Employer Toolkit

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Employer Toolkit
OVE R CO MING B A R R I E R S TO WO R K I NG WI T H P E O P L E WI T H
DISA B I LITI ES A ND FOST ER ING AN INCLUSIVE CULT URE
America Works Best When
Everybody Works
Inclusion builds a better workforce.
A recent study by Adecco USA found that,
not only did the majority of workers think
that a diverse workforce makes their
organization more successful, the majority
also felt that the more diverse their
company, the more productive a worker
they would become.
For a Four-Step Reference Guide to
Building an Inclusive Workforce click here
Diversify Your Workforce
According to a case study in Do Ask, Do Tell, Wells Fargo put in place practices
to create a more disability-inclusive workplace by implementing the
following:
• Articulate a clear business case for why employing individuals with
disabilities is important
• Put a face on disability by sharing the stories of employees with disabilities
• Foster a strong resource group/business network on disabilities
• Capitalize on the convergence of aging workforce issues and disability
issues
• Help managers and employees be “disability confident”
• Communicate the benefits of self-identification for the employee
Good Workplace Policies and Practices for
People with Disabilities Benefit Everyone
• The stimulus that drives innovation and growth is
talent; organizations that identify and recognize
talent are best positioned to succeed in both good
times and bad.
• Employees with disabilities:
 Have Talent
 Help businesses gain a competitive edge through
innovative thinking
 Mirror an important and increasingly expanding
customer base
 Are experienced problem solvers with a proven
ability to adapt
 Value and want to work
For more information go to What Can You Do?
(What Can You Do?, n.d.)
Americans with Disabilities Act (ADA)
Basics
The ADA is a federal civil rights law that
was passed in 1990. Its purpose is to
protect people with disabilities from
discrimination in employment. It also,
requires employers to provide reasonable
accommodations for employees with
disabilities.
(Job Accommodation Network, 2015)
ADA Basics continued
The term disability as it applies to the ADA
means: (1) a person who has a physical or
mental impairment that substantially
limits one or more major life activity, (2) a
person with a record of such impairment,
or (3) a person who is regarded as having
such impairment.
(JAN, 2015)
What is a Reasonable
Accommodation?
A reasonable accommodation is a modification or adjustment to a job,
the work environment, or the way things usually are done that enables
a qualified individual with a disability to enjoy an equal employment
opportunity.
The ADA requires reasonable accommodations in three aspects of
employment:
1) To ensure equal opportunity in the application process
2) To enable a qualified individual with a disability to perform the
essential functions of a job
3) To enable an employee with a disability to enjoy equal benefits and
privileges of employment
(JAN, 2015)
Appropriate Etiquette
for Interviewing People with Disabilities
Interview Etiquette
• When referring to anyone with a
disability refer to the individual first,
then to his or her disability. It is better
to say “ a person with a disability”
than “the disabled.”
• Schedule interviews at an accessible
location. If the workplace is
inaccessible, be prepared to conduct
the interview at an alternate
accessible location. Provide directions
to an accessible path into the
building.
(Job Accommodation Network, 2011)
Interview Accommodations
• Let applicants know accommodations can be provided
upon request and who to contact for more information.
• Employers have an obligation to make reasonable
accommodations to enable applicants with disabilities to
participate in the interview process.
• Accommodations for interviews may include: an accessible
interview location for people with mobility impairments, a
sign language interpreter for a person who is deaf, a reader
for a person who is blind, and modified testing for a person
with a learning disability.
Disability Etiquette
Greeting the Interviewee
• Be aware of the interview location’s accessible
features including restrooms, drinking fountains,
and telephones.
• Use a normal tone of voice when welcoming the
interviewee.
• Call the person by their first name only when
extending similar familiarity to other
interviewees.
• Speak directly to the interviewee instead of any
companion, personal attendant, or interpreter.
(JAN, 2011)
Disability
Etiquette
Interviewing
• Always ask similar questions of all
interviewees, regardless of disability.
Conduct the interview emphasizing
abilities, achievements, and interviewee
qualities.
• Treat all interviewees with respect.
• Select an interview location with
adequate lighting.
• Speak directly to the interviewee instead
of any companion, personal attendant,
or interpreter throughout the meeting.
(JAN, 2011)
• Review physical features of the work
environment. If any create potential barriers for
new employees with disabilities, make
adjustments as necessary.
• Identify assistive technologies that may be
necessary to remove barriers for a new
employee.
Disability
Etiquette 2
New Employee
• As needed, provide alternate formats (e.g.,
large print, Braille, accessible documents) of all
necessary work related documents.
• Prepare co-workers and supervisors with an
overall disability awareness initiative that
includes training and orientation to disabilityspecific issues. The training should not be used
to single out a person with a disability.
• Include employees with disabilities in
emergency evacuation planning and
procedures.
(JAN, 2011)
Workplace
Etiquette 3
Individuals with Mobility
Impairments
• Do not make assumptions about limitations based on
appearance or the use of assistive devices. For example,
individuals who use mobility aids such as canes, walkers,
or wheelchairs have different limitations and may use a
mobility aid regularly or only as required by their
limitations on a daily basis. Also, people who appear to
be mobile may require accommodations such as
accessible parking because they are unable to walk long
distances due to a medical impairment (e.g., a person
with asthma or a heart condition).
• A wheelchair, mobility aid, or service animal is part of an
individual’s personal space; an extension of that
individual. Do not touch or lean on a wheel chair, move a
person’s walker or cane without being asked, or pet or
distract a service animal without first asking the
individual with the disability if it is okay.
(JAN, 2011)
Workplace
Etiquette
3.5
Individuals with Mobility
Impairments
• Be aware of the worksite and its
accessible and inaccessible elements.
Upon hiring a person who has an
obvious mobility impairment, offer to
provide a tour and evaluate the worksite
for accessibility.
• Make workplace accessibility changes
according to the specific work-related
needs of the employee (e.g., making
workspace modifications, keeping paths
clear, and positioning items at
appropriate reach heights, etc.)
(JAN, 2011)
• Keep disability etiquette in mind when planning workrelated social events or training opportunities. Host
events at accessible locations and design activities that
include all employees.
• Ask whether a person needs assistance before you help.
Extend the same courtesies to individuals with
disabilities as you would others. Do not be afraid to ask
how you can help.
Workplace
Etiquette 4
Individuals with Mobility
Impairments
• Sit down when speaking for more than a few minutes
with a person who uses a wheelchair so you are at eye
level.
• Be careful about the language you use. For example,
people who use wheelchairs or scooters are not confined
or bound to them. The wheelchair enables the person to
get where he/she needs to go. It does not confine the
person.
(JAN, 2011)
• Be familiar with the route of travel to the
interview location. Provide descriptive
directions that do not require the person to rely
on visual references. When appropriate, note if
Braille signage is posted on walls and doors.
Workplace
Etiquette 5
Individuals with Vision
Impairments
• Verbally greet and identify yourself before
extending your hand to greet a person who is
blind. Use the same courtesy when entering or
leaving a room, or saying good bye when
ending a conversation. Do not just walk away
when talking with a person who is blind or
visually impaired.
• Offer your arm instead of taking the arm of a
person who is blind or visually impaired when
guiding the person. As you walk, tell the person
where you are going, make note of steps or
slopes, and point-out opening doors or other
obstacles.
• Offer new employees a guided tour of the
workplace.
(JAN, 2011)
• Do not pet or distract a guide dog. When
walking along-side someone who is using a
guide dog, walk on the side opposite the
animal.
• Offer to read written information, when
appropriate, during an interview or on the job.
Workplace
Etiquette 6
Individuals with Vision
Impairments
• Inform an employee who is blind or visually
impaired of structural changes or hazards he
may need to be aware of in the event of new
construction or workplace modifications.
• Provide work-related materials, such as
employee handbooks or benefits information,
in an accessible format (e.g., large print, Braille,
or accessible web page accessed with a screen
reader).
(JAN, 2011)
• Be aware that individuals who are deaf or hard of
hearing communicate in various ways. Pay attention
to cues such as whether the person uses sign
language, is reading lips, writing, or gesturing. Do not
be afraid say that you do not understand if you have
trouble understanding the person’s speech. It is better
to find another way to communicate, such as through
writing notes, than to pretend to understand.
Workplace
Etiquette 7
Individuals Who are Deaf
or Hard of Hearing
• Do not put hands in front of your face, or food or other
items in your mouth when communicating with
someone who is reading lips. Also, do not turn your
head or walk away while talking. When possible,
speak in a well-lit room that is free from background
noises.
• Maintain eye contact and direct your communication
to the person who is deaf when using a sign-language
interpreter.
• Speak using a normal tone of voice unless asked to
raise your voice, and rephrase rather than repeat the
same words if you are not understood.
(JAN, 2011)
• Take turns when talking during a meeting so the
person who is deaf or hard of hearing can read lips if
they are able to.
• Get the attention of a person who is deaf or hard of
hearing before you start speaking by waiving your
hand, tapping her on the shoulder, or through some
other appropriate gesture.
Workplace
Etiquette 8
Individuals Who are Deaf
or Hard of Hearing
• Talk with the individual about his preferred method
of communication for job training or complex workrelated situations. When appropriate, provide a
qualified sign-language interpreter, CART service,
or training videos that are captioned.
• Remember to include employees who are deaf or
hard of hearing in casual conversation and social
events. Provide a sign-language interpreter for
employer-sponsored social events, when
appropriate.
(JAN, 2011)
• Be patient and listen. Do not complete words or
sentences for the individual. Do not be afraid to say
you do not understand. Ask him to repeat and then
listen carefully. Repeat what you heard to verify.
Or, ask him to write it down.
Workplace
Etiquette 9
Individuals with Speech
Impairments
• Be attentive in your mannerisms by maintaining
conversational eye contact and focusing on the
content of communication rather than the delivery
of the communication.
• Relax and communicate as you would normally.
• Provide interview questions in advance, if possible,
to allow the individual time to prepare and deliver
responses effectively.
• Consider offering a personal interview as an
alternative to a phone interview for people who
stutter.
(JAN, 2011)
• Be aware that products that are commonly used in the
workplace (e.g., air fresheners, cleaning products,
markers) can trigger a reaction for someone who has a
respiratory or chemical sensitivity. Use less toxic
products when possible.
Workplace
Etiquette 10
Individuals with
Respiratory Impairments
or Chemical Sensitivities
• Encourage employees to use fragrance-free products,
and discontinue wearing fragrances and colognes in the
workplace. Do not wear fragrances and colognes when
interviewing new employees. Fragrances, colognes, and
fragranced personal products can make some people
very ill.
• Make a commitment to maintaining good ventilation and
indoor air quality. This can benefit all employees.
• Do not make assumptions based upon appearance. For
example, a person with asthma may not appear to be
limited, but may need accessible parking because she is
not able to walk long distances or be in the cold or
humidity for long periods of time.
(JAN, 2011)
• Avoid stereotypes and assumptions about the
individual and how she may interact with
others. In most cases, it will not be obvious
that someone has a psychiatric impairment.
Workplace
Etiquette 11
Individuals with
Psychiatric Impairments
• Recognize and respect the differences in
people. People with psychiatric impairments
may behave differently than other individuals,
may have trouble interpreting social cues, or
may have different ways of coping with their
impairment.
• Respect personal space and do not touch the
individual or his personal belongings.
• Provide support and assistance, as appropriate.
• Be patient. Allow the individual time to think
and answer questions independently.
(JAN, 2011)
• Do not assume that because someone has a cognitive
impairment, such as a learning disability, that she has
below-average intelligence. The individual may have
above-average intelligence, but may have difficulty
receiving, expressing, or processing information.
Workplace
Etiquette 12
Individuals with Cognitive
Impairments
• Ask the person if he prefers verbal, written, or hands-on
instruction, or a combination of methods in training and
work-related situations. For example, if providing verbal
instructions, it may be helpful to follow-up with an e-mail
that clarifies your request.
• Treat the individual as an adult. Speak directly to the
individual, rather than his/her companion, and use words
and phrases according to his or her level of complexity.
• Be patient. Allow the individual time to think and answer
questions independently.
(JAN, 2011)
Communicating With and About People
with Disabilities in the Workplace
It is human nature and not unusual, therefore, to be concerned about
interactions with people who use wheelchairs, who are blind, who are deaf, or
whom we find difficult to understand. We may be concerned that we will say
the wrong thing, ask an inappropriate question, or unintentionally offend. We
do not want to appear uninformed or insensitive.
A key to any effective communication is to focus on the communication itself
— what information needs to be transmitted and how best to transmit it.
Positive language empowers. When writing or speaking about people with
disabilities, it is important to put the person first — to focus on the person, not
the disability. Group designations, such as "the blind," "the deaf" or "the
disabled" are not empowering. It is important to use words that reflect
individuality, equality or dignity — the person who is blind, the individual with
a disability, for example.
(Department of Labor, n.d.)
Positive and Negative Phrases to Describe
People with Disabilities
Positive Phrases Not Negative Phrases
Person with an intellectual, developmental disability not the retarded
Person who is blind or visually impaired not the blind
Person with a disability not the disabled; handicapped
The deaf or a person who is hard of hearing not deaf and dumb
Person with multiple sclerosis not someone afflicted by MS
Person with cerebral palsy not a CP victim
Person with epilepsy or a seizure disorder not an epileptic; person with fits
(JAN, 2011)
Positive and Negative Phrases to Describe
People with Disabilities continued
Positive Phrases Not Negative Phrases
Person who has muscular dystrophy not someone stricken by MD
Person who uses a wheelchair; wheelchair user not person confined, bound or restricted
to a wheelchair
A person with a psychiatric disability not a crazy person
Person who is unable to speak, person who uses synthetic speech not a mute
Person with a physical disability, person who is physically disabled not a person who is
crippled, lame or deformed
Person who is successful, productive not a person who has overcome his/her disability;
person who is courageous
(JAN, 2011)
Accommodations
All employees need the right
tools and work environment
to effectively perform their
jobs. Similarly, individuals
with disabilities may need
workplace adjustments — or
accommodations — to
maximize their productivity.
(U.S. Department of Labor, n.d.b.)
Aren’t Accommodations Expensive?
Most accommodations are low
cost yet yield considerable direct
and indirect benefits. In fact, data
collected by the Job
Accommodation Network (JAN)
over the years reveal that more
than half of accommodations
cost employers nothing, and of
those that do cost, the typical
one-time expenditure is $500 —
an outlay that most employers
report pays for itself multiple-fold
in the form of reduced insurance
and training costs and increased
productivity.
(DOL, n.d.b.)
Job Accommodation Network (JAN)
The Job Accommodation Network (JAN) is a free and
confidential consulting service for employers that expands
employment opportunities for individuals with disabilities
by providing:
• Individualized worksite accommodation solutions
• Technical assistance with the Americans with Disabilities
Act (ADA) and other disability-related legislation
(Department of Labor, n.d.a.)
Job Accommodation Network (JAN)
Continued
• Providing employers with customized worksite
accommodation solutions is at the core of JAN's mission.
An accommodation is a modification to the work
environment that enables a qualified individual with a
disability to participate in the job application process, or
perform the essential functions of a job, or equally benefit
from the same employment opportunities and rights
afforded similarly situated individuals without disabilities.
• By providing guidance on practical accommodation
options, JAN helps employers hire, retain and advance
qualified individuals with disabilities. It can also help them
reduce workers' compensation and other insurance costs
and understand their legislative responsibilities.
•
(DOL, n.d.a)
Job Accommodation Network (JAN)
Telephone Assistance
800 526-7234 (Voice), 877 781-9403 (TTY)
• JAN provides these services over the telephone in both English and Spanish, Monday
through Friday from 9:00 a.m. to 6:00 p.m., Eastern Standard Time (EST). When an individual
calls JAN, an information assistant will first ask him or her to answer a few basic questions
about the nature of the person's disability and job. This information helps determine which
JAN consultant will handle the situation. JAN's consultants work in teams specializing in
particular types of disabilities and accommodations. Each consultant has at least one
advanced degree in a relevant field, such as vocational rehabilitation, psychology, special
education, ergonomics, safety management or law.
• The appropriate consultant will ask the caller for further information regarding the person's
essential job functions and his or her functional limitations. JAN recommends
accommodation solutions tailored to the person's needs and essential job functions.
Consultants also can advise on implementation, such as how and where to obtain any
necessary equipment, whether it be simple hardware or advanced technology that is
needed. They may also provide follow-up printed materials via e-mail, fax and/or regular
mail.
• In addition to tailored worksite accommodations, JAN counsels on related issues such as
interviewing and testing, policy modification, professional education and job-related travel.
(DOL, n.d.a)
Job Accommodation Network (JAN)
Electronic Assistance
JAN also provides accommodation assistance through the JAN Web
site. Information is categorized by both topic and audience, and an
Accommodation Toolbox (askjan.org) centralizes all of JAN's
accommodation resources, including downloadable fact sheets and
other publications with accommodation ideas and expertise. A
feature called JAN by Disability A-Z offers quick and easy access to
all of JAN's information on a particular disability.
JAN's Web site resources and phone consultation services help
advance opportunities for not only qualified individuals with
disabilities, but also the employers who benefit from their talents.
As a result, JAN plays an important and unique role in contributing
to the strength of the nation's workforce, economy and
communities.
(DOL, n.d.a)
Job Accommodation Network (JAN)
SOAR
JAN's Searchable Online Accommodation Resource (SOAR) is
an interactive Web tool that delivers customized job
accommodation information by simulating the interaction
users would have if they were speaking with a JAN
consultant. The user is first asked to identify a particular
impairment, limitation and job function from pre-set lists.
Then, based on the user's responses, the system generates a
list of potential accommodations, each one linked to a page
with further information and resources, if appropriate. I f an
accommodation requires special equipment or technology,
SOAR also provides guidance on how such products can be
obtained. A widget to connect to SOAR can be found on the
UPEP page at Link to SOAR widget
(DOL, n.d.a)
Additional Resources
• Small Business Disability Inclusion Fact Sheet click here
• Inclusive Internship Programs click here
• Business Strategies that Work: A Framework for Disability Inclusion click
here
• Employer Assistance and Resource Network (EARN) – ODEP funded service
that helps employers hire and retain workers with disabilities Click here
• Workforce Recruitment Program – A recruitment and referral program that
connects federal ad private sector employers nationwide with highly
motivated college students and recent graduates with disabilities who are
eager to prover their abilities in the workplace through summer and
permanent jobs. Click here
References
Job Accommodation Network (JAN). (2015) Americans with Disabilities Act Basics. Retrieved
from http://askjan.org/Erguide/One.htm
Job Accommodation Network (JAN). (2011). Effective Accommodation Practices (EAP) Series.
Retrieved from https://askjan.org/topics/disetiq.htm
United States Department of Labor, Office of Disability Employment Policy. (n.d.b.)
Accommodations. Retrieved from http://www.dol.gov/odep/topics/Accommodations.htm
United States Department of Labor, Office of Disability Employment Policy. (n.d.a) Customized
Solutions for Today’s Workforce: The Job Accommodation Network. Retrieved from
http://www.dol.gov/odep/pubs/fact/jan.htm
United States Department of Labor, Office of Disability Employment Policy. (n.d.) Effective
Interaction: Communicating With and About People with Disabilities in the Workplace.
Retrieved from http://www.dol.gov/odep/pubs/fact/effectiveinteraction.htm
United States Department of Labor, Office of Disability Employment Policy. (n.d.) What Can
You Do Campaign. Retrieved from
http://www.whatcanyoudocampaign.org/blog/index.php/what-can-you-do-toolkit/
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