Section 503 Refresh: Developing Your Inclusion Strategy Lou Orslene, CPDM, MPIA, MSW JAN Co-Director...

Section 503 Refresh: DevelopingYour Inclusion Strategy

Lou Orslene, CPDM, MPIA, MSW JAN Co-Director

800-536-7234 Voice877-781-9403 TTY

Ask.JAN.org

http://askjan.org/landingpage/DCBLN2012/

A free service of the Office of Disability Employment Policy, U.S. Department of Labor

Job Accommodation Network

Presentation Overview

1. Job Accommodation Network (JAN) 1. Job Accommodation Network (JAN)

3. Signs that Your Doors are Open3. Signs that Your Doors are Open

6. Questions6. Questions

Section 503 Refresh

2. OFCCP Proposed Changes - Section 503 2. OFCCP Proposed Changes - Section 503

4. Disclosure and the Interactive Process4. Disclosure and the Interactive Process

5. Making Your Business Inclusive 5. Making Your Business Inclusive


Job Accommodation Americans with Disabilities Act Self Employment

JAN Overview


25 Years of Service Experienced Free National Easy to Use

JAN Overview


Employers Individuals Rehabilitation and educational professionals Others

JAN Overview


JAN Overview


Accommodation and ADA Consultation Technical Assistance Documents Process and Guidance Benefit/Cost Research Policy Development

JAN Overview


RESULTS:56% were made at no cost$500 was the typical cost reported

JAN Study


Retained a valued employee 89%

Increased the employee’s productivity 71%

Eliminated costs of training a new employee 60%

Increased diversity of the company 43%

Saved workers’ compensation/other insurance costs 39%

Promoted an employee 10%

Direct Benefits after Accommodation


Improved interactions with co-workers 68%

Increased overall company morale 63%

Increased overall company productivity 59%

Improved interactions with customers 47%

Increased workplace safety 45%

Increased profitability 32%

Increased customer base 18%

Indirect Benefits after Accommodation

OFCCP Proposed Changes

Directly from OFCCP

Webinar on Section 503

http://www.dol.gov/ofccp/Presentation/Webinar_503_January_11_2012.htm

JAN Study

OFCCP Proposed Changes FAQs About the NPRM

How Do I Submit Comments? By February 7th, 2012

Electronically, (most common) by accessing the Federal eRulemakingportal called regulations.gov:

http://www.regulations.gov.

Follow instructions for submitting comments using RIN number 1250-AA02; OR

Mail or hand deliver/courier to:

Debra A. Carr, Director, DPPPD,

Office of Federal Contract Compliance Programs, Room C-3325

200 Constitution Ave, N.W., Washington, D.C. 20210.

FAX (comments of 6 pages or less) to (202) 693-1304


NPRM Overview

Incorporate changes necessitated by the

ADA Amendments Act of 2008 Require annual review of personnel processesRequire outreach & recruitment measuresMandate job listing requirements

JAN Overview: Start with JAN


NPRM Overview (2)

Modify invitation to self-identifyEstablish a national utilization goalRequire written reasonable accommodation proceduresRequire increased data collectionModify compliance evaluation procedures


Necessitated by the ADAAA

ADAAA applies equally to Section 503. ADAAA primarily broadens the definition of “disability;” became effective January 1, 2009.NPRM revisions consistent with amended EEOC regulations.

JAN Overview: Start with JAN


Annual Review of Personnel Processes

Mandate previously recommended steps contractors must take to review their personnel processes, and to review physical and mental job qualificationsReview and its results must be documentedReviews must take place annually rather than periodically


Mandatory Outreach/Recruitment EffortsProposes requiring that contractors: List all openings with the employment delivery service/One-Stop;Enter into at least 3 linkage agreements; Annually review effectiveness of recruitment efforts; and Document this reviewRecords must be kept for 5 years


Invitation to Voluntarily Self-Identify

Proposes both pre-offer & post-offer invitations

ANDAnnual anonymous resurvey of employeesOFCCP will mandate text of contractor invitationsWill provide much needed data to evaluate workplace practices


Establishment of a National Utilization Goal

National utilization goal of 7% for each job group in workforce Based on limited American Community Survey (ACS) labor force & discouraged worker dataGoal is neither a quota nor a ceilingAn important tool: “What gets measured gets done”


Written Reasonable Accommodation Procedures

Proposes contractors develop and implement written procedures for accommodation requests.

Procedures must be in AAP and contain specific elements, including: How to request reasonable accommodation;Written confirmation of RA requests;Timeframe for processing RA requests;When medical documentation may be sought;Denials in writing, including the basis for denial; andResponsible official and contact information


Increased Data CollectionProposes contractor document & maintain specific data computations, including :The ratio of jobs filled to job openings;The ratio of applicants with disabilities to all applicants;The total number of applicants hired; andThe ratio of individuals with disabilities hired to all hires.Records must be kept for 5 years


Compliance Evaluation ProceduresProposes revisions to compliance evaluation procedures: Contractors must provide records in any available format that OFCCP requests;Allows access to records for compliance checks & focused reviews onsite OR offsite at OFCCP’s discretion; andAdds a pre-award compliance evaluation to make Section 503 consistent with EO 11246

Signs that Your Doors are Open

Four Signs the Doors are Open

Accessible Worksite

Accessible Ethos - particularly language

Inclusive Policies and Practices

Accessible Workplace Technologies


Language TipsPeople First LanguageNo One is a VictimAdults do not have special needsDisabilities have various levels of impairment i.e. hearing, blind, autistic, etc.Mental Illness, correct? Not denigrating descriptions such as “nuts”, “crazy”, etc.Intellectual disability, correct? Not mental retardation


Meet and Greet Tips Just like you, right? Write down what you want to sayMeeting and talking with a person with blindnessSit down and relaxIntellectual disability Cosmetic disfigurementService animal Speech impairment Ultimately if you are unsure about how to communicate, ask the person


General Tips at Work

Abilities FirstAdaptive devices and assistive technologyCommunicate directly – eye contact - with a colleague with a disabilityGaining the attention of someone who is deafCommunication preferenceAsk the person first before providing assistance


Interviewing a Person with a Disability

Provide training to all the employees who might be in contact with a person with a disabilityFocus on essential functions of the jobDisability does not need to be disclosedVoluntary disclosure – affirmative action onlyHow to reply to a disclosure of disability


Supervising a Person with a Disability

Orient them to the evacuation proceduresLearning to navigate the officeRespect Privacy and do not make small talk about disabilityProductivity tools - Just do it But, if a person discloses and asks for an accommodation then begin the interactive process – communicate frequently, document, and meet your policy’s timelines


Policies and ProceduresReasonable Accommodation Policy

How to request reasonable Written confirmation of requestsTimeframe for processing requestsWhen and how medical documentation may be

soughtDenials in writing including basis for denialResponsible official and contact informationDetailed interactive process


Accessible Technology

Websites – JAN SNAP Tool Applicant Tracking System Online HR Systems Intranets Service Centers Products and Services Promotions – Marketing & Communications

JAN’s Interactive Process

Why have a process?

Consistency

Successful Accommodations

Good Faith Effort


ADA Basics

ADA Requires Reasonable Accommodation

Interactive Process Recommended

Amendments Act Broadened Coverage

Everything Else Stayed Same


Why people disclose?

To ask for job accommodations

To receive benefits or privileges of

employment

To explain an unusual circumstance


How do people disclose?

Probably will use "plain English" Probably will not mention the ADA Probably will not use the phrase “reasonable

accommodation”Will though express a need for an adjustment or

change at work is needed for a reason related to a

medical condition


How employees may disclose?

Verbally or in writing Supervisor HR Representative Disability Coordinator Other person stipulated by policy


Step 1: Recognizing an Accommodation Request

TIPSErr on the side of cautionAct quicklyAssign responsibilityConduct training


An employee who is on FMLA notifies his employer that he will need additional leave after his 12 weeks of FMLA run out.

Is this an accommodation request?


Is this an accommodation request?

Yes.

More leave (an accommodation) is neededbecause of a medical condition


Step 2: Gathering Information

TIPS

Find out the limitation and problemGet information from the employee when possible

Remember ADA rules for medical inquiries


In response to a poor performance evaluation, a teacher discloses that she has multiple sclerosis that is contributing to her performance problems and says she needs an accommodation.

Do we have all the information we need?


Job Accommodations That WorkDo we have all the information we need?

No. Do not know limitationsDo not know problem


Step 3: Exploring Accommodation Options

TIPSKeep an open mindInvite the employee to suggest accommodationsAsk the employee’s medical provider for ideasUse JAN when needed


A call center employee with heart/circulatory problems needs to take breaks to move around. Allowing more breaks will interfere with the employer’s call routing system.

How can we figure out what else might work?


How can we figure out what else might work?Call JAN!

Under desk pedal deviceMeets employees needs without leaving her desk


Step 4: Choosing an Accommodation

TIPSConsider the employee’s preferenceConsider a trial period


A customer service representative with diabetes had a strong body odor that he could not reduce until he got his diabetes under control. His employer was considering putting up cubicle walls and an air-purifier in his work area. His job could be done from home but the employer was concerned about isolating the employee.

How should the employer decide which accommodation to choose?


How should the employer decide which accommodation to choose?

Talk with the employee! Employee preferred to work at home so

not forced isolationEmployee was more concerned about the

cubicle/air-purifier drawing attention


Step 5: Implementing the Accommodation

TIPSMake sure all necessary steps

are taken to implement the accommodation

Communicate with essential personnel about the accommodation


A secretary with a shoulder injury and 10 pound lifting restriction had to get bulk items weighing more than 10 pounds from the storage closet. Her employer purchased her a small lifting device for office settings.

Is that it?


Is that it?

No.May need to be assembledEmployee may need instruction in useRoute of travel may need to be established


Step 6: Monitoring the Accommodation

TIPSCheck on effectivenessMaintain the accommodationEncourage ongoing

communication


An auditor with progressive vision loss from macular degeneration started using screen reading software a year ago. Recently the employer purchased new database software only to find out that the employee’s screen reading software would not work with the new database. How could the employer have avoided this problem?


How could the employer have avoided this problem?

When purchasing new products and equipment:

Remember to consider accessibility issues Do not forget about existing accommodations

Making Your Business Inclusive

J.P Morgan Chase uses a top down approach…

Champion in the “C” SuiteEveryone from the Board to the CEO to senior division heads needs to lend their collective weightNeeds and direction of the new initiative should come from the topInstitutionalized channels of communication should be used to inform everyone company wide

Joan McGovern, Vice President at Corporate Diversity, JP Morgan Chase


Highmark Blue Cross Blue Shield uses a strategic approach to disability…

Establish a diversity recruiting commitmentDevelop a diversity performance objectiveBuild a diversity and inclusion strategic planTrain, train, train Set a centralized accommodations budget

Tammie McNaughton, HR Strategies, former Director of Corporate Diversity & Work Life at Highmark Blue Cross Blue Shield


Start by:

Indentifying internal championsDeveloping an internal and external communication

or outreach plan for the companyDeveloping a baseline and goalsIdentifying external partners to assistDeveloping a company-wide training programTesting the accessibility of your systems


Start internally by:

Developing internal expertise concerning issues of disability

Updating your accommodation policy and proceduresIdentify current employees with disabilities who are

open about their disability and willing to for instance help start an employee resource

groupProvide champions with information to dispel the

myths about disability when they arise


Start externally by:

Visiting other companies or joining US BLN to identify a mentor

Asking other companies for their benchmarks Identifying external partners for technical

assistance Identifying external partners to build your talent

pipeline Reviewing articles and books on inclusion


As part of your internal communications - what

everyone needs to know:

Who are you top champions Who the point person and internal expert is for

disability related questions What to do if someone discloses How are accommodations funded How will they be held accountable


Recruiting and Hiring

Have a process in place to follow up with

applicants or candidates who disclose Accessible and usable on-line application system Accessible collateral hiring materials Accessible tests required of the applicant or

candidate Voluntary, confidential self-identification form Accessible training materials for new employees


Retention Again partnering with JAN, your state VR agency or other local

organizations Have an accommodation team with a single point of contact for

accommodation requests Have a centralized accommodation fund Have a confidential and objective process in place for

determining accommodations Practice universal accessibility by insuring:

software or hardware accommodation operates with your database systems and intranetcompany training materials are accessiblecompany multimedia is accessiblecompany communications are accessiblePhysical site is accessible

Know Your Resources Select Resources:

Recruiting - GettingHired.com http://www.gettinghired.com/ One More Way http://onemoreway.org/ Workforce Recruitment Program (WRP) http://www.dol.gov/odep/programs/workforc.htm EARN http://www.askearn.org/ Emerging Leaders Program http://www.emerging-leaders.com/ Career Opportunities for Students w/Disabilities (COSD) http://www.cosdonline.org/

Accommodation, ADAAA , and AT Technical AssistanceJAN AskJAN.org

Hardware/Software/Website Accessibility Issues- SSB BART Group Inc. https://www.ssbbartgroup.com/index.php WebAim http://webaim.org/

Leaders in Inclusive Workplaces - US Business Leadership Network http://www.usbln.org/

Guidance, Publications, & Research - SHRM Disability Resources

http://www.shrm.org/hrdisciplines/Diversity/Articles/Pages/disability_072110.aspx ADA National Network (DBTAC) http://www.adata.org/Static/Government.aspx Diversity Inc.(Disability page) http://www.diversityinc.com/department/255/Disability/

Section 503 Refresh: Developing Your Inclusion Strategy Lou Orslene, CPDM, MPIA, MSW JAN Co-Director...

Documents

Transcript of Section 503 Refresh: Developing Your Inclusion Strategy Lou Orslene, CPDM, MPIA, MSW JAN Co-Director...