for Staff and Participants October 8, 2013 Kathy Gips, Director of - - PowerPoint PPT Presentation

Providing Reasonable Accommodation for Staff and Participants

October 8, 2013 Kathy Gips, Director of Training Stacy Hart, Training and Information Specialist New England ADA Center 800-949-4232 voice/tty (in region) 617-695-0085 voice/tty kgips@newenglandada.org shart@newenglandada.org

Ten ADA Centers

Funded by the National Institute on Disability and Rehabilitation Research

800-949-4232 voice/tty www.adata.org

New England ADA Center

a project of Institute for Human Centered Design 200 Portland St. Boston

What we will discuss

• Accommodations
• Accommodations with limited resources
• What are some creative ways to accommodate
• n a small budget?
• The process of reasonable accommodation

under Title I and Title II of the ADA

• What are some creative and cost effective

ways of making accommodations for clients with sight, hearing and language translations needs?

Other issues from the planning group

• What do we do when the participant or guardian’s

expectation of reasonable differs from ours?

• What is reasonable for OCD or ADHD in a

residential summer camp setting?

• For other disabilities in a camp setting?
• How to attract a diverse audience of people with

disabilities for programs

Americans with Disabilities Act

Title I Employment Title II State and Local Government programs Title III Public accommodations (private sector) Title IV Telecommunications Title V Miscellaneous

Title I Employment Reasonable Accommodation

• 1. Modifications or adjustments to the hiring

process

• 2. Modifications or adjustments to the position

that enable a person with a disability to perform essential job functions

• 3. Modifications or adjustments to enable an

employee with a disability to enjoy equal benefits and privileges of employment

Modifications or adjustments to the hiring process

• 1. Application process on-line: non-computer

alternatives

• 2. Moving interview to accessible location
• 3. Testing – show me instead of written,

extra time

• 4. Sign language interpreter

Modifications or adjustments

• n the job

To enable a person with a disability to do the job (essential job functions) to the employer’s performance criteria.

RA Examples

• Reallocate marginal job functions

Essential (or Marginal) Job Function?

A custodial crew works in a school. One member of the crew wears a prosthetic leg which enables him to walk. Over the last year climbing steps has become painful and difficult. Although he can perform most of his job, he cannot sweep the steps located throughout the building. What information do we need to determine if sweeping the steps is an essential or marginal job function for this employee?

What makes a job function “essential”?

• Person was hired to perform that task

(bus driver must drive)

• Amount of time spent on the task
• Number of employees available who

could do the task

• Consequence of not performing the task

RA Examples

• Reallocate marginal job functions
• Provide interpreters for people who are deaf

Using Sign Language Interpreter in Group

Using what you have to communicate with person who is deaf

Using what you have to communicate

RA Examples

• Reallocate marginal job functions
• Provide qualified readers and interpreters
• Obtain or modify equipment

Telephone Hands-free Headset

Low Tech

Different style gripping aids

Low Tech

Make raised lines different colors Mark items with raised dots

Low Tech

Colored Overlays

Low Tech Assistive Technology

“Homemade” Assistive Technology

Get those occupational therapists and engineering students involved

High Cost Low Cost

Get to Know the Computer Operating System Accessibility Features Vision

• Display adjustment – change colors,

reverse color contrast

• Zoom - magnify the screen
• Increase the size of the mouse

cursor

• Talking alerts and spoken items

Get to Know the Computer Operating System Accessibility Features Physical/Motor

• Slow Keys - adds a delay to

prevent unintended multiple keystrokes

• Sticky Keys - press keys in

sequence that are otherwise required to be pressed simultaneously

Get to Know the Computer Operating System Accessibility Features Physical/Motor

• Mouse Keys - use the keyboard to

control the mouse cursor

• Speech recognition and talking

alerts to open, close, and navigate the operating system and software.

Get to Know the Computer Operating System Accessibility Features Learning/Everyone

• Spell checker
• Grammer checker
• Word prediction
• Double spaced text,

different fonts

• On-screen ruler or strip

Low Vision/Learning/Remembering Color Coding

Reasonable Accommodation Resource

JAN (Job Accommodation Network) Accommodation ideas disabilities A-Z

www.askjan.org

Free consulting services

800-526-7234

• Mr. A is a sales associate for a pharmaceutical

company.

• His territory covers three states and he must

travel to each state four times a year.

• Due to staff cutbacks, the company is increasing

the number of states for each salesperson from three to five.

• Mr. A explains to his manager that due to multiple

sclerosis he cannot handle the extra two states.

• He asks that he be allowed to have responsibility
• nly for his original three states.
• What is the company’s obligation?

Reasonable Accommodation Request

Employee unable to do his/her job because of a disability and reasonable accommodation has been considered. Next step: Reassignment to a vacant lateral (or lower) job that the person is qualified to do.

Reasonable Accommodation

Process

• The person with the disability makes the

request - oral or written.

• The person may use plain language (doesn’t

have to say ADA, disability, reasonable accommodation).

Recognizing Requests for Reasonable Accommodation

"I'm having trouble getting from my car to

my second floor office because of arthritis.“ “I need six weeks off to get treatment for a back problem.” “I’m having difficulty seeing my computer screen and need a larger monitor.”

Process

• If the disability is not obvious or it’s not
• bvious the person needs the

accommodation: the employer may require documentation that the person has a disability and needs the accommodation

• Employer says yes, no or let’s discuss

Process

• The person with the disability and employer

engage in informal interactive process

Process

• Employer determines if accommodation

would cause an “undue hardship” (significant difficulty or expense)

• The accommodation must be effective, not

necessarily the one the person requested

• Recommend: Set time frame for reviewing

the accommodation’s effectiveness

Leaving Title I Employment Moving on to Title II State and Local Government Programs and Services

State and Local Government Services and Programs

Key concepts:

• Ensuring effective communication
• Eligibility criteria
• Safety concerns
• Reasonable modifications of policies,

practices and procedures

ADA Title II State and Local Government Services and Programs

• The term “reasonable accommodation” is

not in the title II regulations.

• The title II regulations do not have a neat

process as in title I.

• Use title I process EXCEPT in most

circumstances do not require documentation of disability or need for request.

Ensuring Effective Communication

This section of the regulations applies to people who

• are blind or have low vision
• are deaf or hard of hearing
• r
• have a speech disability

People who are blind or have low vision

Ensuring Effective Communication

• You receive an email from Ms. C. She

wants to participate in one of your courses. She informs you that she has macular degeneration and will need the course print material in 40 point font.

• What’s your next step?

Provide material in Large Print

If individual makes request, provide in whatever size the person needs For general use provide in 18 point simple font

Many people who are blind use screen reading technology

With audio input With refreshable Braille

Provide electronic format of print material

Provide material in audio format

Communication with People Who Have Visual Disabilities

• Identify yourself (each encounter)
• Speak facing the person
• Describe who and what is there
• When leaving let person know
• Don’t pet or distract guide dog

Human Guide

Moving on to people who are deaf and hard of hearing

Assistive Listening Devices

Amplify Sound for an Individual

At Science Center Note the Sign

Captioning on videos, etc.

Computer Aided Real-time Transcription CART

CART Reporters

You receive an email from a woman who is deaf and wants to take one of your courses. She needs a sign language interpreter(s) to take the course. ADA regulations suggest a family member is the most appropriate person to provide sign language interpretation in this situation. True or False?

When using a sign language Interpreter face and look at the person who is deaf.

Sign Language Interpreter in Classroom

Video Remote Interpreting One on One

Woman is deaf and signs Man hears doesn’t sign Interpreter is anywhere in world, signing to deaf woman, listening and speaking to hearing/speaking man

Need: Computer and video cam Microphone and speakers Good internet connection

Video Remote Interpreting

Group

Need: Computer (laptop, Ipad) and video cam Microphone and speakers Good internet connection

Man is deaf and signs Interpreter

When providing an auxiliary aid or service, the organization is required to provide what the person wants no matter how much it costs. True or False?

Undue Burden

Provide unless it would be an undue financial and administrative burden Undue burden means “significant difficulty or expense”

Communication with People Who Have Hearing Disabilities

• Look directly at the person
• Get in person’s line of sight
• Move to location with less background

noise

• Move to location with good lighting
• Do not stand in front of a window (glare)

• Standing in front of plain wall is best
• Don’t cover your mouth, chew gum
• Don’t turn away while speak
• Don’t speak while person is reading or

writing

• Provide pertinent information in writing

(schedules, work assignments)

Classes/Groups/Meetings

• Confer with person who has the hearing or

visual disability

• Discuss communication rules with group
• Take turns speaking
• Ask people not to interrupt

Classes/Groups/Meetings

• Facilitator/teacher: Point to person

speaking and say his/her name “Nancy do you have something to add?” Gesture towards Nancy. OR

• Have person say their name before

speaking (a few times)

Leaving Ensuring Effective Communication Moving on to General Nondiscrimination Requirements Reasonable Modifications of Policies, Practices and Procedures

Your Questions

• 1. What do we do when the participant or

guardian’s expectation of reasonable differs from ours?

• 2. What is reasonable for OCD or ADHD in a

residential summer camp setting?

• 3. For other disabilities in a camp setting?

General Nondiscrimination Eligibility Criteria

An organization may have eligibility criteria that screen out certain people with disabilities IF the organization can show that the requirements are necessary for the “provision

• f the goods or services”

General Nondiscrimination Safety Issues

An organization may impose legitimate safety requirements necessary for safe operation. The safety requirements must be based on real risks, not on speculation or stereotypes about people with disabilities.

General Nondiscrimination Requirements

• When necessary to ensure equal opportunity
• “Reasonable modifications” must be made to

policies, practices, procedures

• Unless the modification would be a

“fundamental alteration” or a safety issue

1.1

ADA Service Animal – New in Regs

• Any dog individually trained to do work or provide

tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability

Service Animals For people who are blind or have low vision

Assisting with navigation and other tasks

Service Animals For People with Mobility Disabilities

Providing physical support, balance, pulling wheelchair Retrieving items – medicine, phone

Service Animals For People who are Deaf or Hard of Hearing

Alerting individuals who are deaf or hard of hearing to the presence of people or sounds. Non-violent protection.

Service Animals For People who Have Epilepsy

Alerting person before a seizure or assisting a person during a seizure

Service Animals

Other examples of work or tasks in ADA regulations

• Alerting people to the presence of allergens
• Helping people with psychiatric and

neurological disabilities by preventing or interrupting impulsive or destructive behaviors

1.1

Not considered work or tasks

The provision of

• emotional support
• comfort

ADA Service Animals

You may ask:

1.

Is this a service animal required because of a disability?

2.

What work or task has the animal has been trained to provide?

1.1

Service Animals

Care/supervision is

• wner’s responsibility

May exclude if animal's behavior poses a direct threat to health or safety Must be under control of

• wner at all times (on

leash except in narrow circumstances)

ADA : Miniature Horses – New in Reg

1.1

Reasonable Modification of Policies, Practices and Procedures

• You may exclude miniature

horses places you may not exclude a service animal

• There are assessment

factors to determine whether

• r not appropriate in

particular facility (size, housebroken, etc.)

Reasonable Modifications of Policies, Practices and Procedures?

• Mr. F sends an email to you stating that he

has multiple chemical sensitivity and must be in buildings that have used only unscented cleaning products in the past week and where no one is wearing perfume, cologne and other scents. He would like to participate in one of your programs. What are your thoughts about this request?

Reasonable Modifications of Policies, Practices and Procedures Lessons for Staff

• Recognize requests
• ADA issue or customer service issue?
• Don’t say “no” right away.
• Know whom to discuss the request with.
• Engage in informal interactive process if

necessary.

Leaving General Nondiscrimination Requirements Reasonable Modifications of Policies, Practices and Procedures Moving on to

Attracting a diverse audience of people with disabilities for programs First let’s discuss who is a “person with a disability”

ADA Definition of Disability

A person who:

• 1. has a physical or mental impairment that

substantially limits a major life activity

• 2. has a history of a physical or mental

impairment that substantially limited a major life activity OR

• 1. is regarded as having a physical or mental

impairment that substantially limits a major life activity

People with Mobility Disabilities

People with Mobility Disabilities

People with Mobility Disabilities

People with Mobility Disabilities

People who are blind

People who are deaf using sign language

Girl who is deaf with cochlear implant

People who are hard of hearing

People with intellectual disabilities

People with Non-Apparent Disabilities

Psychiatric illness Diabetes Cancer Epilepsy Arthritis Learning disabilities Allergies Etc.

Attracting a diverse audience of people with disabilities for programs Your ideas?

Attracting a Diverse Audience of People with Disabilities

• Independent Living Centers

www.ilru.org/html/publications/directory/index.html

• National Federation of the Blind www.nfb.org
• American Foundation for the Blind www.afb.org
• American Diabetes Association www.diabetes.org/in-my-

community/local-offices

• The ARC www.thearc.org/find-a-chapter
• Arthritis Foundation www.arthritis.org/local-offices
• Disabled American Vets www.dav.org
• Paralzyed Veterans of America www.pva.org
• Easter Seal www.easterseals.org
• National Association for the Deaf

www.nad.org/community/state-association-affiliates

• National Association of Community Health

Centers www.nachc.com/BehavioralHealth.cfm

• National Alliance on Mental Illness www.nami.org
• National Multiple Sclerosis Society

www.nationalmssociety.org/index.aspx

• State Agencies - Depts. of Developmental Services,

Mental Health, Vocational Rehabilitation, Aging, Elder Affairs

• Municipal/county Senior Centers, Disability Commissions

Children specific

• State and local Special Education Depts.
• National Dissemination Center Children with

Disabilities – Organizations by State

http://nichcy.org/state-organization-search-by-state

Questions? Discussion?