Accommodations in the

Workforce and The Americans

with Disabilities Act - Part 1Ron Clark, Chris Fink, Jonathan Mize, and Randi

Turner

Purpose: Part 1

Goals:

◦ What businesses are covered under ADA Title I, II

or III

◦ Key areas where reasonable accommodation is

required in the employment process;

◦ When disability related questions may or may not

be asked

◦ How to define undue hardship and/or undue burden

◦ What entities are exempt from ADA compliance;

◦ Reasonable accommodation options

ADA Title I: Employment

Business with 15 or more employees

Qualified for the job

Can perform the essential functions with or without reasonable accommodation

Not an undue hardship

ADA Title II: State and local

government

Affects state and local government agencies

Ensures access to programs and services

Requires reasonable modification to policies practices and procedures

Elimination of physical barriers

Ensures communication access

ADA Coordinator for city and counties required for 50+ employees. ADA Title II Best Practices Tool Kit

ADA Title III: Public Accommodation

Affects private business

Ensures access to programs and services

Requires reasonable modification to policies

practices and procedures

Elimination of physical barriers

Ensures communication access

Religious entices and private clubs exempt

Examples??

ADA Key Terms

Activity

Height adjustments …

Dictation software

Video magnifiers

Assistive software

Keyboard and mouse

Assistive Listening Systems

Communication Device

Video Relay Service (VRS)

VRS - PURPLE COMMUNICATIONS

Video Remote Service

Video remote interpreting (VRI) is a video

telecommunication service that uses devices

such as web cameras or videophones to

provide sign language or spoken language

interpreting services.

VRI - ASL INTERPRETING SERVICES

https://vimeo.com/83705283

Benefits to hiring people with

disabilities

Business gains access to a new and vital talent pool of workers.

A healthy workforce includes people with different abilities.

Diverse workforce gives a competitive edge by adding new ideas, viewpoints, and approaches to solving business challenges.

Employees and customers notice and appreciate diversity.

Benefits (cont’d)

The average accommodation costs less than $500.

Companies can earn an average return of $28 for every dollar invested in making an accommodation.

Retention rates among people with disabilities are higher than average.

People w/disabilities are loyal customers to businesses who support them.

Tax benefits

Tax benefits directly from the IRS

http://www.irs.gov/Businesses/Small-

Businesses-&-Self-Employed/Tax-Benefits-

for-Businesses-Who-Have-Employees-with-

Disabilities.

http://www.irs.gov/Businesses/Small-

Businesses-&-Self-Employed/Tax-Benefits-

for-Businesses-Who-Have-Employees-with-

Disabilities

Resources

Job Accommodation Network – JAN

http://askjan.org

◦ Search accommodations by disability, type, or

topic: http://askjan.org/links/atoz.htm

Disability Rights Texas

https://disabilityrightstx.org/employment

Resources (cont’d)

U.S. Department of Labor, Office of

Disability Employment Policy

http://www.dol.gov/odep/topics/accommo

dations.htm

Computer/Electronics Accommodations

Program for military and federal

government agencies (CAP) http://cap.mil

www.ada.gov

http://legalbrief.com/kirshman.html

Questions?

Demonstrations

Contacts:

Ron Clark, Ronald.clark@twc.state.tx.us;

512-377-0568

Chris Fink, chris.fink@twc.state.tx.us;

512-377-0569

Jonathan Mize, jonathan.mize@twc.state.tx.us;

254-750-9606

Randi Turner, randi.turner@gov.texas.gov;

512-463-5740