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The Illinois ADA Project at Equip for Equality

Presents

REQUESTING AN REQUESTING AN ACCOMMODATION AT ACCOMMODATION AT WORK AND COLLEGEWORK AND COLLEGE

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AEquip For Equality:Protection and Advocacy

• Mission: To advance the human and civil rights of people with physical & mental disabilities

• Most Services are Free and Confidential

• Equip For Equality Services Include:

Self-Advocacy Assistance Information & Referral Public Policy Advocacy Training & Education Abuse/Neglect Investigations Latino Outreach Traumatic Brain Injury Project Legal Advocacy Special Education Issues Guardianship Reform Assistive Technology Project Illinois ADA Project

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AThe Illinois ADA Project at Equip For Equality

Your Resource for Information on The ADAGoal: To educate, enrich, and enlighten the people, businesses, and organizations of Illinois regarding the ADA.

Project Funding: The Illinois ADA Project is funded by The Great Lakes ADA and Accessible IT Center.

The Illinois ADA Project Steering Committee:Individuals with disabilities, advocates, service providers, government agencies, and businesses.

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Breaking Down Barriers to Understanding The ADA

The ADA in the Real World (Overview)

Employment Rights Employing People

with Disabilities, It’s Good Business

Trainings

The ADA and Supreme Court

Transportation Voting Emerging Issues

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AContacting The Illinois ADA Project

Contact The Illinois ADA Project if You: Have ADA Questions Want to schedule a training for

your organization or group Desire ADA information

and/or resources Contact Information:

Telephone: 1-877-ADA-3601TTY: 1-800-610-2779Website: www.ADA-IL.org

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AThe Training Institute at Equip For Equality

Provides Free Training to people with disabilities and their family, friends,

employers, and service providers regarding:

Legal Rights Self-Advocacy

The A.D.A. (Titles I,II&III) Special Education

Transportation Guardianship

Employment Rights Practical Advice

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APABSS: A Blue Ribbon Project

PABSSProtection and Advocacy for Beneficiaries of Social Security

PABSS Provides Education, Training, and Advocacy on: Social Security Benefits & Work Incentives Information Obtaining Vocational Rehabilitation Services (DRS) Using the Ticket to Work Employment Laws (A.D.A. & F.M.L.A.) School to Work Transition Issues Any Employment Barrier

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Laws Regarding Disability Discrimination

In the Beginning…

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In the Beginning…

Do not curse the deaf or place a stumbling block before the blind…

3300 Years Ago

Leviticus 19:14:

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… And More Recently

30 Years AgoThe Rehabilitation Act

• Creates a right to receive vocational rehabilitation;• Prohibits discrimination by federal funding recipients

30 Years AgoIndividuals with Disabilities Education Act (IDEA)

• Creates a right to receive a free and appropriate public education;

13 Years AgoThe Americans With Disabilities Act (ADA)

• Provides equal opportunity and access in employment, governmental services, public accommodations, and telecommunications. This includes private and public places of education.

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The Rehabilitation Act

An Individual’s Right to Receive Vocational

Rehabilitation Services

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AVocational Rehabilitation Services

DRS provides the following work-related services for individuals with disabilities:

• Career counseling, job placement, and job training• Supported employment services such as a job coach• Interpreters, note takers, readers, attendants, ...• Occupational licenses, tools, and equipment • Technological aids and devices • Home and vehicle modifications • Medical Services including attendants• Financial assistance with school, equipment, or training• DRS can help with providing reasonable accommodations

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AThe Rehab Act: Benefiting Employers & Employees

Utilizing The Rehabilitation Act and the Illinois Division of Rehabilitation Services:

• DRS provides free advice regarding reasonable accommodations. (As does the Illinois ADA Project, Equip for Equality, EEOC, and JAN).

• DRS can pay all or part of the cost of reasonable accommodations (e.g. computer hardware or software) If DRS pays, the employee or student owns the

accommodation• SSA may help an employee or student save for an

accommodation or other employment goal through PASS Plans

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The Americans With Disabilities Act (ADA)

The ADA in the The ADA in the Real WorldReal World

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AThe Americans with Disabilities Act (ADA)

The ADA has 5 different Sections called “Titles”• Title I – Employment • Title II – State and Local Government

Services / Public Transportation• Title III – Public Accommodations and

Commercial Facilities• Title IV – Telecommunications• Title V – Technical Assistance and

Miscellaneous Provisions

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Goals of The ADA

• Eliminate discrimination • Ensure that people with disabilities experience:

Equality of opportunity Full participation and integration Independence

• Remove barriers to access. Barriers can be attitudinal, architectural, communicative, or transportational in nature.

• Provide clear, strong, enforceable standards• FAIRNESS !!

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Title I of the ADA

The ADA in the Workplace

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AEmployers Covered by the ADA

• Employers with 15 or more employees• All State and local government employers with at

least one employee• Local laws may cover smaller private employers

(For example, The Illinois Human Rights Act and The Cook County and Chicago Human Rights Ordinances cover all employers with one or more employee)

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Protected Individuals

An employee is protected under the ADA if they:• Have a substantial limitation of a major life activity

Major life activities include: Breathing, walking, lifting, working, speaking, hearing, seeing, eating, caring for oneself, interacting with others, sex, sleeping, sitting, concentrating, performing manual tasks, learning, standing, reading, reaching, …

• Are qualified to do the essential job functions with or without a reasonable accommodation

• Also covered are people who: Have a record of such an impairment; Are “regarded as” having such an impairment.

• Disability is decided on a case by case basis and requires an individualized assessment

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AWorkplace Protections Under The ADA

Discrimination is prohibited in any facet of employment, including:

• Job application procedures • Hiring / Firing• Benefits and Compensation• Advancement• Training• Any terms, conditions, or privileges of

employment

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AProhibited Conduct by Employers

• Pre-Offer: Asking disability related questions. An employer may ask about performance of job functions but cannot request a medical examination or ask for information about: Worker’s Compensation Claims Reasons for time off from work Medical Treatment, Conditions, or Medications

• At all times, an employer is prohibited from: Denying a Reasonable Accommodations Otherwise discriminating in any facet of employment

on the basis of disability, whether or not the discrimination is intentional.

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AMedical Examinations Prior to A Job Offer Are Prohibited

• Certain tests are not considered medical exams, and are not prohibited by ADA

• Medical exams must be: Given to all applicants for the position Decisions denying employment based upon

medical information must be “job related and consistent with business necessity.”

An employer cannot withdraw a job offer unless the disability interferes with essential functions of the job or results in an a health or safety risk and a reasonable accommodation cannot be provided

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Title I of the ADA

Reasonable Accommodations and Other Issues

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Reasonable Accommodation

Any change or adjustment to a job or work environment that allows a person to:

• Participate in the job application process• Perform “Essential Functions” of the job

Fundamental Job Duties An employer cannot refuse to employ someone

because of inability to perform non-essential duties

Job descriptions may be used as evidence but are not necessarily determinative

• Enjoy benefits and privileges of employment

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AExamples of Reasonable Accommodations

• Accommodations as part or emergency evacuation procedures (Disclosure, alarms, changing offices, …)

• Providing or modifying equipment or devices• Job restructuring• Part-time or modified work schedules• Job reassignment• Modifying exams, training, or policies• Providing readers and interpreters• Making the workplace accessible• Utilize the employee’s ideas and

the Job Accommodation Network

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AReasonable Accommodation Requirements and Limits

• Reasonable Accommodations must be provided unless there’s an undue hardship or a health and safety risk to the employee or to others

• An undue hardship is defined as requiring significant difficulty or expense

• Employers must provide an effective accommodation, not necessarily the exact accommodation requested

• Fundamental alterations are not required• Personal Devices or Services are not required

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AReasonable Accommodation:Responsibility of Employees

The Employee usually makes the request for a reasonable accommodation

•The request need not be in writing but it is in everybody’s interest to have the request written, dated, and signed

•The request should include: Nature of the disability Reason for the request Requested accommodation If possible, include a doctor’s note

explaining the disability and accommodation

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AADA Review - Reasonable Accommodations

• Reasonable Accommodations must be provided unless they:

Are an undue hardship Pose a health or safety risk to the employee or

others Constitute a fundamental alteration of the job

• An effective accommodation, not necessarily the requested accommodation, must be provided.

• Employers may request medical information only to substantiate the employee’s disability and their need for an accommodation.

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AEmployment Application And Interview Tips

• An individual does not have to disclose a disability unless: They need a reasonable accommodation They have received a conditional offer of employment It may help them get the job

• How to deal with inappropriate questions – DO NOT LIE! On the application, leave it blank (get an extra copy) On the interview, say, “I do not answer questions about

private matters unrelated to the job. I would be happy to discuss my qualifications for this job.”

“I took time off to handle a private family matter.”

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ATips For Requesting A Reasonable Accommodation

• Put your request in writing• If possible include a letter from your doctor

describing your disability and the reasons for the requested accommodation

• Ask for a response by a specific date• Keep a copy of the letter• If the accommodation is provided, send a “Thank

You” letter• Check the Illinois ADA Project, EFE, and JAN

Websites

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AThe Reasonable Accommodation Process

• An employee, or someone on their behalf, usually makes the initial request for an accommodation. After that, the employer may ask the employee for documentation describing the impairment and how it relates to the reasonable accommodation request if the impariment is not readily apparent. The employer may request information relating to: The nature, severity, and duration of the impairment The activity or activities that the impairment limits The extent to which the impairment limits the

employee's ability to perform the activity or activities How the impariment relates to the requested

accommodation

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AThe Reasonable Accommodation Process

• The employer is NOT entitled to request information regarding:

General medical informationMedical conditions or impairments unrelated

to the reasonable accommodation request

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AThe Reasonable Accommodation Process; Step by Step

• Step 1: The Request for a Reasonable Accommodation• Step 2: The employer may seek limited medical

information if the need for the accommodation and/or the disability apparent. This documentation should be limited in scope to coincide with the accommodation request

• Step 3: The “Interactive Process.” Does the employer agree that the accommodation is reasonable and effective? Do other possible accommodations need to be examined?

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The Reasonable Accommodation Process Step by Step

• Step 4: Utilize available resources in determining an effective accommodation (e.g. EEOC, JAN, DRS, others).

• Step 5: If an effective, reasonable accommodation is agreed upon, it should be implemented and there should be follow-up to ensure its effectiveness

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APre-Employment Accommodations

• Application/Interview Process Providing someone to read or interpret application

materials Demonstrating, rather than describing what the job

requires Modifying tests, training materials, testing time,

and/or policy manuals Replacing a written test with a more extensive

interview which allows the individual to demonstrate their knowledge/skills at the work site

Allowing individual to have a support person present during the interview

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AEmployment Accommodations

• To do the job: Job restructuring

o Shifting/changing non-essential job functions to other employees

Learning the jobo Supervisor break job tasks into sequential stepso Additional time to complete trainingo Provide instructions at a slower pace (not

everything at the same time, etc.)o Use pictures, charts, colors, etc. as cues

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AEmployment Accommodations

• Job Coach An employer is probably not required to provide a

job coach throughout employment process but would need to consider as part of learning the job

Employer must consider allowing a Job Coach to work with the employee and modify policy if necessary (i.e. Allow non-employee in restricted areas, etc.)

Use of internal supports for employee (assign staff to work one-on-one when learning new tasks and to serve as support to the staff person)

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AEmployment Accommodations

• Modified Work Schedule Allow flexibility in schedule based on use of public

transportation or side effects of medication, etc.o Flexible arrival/departure timeso Break periods for rest/taking medications, etc.

Allow time off or adjustment in schedule to attend counseling, treatment or other meetings related to the disability

Part Time versus Full Time if reasonable

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AEmployment Accommodations

• Acquisition or Modification of Equipment or Devices Tape recorder to record/review instructions Large button telephone PDA (Personal digital assistant) to allow for

supervisor to record instructions or use of video to demonstrate tasks that can be retrieved by employee when needed during course of work day

Use of color to mark files/bins/controls Simplified instructions using diagrams, etc. for

operating machinery

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AEmployment Accommodations

• Modification of Supervisory Process Review tasks to be completed on daily basis and

provide in writing versus orally Supervisor providing a demonstration of what needs

to be done versus describing orally what the employee is expected to do

More frequent feedback regarding performance Allowing individual to bring someone to support

them during review of performance or disciplinary meetings

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AEmployment Accommodations

• Modification of Policy/Procedure Workplace conduct rules

o Modify those that are not job related and consistent with business necessity

Never required to tolerate violent or abusive behaviors that are inconsistent with uniformly applied conduct rules

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The Family Medical Leave Act

The FMLA,

Family Values, and Disability

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Reasons for FMLA Leave

Covered employees are entitled to up to 12 weeks of medical leave for any of the following reasons:

•The birth and care of a newborn child •Placement with the employee of a son or daughter for adoption or foster care;

•To care for an immediate family member (spouse, child, or parent) with a serious health condition; or

•To take medical leave when the employee is unable to work because of a “serious health condition.”

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FMLA Leave

FMLA Leave Provides:• Up to 12 weeks of leave in a 12 month period

(The 12 weeks may be taken intermittently)• Maintenance of Health Care Coverage• Job Protection • FMLA Leave is usually unpaid  

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FMLA – Employee Coverage

The Employee (Worker) must meet all of these conditions to be protected by the FMLA:

• Working at a covered employer • Worked for the employer for 12 months.

(The 12 months do not have to be consecutive)

and • Performed 1250 hours of work during those 12

months

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FMLA – ADA Interplay

As a Reasonable Accommodation

under the ADA, FMLA Leave may be: • Extended beyond 12 weeks • Given to an employee who is otherwise not eligible under the FMLA and/or • Given as paid leave

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Confidentiality

• All information about disability and accommodations must be kept in a separate medical file, not the personnel file.

• Information can be available to supervisors and management personnel on a need to know basis

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Harassment

• Pervasive or severe and affecting a term, condition, or privilege of employment

• Employer knew or should have known, and failed to take remedial action

• Based on disability

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Other Issues

• Harassment– Employer required to maintain harassment free

workplace for all employees– Disability awareness training may be necessary to

address attitudes, stereotypes, etc. of other employees

– Employer is responsible to actions taken in the workplace by other employees and can be held accountable for harassment based on disability

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ADA – Emerging Issues

• Disability Harassment• Working at home as a reasonable

accommodation• Requirements to be “Whole” or “100% Healed

to Return to Work• Temporary Workers• Websites • Harassment by co-workers and/or supervisors• Retaliation

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Remedies

A Complaint or Charged can be filed under applicable Federal, State, or local law at:

• Chicago Commission on Human Relations• Cook County Commission on Human Rights• Illinois Department of Human Rights• U.S. Equal Employment Opportunity Commission

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Accommodations and the ADA: How do they differ between high

school and post-secondary education?

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ALegal Protections for Legal Protections for Students with DisabilitiesStudents with Disabilities Legal Protections for Legal Protections for Students with DisabilitiesStudents with Disabilities

• IDEA as amended

• Rehabilitation Act of 1973 - Section 504

• Americans with Disabilities Act of 1990

• Civil Rights Act of l964, Title VII as amended in l991

• State Civil Rights Laws & Architectural Accessibility

Requirements

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IDEA, ADA, & Section 504

• IDEA is a law which mandates access to a “free appropriate public education” for qualified individuals with disabilities.

– Limited to elementary and secondary education

• Section 504 of the Rehabilitation Act prohibits discrimination on the basis of disability in federally funded programs

– Applies to programs operated by recipients of federal funds including education

• ADA is a civil rights law and based on “non-discrimination on the basis of a disability” regardless of age.

– Applies to broad range of programs and activities including education

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ADA

Section 504

IDEA

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ADefinition of Disability ADA/504

• Anyone with a physical or mental impairment that

substantially limits one or more major life activities

• Anyone with a record of such an impairment

• Anyone who is regarded as having such an

impairment

• Also protected are individuals associated with

persons with disabilities (i.e. spouse, child, etc.)

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What is Required? - IDEA

• Transition Services - "a coordinated set of activities for a student, designed within an outcome-oriented process, which promotes movement from school to post-school activities." – Includes:

post-secondary educationvocational trainingintegrated employment (including supported

employment)continuing and adult educationadult servicesindependent living or community participation."

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AWhat is Required? – ADA/504

• Non-discrimination in admission and practices and procedures based on disability

• Reasonable Modification of policies and procedures to ensure equal access to the goods and services provided unless it would result in a “fundamental alteration of the program or service”

• Reasonable accommodations to “qualified individuals” to ensure equal access to the programs, services and activities unless it would pose a fundamental alteration of a program or an undue hardship or burden

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AWhat is NOT Required? – ADA/504

• Not Required are:– Exemption from a course or degree requirement– Specialized or Personal services – Fundamental Alterations (Services not provided to

students without disabilities)– Actions that are an “undue hardship”– Assistance for “unqualified” individuals– Actions that result in a “direct threat to the health or

safety of the individual or others.”

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Qualified Individual

• Meets the established eligibility criteria or able to perform the essential functions of the role/position (including the role of a student)

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AReasonable Accommodation

• Modification or adjustment to a entrance/course requirement, the classroom environment, or the way things usually are done.

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AModification of Policies or Procedures

• Reasonable modification to allow for equal opportunity or access unless it would fundamentally alter the nature of the program, activity or service

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AAuxiliary Aids and Services

• Ensure effective communication and participation for students and program participants – Communication Access

• Examples:o Qualified Interpreterso TTY’s or Relay Serviceso Assistive Listening Deviceso Captioning Serviceso Alternative Formats

Large Print Braille Electronic Audio

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Electronic Media Accessibility

Web sites, Course Materials, Educational Tools (videos, courseware, distance learning methods, etc.), Kiosks………

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Special Equipment or Services

• Portable (laptop) computers

• Special software (time and project management)

• Reference/Referral services

• Tape recorders• Assistive listening devices• Student “buddies”• Mentors

• Note takers or scribes• ASL Interpreters• Utilization of word

recognition software• Utilization of electronic

thesaurus or Dictionary• Provide instructions or

information on audio tape• Large Print• Captioning

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AAdditional Possible Accommodations

• Additional time to complete tasks • Providing information in verbal versus written

format• Repeating information to assure

comprehension• Extended time to access resources, utilize

services• Extra tutoring or training• Quiet areas free from distraction• Assistance to verify information

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AAdditional Possible Accommodations

• Visual and verbal prompting. • Repetition of information• Longer time span to complete tasks• Specific systematic instruction from staff • Picture cues for completing tasks• Simplified displays of information• Behavioral Management Strategies

– Redirecting activity– Quiet Areas

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AWhat Are Not Reasonable Accommodations

• Fundamentally altering a course requirement

• Violent or abusive behaviors

• Non-adherence to policy and procedure that is

consistent with educational program

• Personal services such as toileting, clothing

management, feeding, medications, etc.

• Personal devices such as wheelchairs or hearing aids

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DEFENSES

• Fundamental Alteration of the Program or Activity

• Undue Burden or Hardship– Administrative– Financial

• Direct Threat To Self or Others– Cannot be eliminated or reduced through

reasonable accommodation

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Documentation

• Provided to substantiate that an individual is a person with a disability under the ADA or 504 and that the requested accommodation relates to the impairment/limitation

• Information must be current. Critical that there is documentation to show that accommodations have been provided and that there is documentation that can substantiate the need for the accommodation.

• Unnecessary inquiry prohibited when the need for accommodation is obvious or previously known

• Provide information early

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• Documentation may be provided to one central office (i.e. Disability Services Office). An teacher/instructor only needs to know that student qualifies for an accommodation unless there are safety concerns where more information is needed to manage the situation

Documentation

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Confidentiality

• Medical records must be kept confidential and access limited to individuals who need to know for purposes of determining eligibility for accommodation or safety related issues

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Who’s Responsibility is it?

• Educational Institution– responsible to assure that qualified students receive

appropriate accommodations to be successful in classroom and other degree requirements

– responsible for providing auxiliary aids and services to ensure participation

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• Student – Responsible for identifying the need for

accommodation and engaging in interactive process to determine appropriate accommodation prior to engaging in academic or other activities.

Difficult to come back after the fact and request exemption or “retake”, etc. based on disability unless an accommodation was previously denied.

– Responsible for providing documentation to substantiate disability and need for accommodations in a timely manner

Who’s Responsibility is it?

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Remedies

• Informal– Use internal grievance procedure– Engage in informal negotiation with parties involved

• Formal– File a Complaint in Federal Court – US Department of Justice (DOJ), Office of Civil Rights

Down Load Complaint Form at www.ada.gov 800-514-0301 (V) or 800-514-0383 (TTY)

– US Dept. of Education, Office of Civil Rights (OCR), On-line complaint form at

www.ed.gov/ocr/complaintprocess.html Contact Regional Office: 312-886-8434

– 111 North Canal Street, Suite 1053; Chicago, IL 60606

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Disability-Related Statistics

"Get your facts first, and then you can distort them as much as you please."

Mark Twain

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“There are white lies, damn lies, and statistics.”

Will Rogers

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AStatistics From 2004 Harris / N.O.D. Survey

Subject People With People W/O a Disability a

DisabilityEmployment (Work FT or PT)35% 78%Prefer to be working 63% 42%Education (HS Graduate) 79% 89%Income ($15,000 or less) 26% 9%Transportation Problems 31% 13%Voted in 2000 41% 51%Health Care Problems 18% 7%Socializing (2X/Month) 79% 89%Life Satisfaction 34% 61%

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Additional Statistics

20% of the U.S. population has a disability. Almost half of these people, 26 million, have a severe disability.

The percentage of adults with disabilities who work has not improved much since 1986 (30-35%).

22% (formerly 36%) of employed people with disabilities say they have encountered workplace discrimination.

90% of people who have heard of the ADA support it.

People with Disabilities were asked: “Has the ADA made your life better?”

30% - “Yes”; 1% - “Worse”; 64% - “No difference”

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AJob Accommodation Network (JAN) Statistics

Reasonable Accommodation Costs vs. Benefits

20% cost nothing Over 70% cost $ 500 or less Median Cost: $ 250

Benefit to the Company: $35 for each $1 spent on Reasonable Accommodations

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ACompany Benefits from Accommodations

Hired or retained a qualified employee: 56%Eliminated cost of new employee training:

31%Saved insurance costs:

38%Increased the worker's productivity:

54%Other:

25%

(Note: This total over 100% as companies often experience more than one benefit)

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Employment Rates

• 2.5 million people with intellectual disability (1% of the population)

• 31% employment rate• 82% earn less than $5.50 hour (mean $4.87)• 25% working full time (39% work 20 hours or

less)

Source: Institute for Community Inclusion

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Resource Information

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Resources

• Equip For Equalitywww.equipforequality.org

• Great Lakes ADA Center   www.adagreatlakes.org

• Job Accommodation Network www.jan.wvu.edu

• U.S. Department of Justice ADA Home Page www.usdoj.gov/crt/adahom1.htm

• Equal Employment Opportunity Commission www.eeoc.gov

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AMoreResources

• IL Division of Rehabilitation Services - DRS www.state.il.us/agency/dhs

• Office of the Illinois Attorney Generalwww.ag.state.il.us

• Mayor’s Office for People with Disabilities www.ci.chi.il.us/Disabilities

• Ability Links www.abilitylinks.org

• Social Security Administration / Ticket to Hire www.ssa.gov/work/Ticket/TicketHire

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Resources

• Equip For Equalitywww.equipforequality.org

• Illinois ADA Project at Equip For Equality www.ADA-IL.org

• Job Accommodation Networkwww.jan.wvu.edu

• Equal Employment Opportunity Commission www.eeoc.gov

• Division or Rehabilitation Services – DRSwww.state.il.us/agency/dhs

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AMoreResources

• Ability Links www.abilitylinks.org

• Mayor’s Office for People with Disabilities www.ci.chi.il.us/Disabilities

• Ticket to Work / Employment Networks: EFE or www.yourticketowork.com

• Social Security Administration / Ticket to Hire www.ssa.gov/work/Ticket/TicketHire

• Great Lakes Technical Assistance Center   www.adagreatlakes.org

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AResources for More Information

• National Dissemination Center for Children with Disabilities (NICHCY)– 800-695-0285 – www.nichcy.org

• U.S. Department of Education– Office of Civil Rights

1-800-421-3481 http://www.ed.gov

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More Resources

• Great Lakes ADA and Accessible IT Center 1-800-949-4232 http://www.adagreatlakes.org

• AccessIT http://www.u.wash.edu/accessit

• U.S. Department of Justice 1-800-514-0301 http://www. ada.gov

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• HEATH Resource Center – National Clearing House on Postsecondary Education For Individuals with Disabilities

800-544-3284 http://www.heath.gwu.edu

• Association of Higher Education and Disability (AHEAD)

1-614-488-4972 http://www.ahead.org

More Resources

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REQUESTING AN REQUESTING AN ACCOMMODATION AT ACCOMMODATION AT WORK AND COLLEGEWORK AND COLLEGE

THE ENDTHE END

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