Providing Reasonable Accommodations for

Individuals with Disabilities in National Service

ProgramsPresenter:

Dr. Suzanne Gosden Kitchen

Thanks for joining us today.

www.serviceandinclusion.org

Toll-free hotline: 888-491-0326 (voice/TTY)

www.serviceandinclusion.org

Toll-free hotline: 888-491-0326 (voice/TTY)

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Providing Reasonable Accommodations for

Individuals with Disabilities in National Service Programs

Dr. Suzanne Gosden KitchenSenior Consultant

Presentation Objectives

1. Learn to use the JAN website1. Learn to use the JAN website

2. Understand disclosure /documentation process under ADA2. Understand disclosure /documentation process under ADA

3. Identify job accommodations for various disabilities3. Identify job accommodations for various disabilities

Increase knowledge of various types of job accommodation under the ADA.Increase knowledge of various types of job accommodation under the ADA.

Increase knowledge of various types of job accommodation under the ADA.Increase knowledge of various types of job accommodation under the ADA.

4. Practice writing a job accommodation request letter.4. Practice writing a job accommodation request letter.

4. Practice writing a job accommodation request letter.4. Practice writing a job accommodation request letter.

Established for 25 Years Funded by the Office of Disability Employment Policy Based in Morgantown, WV Serves a national audience Provides electronic and telephone consultation, expert training, and comprehensive accommodation and compliance information

JAN Overview

38,000 contacts annually 3.5 million Web hits annually

Employers Individuals with disabilities Educational Professionals Rehabilitation and medical professionalsPeople with disabilities interested in self-employment

Who Uses JAN? EVERYONE DOES!!

Explore JAN on the Web!

Wonder why…

…some people with disabilities do not disclose their disability to others in the program?

Perhaps no accommodation is needed. Perhaps accommodations are implemented without

involving the program manager. Perhaps the specific accommodation is not known. Perhaps confidentiality is desired above all else. Perhaps there is skepticism or fearfulness about

disclosure. Perhaps there is shamefulness or embarrassment about

disclosure. …other thoughts??????

TO Disclose or NOT to Disclose…

Advocacy groups for people with disabilities may maintain a strong position FOR or AGAINST disclosure, for reasons such as:

Solidarity Change Empowerment Protection

TO Disclose or NOT to Disclose…

Sometimes people are advised: not to disclose to disclose at inappropriate times Do you have an experience to share?

But people do disclose…

…for some very good reasons!

Why Disclose?

To ask for job accommodations

To receive benefits or privileges specifically for employees with disabilities

To explain an unusual circumstance

HOW to disclose the disability:

The individual must let the program manager know:

an adjustment or change in service is needed for a reason related to a medical condition

To request accommodation, an individual: may use "plain English" need not mention the ADA need not use the phrase "reasonable

accommodation"

HOW to disclose the disability:

Verbally: or in writing, tell the… Program manger Site Supervisor Human Resource Representative or other appropriate person

Disclosure Scenario #1

Disability: ADD

Scenario: A Senior Corps member

Disclosure: Verbally tells supervisor of the disability and the need for written reminders on project details

Disclosure Scenario #2

Disability: Sleep disorder

Scenario: AmeriCorps member

Disclose: Verbally tells supervisor of the disability and explains the need for a assistive technology as an accommodation

HOW to Disclose the Disability

Documentation should be provided: when the disability is NOT obvious when the need for accommodation is NOT obvious

Documenting the Disability:

Documentation comes from appropriate professionals: Medical doctors Psychiatrists and psychologists Nurses Physical or occupational therapists Speech therapists Vocational rehabilitation professionals Licensed mental health professionals Educational professionals

Documentation explains that a person meets the ADA’s definition of the word “disability”

Physical or mental impairment Substantially limited - more limited than the average person Major life activities - things we do every day with little or no

effort: eating breathing walking talking seeing hearing learning

Documenting a Disability

Disability: Asthma

Scenario: The member has:

difficulty breathing

physical fatigue

blurred vision during/after asthma asthma attacks

Documentation: Explains these limitations, and justifies the need for reasonable accommodations

Documenting a Disability

Disability: Bipolar Disorder

Scenario: The member has:

difficulty concentrating

difficulty staying focused

difficulty interacting with coworkers

Documentation: Explains these limitations, and justifies the need for reasonable accommodations

Definition of Disability

Unique to ADA Different from other laws

IDEA SSA DMV

NOT automatically “disabled” under ADA if:

Had IEP from public school Receive SSI or SSDI benefits Hold a disability parking permit issued by

DMV

WHEN to disclose the disability:

May request accommodation any time during application process or period of service

No preclusion from requesting accommodation because you did not disclose “up front”

WHY to disclose the disability:

To request accommodation when a site barrier prevents you from

performing your job

As a practical matter request accommodation before

performance fails or conduct problems occur

What Accommodation to Request:

using assistive technology modifying your service/volunteer schedule acquiring a service using leave (time off) receiving a position reassignment implementing service/volunteer restructuring modifying service instruction or training materials other accommodations

tele-work adjusting supervisory method using a service animal modifying a policy

Using assistive technology:

any item or piece of equipment that is used to increase, maintain, or improve functional capabilities of individuals with disabilities

What does AT look like?

What does AT look like?

Modifying the service schedule:

a certain number of hours per day a certain number of hours per week a certain number of days in a row at a certain time of the day or night

Acquiring a service:

sign language interpreter CART service service/volunteer coach scribe reader

Using leave (time off):

to receive treatment to recuperate from impairment to avoid adverse conditions at work

broken elevator poor air quality during a renovation

how much leave not specified in ADA service position should remain open can’t be penalized for using leave

Reassignment:

to an equal position that is open, that the person is qualified for

the person does NOT compete for the position the employer does not have to create a position

Other accommodations:

tele-work or working from home adjusting supervisory method using a service animal modifying a policy

Case Study #1

Member with LD Volunteering at a local soup kitchen Limitations:

Sub-average reading skills

How might we accommodate her?

Case Study #1

Case Study #2 Member with Schizophrenia Volunteering by building homes in the community Limitations:

Difficulty managing stress Easily distracted

How might we accommodate him?

Case Study #2

Case Study #3 member with age-related vision loss Volunteering at local community center doing literacy tutoring Limitations:

Poor visual acuity Impaired memory

How might we accommodate him?

Case Study #3

ResourcesEEOC Guidance on Reasonable Accommodation and

Undue Hardshiphttp://www.eeoc.gov/policy/docs/accommodation.html

Ideas for Writing an Accommodation Request Letterhttp://www.jan.wvu.edu/media/accommrequestltr.html

Employee’s Practical Guide to Requesting and Negotiating Accommodations under the ADA

http://www.jan.wvu.edu/EeGuide/

Contact Information

(800) 526-7234 (V)

(877) 781-9403 (TTY)

http://www.jan.wvu.edu

jan@jan.wvu.edu

Suzanne Gosden Kitchen

Suzanne.Gosden@mail.wvu.edu

Questions