Access To Employment

Compliance and Design

Presentation at Creighton University

October 12, 2005

Bobbi Cordano, J.D.

Agenda Access for Faculty and Staff: Compliance and

Design– ADA Background– Role of DS/HR Office– Disability vs. Performance– Hidden Disabilities– Disclosure: Key to Success– The future: Integrated Return to Work/Work Retention

Universal Design: Instruction and Service Delivery (Brief discussion)

Compliance

Creighton University’s Legal Duty

Americans with Disabilities Act of 1990

Modeled after the Civil Rights Act 0f 1964, except it adds an affirmative duty to remove barriers, when reasonable.

Covered employers cannot discriminate against a qualified individual with a disability on basis of disability and must provide equal access to an opportunity or benefit of employment. (Title I)

Enforced by EEOC.

What is a Person with a Disability?

•Significantly impaired in a major life activity

Degree of impairment determined by length of time and functional limitations

Major life activities include seeing, walking, hearing, breathing, talking, thinking, reproduction, learning (this list is not exhaustive)

Who is a “Qualified Individual with a Disability”?

A person who can perform the essential functions of the job with or without reasonable accommodations

ADA Basics: Who’s Covered?

E'er Decides with E'ee Input

Functional Limitation(s)

Length of Time

Significant Impairment

ETC...

Learning

Reproduction

Thinking

Breathing

Walking

Hearing

Seeing

Major LIfe Activities(Not Exhaustive)

Job Description If removed, would it alter job signifcantly?

Can Perform Essential Functions of Job

Qualified

Qualified Person with a Disability

Reasonable Accommodations

Bridges Gap between Disability and Essential Functions

Ensure Equal Access to Opportunity or Benefit

Must be Effective (not the “best”)

Determining Accommodations

Employee

Disability Services Provider/HR

Supervisor/Manager

InteractiveProcess

Service Delivery System Requirements

Confidentiality of Medical Records Expertise in Determination of Disability Expertise in identifying options and/or

resources for reasonable accommodations Ability to develop plan for provision of

accommodations

Scenario 1:

David is in a probationary period as an Administrative Assistant. You note that he is having difficulty getting assignments completed on time. He has a messy desk and is frequently running late to meetings. Your nephew was recently diagnosed with Attention Deficit Disorder (ADD) and wonder if David has some of the same traits. David has very strong computer skills and you like his enthusiastic personality. He is a great match for the office and youwould like him to continue in his position, but work is not getting finished.

How would you handle this situation as his supervisor?

Discussion Questions for Scenario 1:

How would you assist David with his performance?

Can you ask David about ADD in order to

provide an accommodation?

Disability vs. Performance

Disability is a condition that resides in individual

Accommodation should equalize playing field

Performance is the work output expected and defined by Employer

Expect same standard of performance

Person with disability must perform essential functions of the job with or w/o reasonable accommodations.

Scenario 2: Sharon has worked as a Senior Office Specialist for 3 years.She requests to speak with her supervisor in private. She tells her that she was recently diagnosed with bipolar and is unsure of her ability to work. Her therapist wrote a note for work which states that she needs a job with less stress.She stated that the lithium she is taking has side effects that are bothering her. In fact, some days it is hard to get to work at all. She also needs time off each week for therapy appointments. She feels like her co-workers are upset with her because she is having trouble gettingher work done and they are picking up the slack. When she told a coworker about her illness, the coworker told her she should just “snap out of it”.

How should the supervisor deal with this situation?

Scenario 2: Questions to consider

Does Sharon have to disclose her diagnosis to her supervisor?

Is Sharon requesting an accommodation? What is less stress? Does FMLA play a role? How should coworker situation be

addressed? What is the role of HR/Disability Services?

Common Mistakes Made By Supervisors During the Accommodation Process

Not keeping medical information confidential and

respecting boundary issues.

Not utilizing the resources available at the university.

Not addressing work performance issues. Supervisors should not assume that job performance issues are related to the employee’s disability.

Common Mistakes (cont’d)

Not communicating with the employee during the accommodation process. The employee has valuable input as well as a choice about utilizing accommodations.

Not realizing that the need for accommodations may change over time. Accommodations may also need to be fine tuned or altered once put into place. It is a process!

Not practicing the effective management skills you already have!

Definition of Chronic, Changing andHidden Disability or Medical Condition

A chronic and changing disability or medical condition is something that is long term, with symptoms that may fluctuate in the type and degree of severity over the course of the illness.

Hidden Disabilities and Reasons Why It Is Difficult to Disclose

Fear of social stigma Fear of being fired Privacy issues Public image Fear of coworkers finding out Fear of the unknown Not knowing what to request for an

accommodation!

Common Thoughts by People with Hidden Disabilities

I look fine. No one would believe that I go home and crash everyday.

Will my supervisor believe me? Will people think that I’m using this as an excuse? I was doing pretty well last month. Will people be

confused that I didn’t need an accommodation before but now I do?

He’s looking good,

But………………

Why would anemployee with a hidden disability choose to disclose the disability at work?

Examples

Multiple Sclerosis Major Depression / Anxiety Diabetes Hearing Loss Fibromyalgia Lupus AIDS Arthritis Etc

Hidden Disabilities and Reasons Why It Is Difficult to Disclose

Fear of social stigma Fear of being fired Privacy issues Public image Fear of coworkers finding out Fear of the unknown Not knowing what to request for an

accommodation!

.

Employers are obligated to make an accommodation only to the known limitations of an otherwise qualified individual with a disability

It Takes Two People…

Scenario 3:

John, a tenured faculty member in Political Science and a distinguished fellow at the University, has been losing his hearing over the last 5 years. He recently got “in-the-ear” hearing aids.

You are the Chair of the department. John has just complained to you that “students don’t speak up like they used to.” At the last faculty meeting, he appeared frustrated and left early.

Discussion Questions for Scenario 3 What is your role and responsibility in this

situation? What responsibilities, if any, can be placed

on his colleagues and students?– How would this be carried out?

What resources are available?

Disclosure: Keys to Success Using 4 Environments Analysis

Disability or medical condition information is personal.

Examine 4 environments to see if it is designed to support disclosure.

4 Environments--Examples

Physical Is the workplace equipped with ergonomic

furniture? Does management provide different types of equipment that recognizes differences among employees?

4 Environments--Examples

Programmatic/Policy Are there clear procedures and policies that

ensure understanding by employees on how to request modifications or accommodations?

Is management provided information about how to assist employees or to provide modifications or accommodations?

Is there a clear policy on who is responsible for paying for modifications or accommodations?

4 Environments--Examples

Informational: Are employees educated about how to request

modifications or accommodations and how confidentiality will be respected? How is this information made available? Is it in multiple formats (e.g. online and in writing)? Is it easy to find?

Are supervisors provided resources in multiple formats? Is it easily accessible?

Do supervisors receive training on how to handle conversations where they maintain their role and responsibilities appropriately?

4 Environments--Examples

Attitudinal

Do supervisors routinely demonstrate respect for confidentiality of information about others?

Do supervisors demonstrate commitment to productivity with respectful sensitivity to the personal/professional needs of employees?

Are conversations respectful of other people and their differences?

Best Practices in Providing Services

Supervisors & Depts

EmployeesInstitution

•Training & Consultation•Discuss “Essential Functions•Handle Medical Documents and determine work restrictions•Support supervisors with strategies•Coordinate accommodations

•Discuss Rights and Responsibilities•Discuss disability/med-related concerns•Confidentially hold medical records•Document disability or med. condition•Determine work-related needs (restrictions)•Determine reasonable accommodations

•Determine if E’ee condition result of workplace•Conduct risk assessment to reduce possibility of reinjury and prevent injury for others•Promote oppt’y for prof. development•Retain valuable human capital

HR/DSOffice

Remember Curb Cuts?

University of Minnesota Experience

Progressing from direct service focused on disability to expanded return to work services for people with medical conditions or injuries

Disability Services-Employee Services Started nearly 10 years ago in response to Title I. Hired staff with Rehabilitation Experience

(Qualified Rehabilitation Counselors) Work evolved to include employees with medical

conditions who sought to improve or return to previous levels of productivity.– Departments covered costs of modifications for

employees with medical conditions

Work Place Trends Aging

• National workforce median age: 40.5 in 2004. Projected to be 41.4 in 2012.• U of M workforce median age: 45

– Bargaining Unit: 43 – Civil Service: 42 – P&A: 45 – Faculty: 50

Stress• One of the fastest growing reasons for loss time• $300 billion in costs nationally.

Growing of people with disabilities in the workforce• The number of people with disabilities in the workforce increased to

over 20 million workers in the United States constituting 12.4% of the workforce. (Annual Disability Status Report, 2004, Cornell Univ.)

Chronic Illness• 1 in 3 people experience chronic illness in U.S. (CDC, 2004)

Evolution to Return to Work Services

As a result, the University developed a segregated service system:

one focused on non-occupational injuries, illnesses and disability (Disability Services)

one focused on occupational injuries, illness and disability (Workers Compensation)

This system focused on E’ee’s claim status rather than ability to return to work.

Using what we’ve learned to:

Encourage an environment that fosters support for disclosure to obtain support for workplace modifications

Proactively manage human capital to increase productivity and control costs

Realize significant budgetary, programmatic and workplace benefits

Integrated Return-to-Work/Work Retention (IRTW/WR):What is it?

A transformative model of coordination and service delivery to staff, faculty and management experiencing loss time.

1. “One-Stop-Shop” approach to managing loss time incidences, regardless of etiology or claim status.

2. Philosophy change in managing loss time.

Objectives of IRTW/WR

Consistent, effective process focused on work retention and productivity of human capital– Early intervention– Internal case management

Accountability for managing loss time and retention

Seamless and effective collaboration among key offices

An illustration of U of M’s IRTW/WR Institutional Partners

Shared Qualities between DisabilityAccommodations and Return to Work Services

Disability Accommodations

Focus on productivity through reasonable accommodations

Use technology and accommodation services to “fill in the gaps.”

Confidential process for handling medical records

Experience with risk assessment and “work hardening” and other skills important to recommending accommodations and preventing disabilities for other workers.

Return to Work Services

Focus on retention and productivity of existing employees with medical conditions (illnesses and injuries)

Use technology and similar accommodation options to return employees with medical conditions to work

Need confidential process for handling medical records to prevent risk of discrimination later, if condition becomes a disability

Risk Assessment and “work hardening” skills very useful.

A Few Other Notes…

Universal Instructional Design

Includes alternatives Focuses on accessibility Includes many accommodations that

already exist Benefits many types of students

Principles for Applying Universal Instructional Design

Create a welcoming classroom climate Determine essential components Provide clear expectations and feedback Incorporate natural supports for learning Use varied instructional methods Provide for a variety of ways of demonstrating

knowledge Use technology to enhance learning Encourage faculty-student contact

Source: Curriculum Transformation and Disability. Funded by U.S. Department of Education. Project #P333A990015. Copyright 2000.

Universal Design

Universal Instructional

Design

Benefits many

Respectful climate

Upfront planning

Alterna-tives

Instructor/Student

Built environ-

ment

Curriculum/policy

Physical disabilities

All disabilities

Architect/Public

EducationArchitecture

Some Resources on UID…

U of M DS web page: http://ds.umn.edu/faculty/applyingUID.html

Curriculum Transformation and Disability (CTAD): Implementing Universal Design in Higher Education: http://www.gen.umn.edu/research/crdeul/books

Universal Design for Instruction Fact Sheet from the University of Connecticut: www.facultyware.uconn.edu

Center for Applied Special Technology (CAST): www.cast.org

Principles for Applying Universal Design to Customer Service

Create a welcoming office climate. Determine essential informational components. Provide clear expectations and feedback. Incorporate “natural supports” for conveying information. Use multimodal ways for presenting information. Use technology to enhance service. Encourage face-to-face contact for problem solving.

Used by permission. Adapted from Curriculum Transformation and Disability. Funded by U.S. Department of Education. Project #P333A990015. Copyright 2000.