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The ADA & Your Workforce Center

An ADA Case StudyDBTAC: Rocky Mountain ADA Center

800/949-4232 (V, TTY)Jana Copeland jcopeland@mtc-inc.com

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Disclaimer Information, materials, and/or technical

assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA.

DBTAC authorized by NIDRR to provide information, materials, and technical assistance to individuals and entities that are covered by the ADA.

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Session Agenda Learn a little about the ADA by completing

a hands-on case study (courtesy of www.wiawebcourse.org)

Address any of your disability-related issues and concerns

Answer your ADA questions

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Part I

An introduction to your customer and her employment

needs

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Meet Laurie… Laid off from her job 2

months ago due to downsizing

Has been aggressively seeking employment on her own with no success

First time user of workforce center services

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Employment Needs Position desired: Technical writer or editor Skilled writer and good editor who works

well with others Competent worker with over 15 years

experience in the field

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Disability-related Issues Laurie was diagnosed with bi-polar II

disorder 10 years ago. Common symptoms include:

Anxiety resulting in misplacing items, short term memory loss, anxiety attacks

Prescribed anti-anxiety medication causes drowsiness

Difficulty maintaining concentration Difficulty handling excessive stress levels

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Needed Accommodations Worked out by Laurie and her doctor Include:

Antidepressant medication twice daily Having information in written form as backup to alleviate

anxiety Takes public transportation as needed instead of driving Thinking ahead of how to cope with possible panic

attacks and providing herself a “way out” Quiet workspace with limited distractions Flexibility to work from home or arrive later in the

morning (when anxiety levels are elevated)

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Question 1

Is Laurie covered by the ADA?

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Answer: It depends!ADA Definition of Disability Mental or physical condition that

substantially limits one or more of life’s major functions

Record of impairment which substantially limits…

Regarded by others as having…

Note: Diagnosis of an impairment does NOT necessarily mean a “disability”

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Question 2

What are Laurie’s rights in the workplace?

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Answer: 2 areas of ADA protection Employers cannot discriminate against her

in regard to any employment practice, policies, conditions, or privileges of employment

Employers must provide reasonable accommodations to qualified individuals with disabilities.

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Reasonable Accommodations Modifications or adjustments to a job,

employment practice, or work environment that makes it possible for an individual with a disability to enjoy an equal employment opportunity

Equal employment opportunity: opportunity to attain same level of performance or to enjoy equal benefits and privileges of employment

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Accommodation Basics Must be an effective accommodation Must only reduce employment-related

barriers Need not be best accommodation, just effective

Personal devices not required Employer not prevented from providing

extra accommodations Ongoing process, not a one-shot deal

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Question 3

What are Laurie’s responsibilities during the accommodation process?

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Answer: Be Involved Process must be initiated by the employee

with a disability- disclosure required Provide documentation of need for

accommodation if requested Be involved in process of identifying

effective accommodation

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Question 4

When is the workforce center required to provide

accommodations for Laurie?

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Answer: It Depends! Because this is a hidden disability, Laurie

will need to disclose to the WFC before the ADA responsibilities kick in.

Programs, services, and activities must accessible to QIWDs

Provide reasonable accommodations when necessary

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Question 5

How does workforce center staff know what accommodations are appropriate for each customer?

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Answer: Case-by-case basis Interactive discussion process with the

customer Know your accommodation resources Issues related to psychiatric disabilities

vary among individuals and depend upon the condition and specific limitations that person is experiencing

People with disabilities know what works best for coping with the effects of their disability!

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Question 6

Is the workforce center required to provide the accommodation

that the customer wants?

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Answer: Not usually Rule of thumb: accommodation must be effective

Exception: primary consideration When an auxiliary aid or service is

required, a public entity must honor the choice of the individual, unless it can demonstrate another equally effective means of communication is available. Fundamental alteration Undue financial or administrative burden

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Part II

Laurie’s first visit to the workforce center

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Arrival at the WFC Appreciates open arrangement/layout of

workforce center facility- bright lighting, wide doorways and paths of travel, clearly defined work areas, clear signage

Layout allowed her to see where everything she may need was located

Her anxiety levels regarding her first visit were alleviated.

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Customer Service Laurie drops her folder with her resume,

letters of recommendation, references, and list of work skills, key responsibilities, and various projects associated with past jobs

No longer calm- begins shaking, heart pounds, vision blurs

The receptionist notices her distress

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Question 7

What should the receptionist do?

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Answer: Be Proactive Receptionist lets Laurie step out of line to

collect her thoughts and return to line without losing her place

Laurie moves to one side of the counter, does a calming exercise, and moves back into line

Requests to take forms home to fill out and return later because her hands are still shaking

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Question 8

Is this a reasonable request?

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Part III

Laurie as a workforce center customer

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Question 9

Should Laurie disclose her disability to potential

employers?

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When should you disclose? Applying with a state or Federal agency

with affirmative action responsibilities Job relates to your experiences as a

person with a disability Having a disability is a requirement Job-related limitations require you to

request a reasonable accommodation

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Disclosure Strategies If asked on an application to disclose, leave blank During an interview, be prepared to answer

difficult questions (like gaps in work history) Be aware that the client may need to provide

medical documentation when requesting accommodations

Focus on abilities and skills, not disability Ultimately, disclosure is your client’s prerogative!

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Question 10

Does Laurie have any recourse if she is discriminated against

because of her disability?

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Answer: File a Complaint Must contact the EEOC first before taking

private action What happens when you contact the

EEOC? Complaint tips Right to Sue Letter

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Question 11

What resources are available for you and Laurie?

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DBTAC (aka ADA Center) Ten regional centers funded by the US

Department of Education Mission: Provide technical assistance on the ADA

through training, materials, and direct assistance Contact info:

Toll free hot line 800/949-4232 (voice/TTY) www.adainformation.org or www.adata.org

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Additional Organizations National Center on Workforce & Disability

888/886-9898 (V,TTY) www.onestops.info Job Accommodation Network (JAN)

800/526-7234 (V,TTY) www.jan.wvu.edu U.S. Dept. of Justice

800/514-0301 (V) www.ada.gov U.S. Equal Employment Opportunity

Commission (EEOC) 800/669-4000 (V) www.eeoc.gov

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Online Learning Opportunities At Your Service: Welcoming Customers

with Disabilities www.wiawebcourse.org

Intro to Section 504 of the Rehab Act http://section504.elearning.dol.gov/

ADA Training Resource Center www.adacourse.org

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More questions?Jana Copeland, PhD

DBTAC: Rocky Mountain ADA Center3630 Sinton Road, Suite 103Colorado Springs, CO 80907

800-949-4232 (V/TTY)719/444-0269 (fax)

jcopeland@mtc-inc.comwww.adainformation.org