. Maintain eye contact and direct your communication to the person who is deaf.

In assisting someone who has a mental health condition Avoid stereotypes and assumptions about the individual and how they may act. Recognize but respect differences in people. A person may act differently and have problems interpreting social cues. Be patient. Allow the individual to think and answer questions. Know that stress can aggravate a situation, alleviating some of that stress may de-escalate the situation. In a crisis, stay calm and be supportive as you would with anyone. Ask how you can help, and find out if there is a support person who can be sent for.

Remember this… Do not refer to or talk about a person’s disability at all unless it is crucial to the conversation. Do not make it your role to advocate for a person with a disability. Do not assume a person cannot function on their own or perform a task. Do your part to dispel myths and stereotypes. Speak out when you hear others talk negatively about people with disabilities. Do ensure your office spaces and business social event venues are accessible. Do realize and then let it be reflected in your behavior that people with disabilities are more like you then not. Do offer assistance in that rare instance when a person’s safety may be in jeopardy.

Accommodation = Equal Employment Inclusive Workplace Culture Key to Inclusive Culture Accommodation = Equal Employment Inclusive Workplace Culture

Inclusive Workplace

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