Creating a Model with Business: Common Sense Approaches to Access and Accommodations 7 Steps to Reasonable Accommodation June 16, 2011 John Patrick Evans, CRC Employer Relations Program Administrator Division of Vocational Rehabilitation Department Social Health Services

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 2 ADA National Network Centers [voice/tty] adata.org

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 3 3 “Reasonable Accommodation” A logical change in the work environment or in the way things are customarily done that enables an otherwise qualified individual with a disability to enjoy equal employment opportunities.

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 4 4 The reasonable accommodation process is best understood as a means by which barriers to the equal opportunity of an individual with a disability are removed, reduced or alleviated. “Reasonable Accommodation” 2

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 5 5 The responsibility to provide reasonable accommodation in employment settings often fall into three categories: Those that ensure equal opportunity in the application process Those that enable workers with disabilities to perform a position’s essential functions Those that enable workers with disabilities to enjoy the same benefits and privileges of employment as enjoyed by workers without disabilities “Reasonable Accommodation” 3

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 6 6 The employer is not obligated to reallocate essential job functions. Essential functions are by definition those the individual who holds the position would have to perform, with or without reasonable accommodation, in order to be considered qualified. “Reasonable Accommodation” 4

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 7 7 Function Vs Method “Reasonable Accommodation” 5

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved Steps To Reasonable Accommodation

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved Step Process The suggested process is designed to address:  Self-Determination  Empowerment  Confidentiality  Documentation  Individualized Assessment  Interactive Process  Good Faith Effort

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 10 Step 1 Post Notification

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 11 Step 2 Request Accommodations

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 12 Step 3 Determine Eligibility & Safe- Keep Records

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 13 Step 4 Analyze the Situation or Job Involved

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 14 Step 5 Consult the Individual with Disability

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 15 Step 6 Identify Accommodations

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 16 Step 7 Consider the Individual’s Preference

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 17 Examples Examples of possible accommodations in employment: Job restructuring Part-time or modified work schedules Reassignment to a vacant position Making existing facilities used by employees accessible to individuals with disabilities Acquisition of auxiliary aides, equipment and/or services Appropriate adjustment of examinations, training materials or policies

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 18 More Examples Examples of possible accommodations in employment: Provide personal assistants to help with specific duties related to the job Allow an individual with a disability to provide and use equipment, aids, or services that an employer is not required to provide Permitting use of accrued paid leave or providing additional unpaid leave for necessary treatment Changing when or how an essential function is performed

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 19 Sensory Disability Examples Clear Expectations (long & short term) Qualified Interpreter Assistive Listening Devices Note-taker / Tape Recordings Printed Materials Telecommunication Device / Deaf Captioned Materials

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 20 Mental Disability Examples Clear Expectations (short & long term) Flexible Schedule / Breaks Virtual Classroom / Work Station Tape Recordings / Notetaker Reduce Distractions (visual/auditory) Tutor / Mentor Positive Praise / Reinforcement

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 21 Physical Disability Examples Accessible Facilities Proper Lighting Alternate Formats Ergonomic Workstation Transportation Assistance

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 22 Visual Disability Examples Qualified Readers Audio Recordings Large Print Braille Materials ASCII Diskettes Transportation Assistance

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 23 * Open Discussion & Questions

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 24 THANK YOU!

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 25 * Contact Information Please Feel Free to Reach Out to Us Jill Houghton Deputy Director Southeast TACE Acting Executive Director USBLN (954) [voice] Pamela Williamson Director DBTAC: Southeast ADA Center (404) [voice] Kathleen West-Evans Director of Business Relations, The National Employment Team Council of State Administrators of Vocational Rehabilitation (CSAVR) John Patrick Evans Certified Rehabilitation Counselor Vocational Rehabilitation Administrator - Employer Relations DSHS - Division of Vocational Rehabilitation

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 26 Sponsors of Webinar Series ADA National Network by DBTAC Web: adata.org American Association of People with Disabilities (AAPD) Web: aapd.com Council of State Administrators of Vocational Rehabilitation (CSAVR) - National Employment Team (NET) Web: rehabnetwork.org U.S. Business Leadership Network Web: usbln.org

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 27 Education Credits - DEADLINE: June 24 CEU (0.1) Approved by the University College at Syracuse University To earn CEU credit, you must: 1. Participate in the 1.5 hour webinar. 2. Login to your Webinar Account & complete: CEU Request. 3. Follow CEU Credit Requirements ( Credit Requirements CRCC (1.5) Approved by Commission on Rehabilitation Counselor Certification (CRCC) To earn CRCC credit, you must: 1. Participate in the 1.5 hour webinar. 2. Login to your Account & score 80% or better on Post Test. 3. Complete: CRCC Request and send a copy to the CRCC office. 4. Follow CRCC Credit Requirements ( Credit Requirements

Webinar Series for Business Hosted by: Southeast ADA Center and SoutheastTACE Projects of Burton Blatt Institute at Syracuse University Funded by NIDRR Grant # H133A © 2011 All Rights Reserved 28 Disclaimer The DBTAC: Southeast ADA Center (Southeast DBTAC) is authorized by the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information, materials, and technical assistance to individuals and entities that are covered by the Americans with Disabilities Act and its Amendments (ADA) under Grant No. H133A However, NIDRR is not responsible for enforcement of the ADA. For more information or assistance, contact your regional ADA Center via the ADA National Network by DBTAC at adata.org or call [voice/tty].adata.org The information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the Act, nor binding on any agency with enforcement responsibility under the ADA. The Burton Blatt Institute (BBI) at Syracuse University does not warrant the accuracy of any information contained herein. Any links to non-BBI information are provided as a courtesy. They are not intended to nor do they constitute an endorsement by the BBI of the linked materials.