Training Session #2
Accommodating Disability
MISSION
To ensure that youth with disabilities are provided full
access to high quality services in integrated settings
in order to maximize their opportunity for employment
and independent living
COLLABORATIVE PARTNERS
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Center for Workforce Development, the Institute for Educational Leadership
Disability Studies & Services Center, the Academy for Educational
Development
National Conference of State Legislatures
National Youth Employment Coalition
National Association of Workforce Boards
National Center on Secondary Education & Transition, the University of
Minnesota
TransCen, Inc.
TYPES OF PRODUCTS AND RESOURCES
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How to Guides
Information and Policy Briefs
Backgrounders
Hot Topics Syntheses
Funding Sources
Training Materials
What will you find
in this Session?
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Advantages of Work
Why Focus on Youth with Disabilities
Legislation Supporting Accommodations
Workplace Accommodations
Employer/Employee Responsibilities
Case Studies
Resources/Handouts
Advantages of Work
for ALL Youth
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creates an employment history
provides opportunity to gain valuable work-readiness skills & knowledge
of careers
provides an important source of income
provides out-of-school youth with an opportunity to re-engage in a
productive activity
fosters close relationships between youth and adult mentors
gives youth constructive roles as both learners and workers with real-life
responsibilities
Advantages of Work (continued)
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makes smoother integration into the adult work world
enhances employability skills by learning on-the-job
prolongs likelihood of staying in school longer by providing an incentive
to complete secondary school
self-esteem and self-reliance are built by responsibility and success
makes the intellectual content of academic subjects more meaningful
and relevant
Advantages of Work (continued)
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provides opportunities to practice and apply skills in a hands-on setting
clarifies career goals and pathways
sustains contact with adults in a professional work environment
associates punctuality, dependability, with a sense of personal
responsibility, and high motivation to perform work well
Why Focus on System Supports for Youth with
Disabilities?
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Youth with disabilities are oftentimes NOT receiving the same services
and supports as youth without disabilities
Why Accommodate Youth with Disabilities?
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Access to work-based learning experiences is a crucial component for
youth with disabilities to determine their career direction/choices.
Success in the workplace often depends on the availability and
effectiveness of accommodations and supports.
Accommodations and supports ensure that youth have full access to the
workplace and are successful in completing tasks.
Legislation that Requires Accommodations
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Americans with Disabilities Act (ADA)
Section 504 of the Rehabilitation Act
Section 508 of the Rehabilitation Act
Individuals with Disabilities Education Act (IDEA)
Section 188 of the Workforce Investment Act (WIA)
Americans with Disabilities Act
(ADA) of 1990
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Prohibits discrimination against people with disabilities in employment,
transportation, public accommodations, communications, and activities
of state and local government
Prohibits discrimination in private sector employment/training programs;
and in state and local government employment, activities, and programs
Definition of Disability
(under the ADA)
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Anyone with a physical or mental impairment that substantially limits
one or more of the following major life activities (examples):
– Walking
- Working
– Speaking
- Taking care of self
– Sitting
- Learning
– Hearing
- Breathing
– Thinking
- Standing
– Seeing
- Sleeping
– Concentrating
- Reproduction
Definition of Disability
(under the ADA) (Continued)
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Individuals associated with persons with disabilities (i.e., spouses,
children, etc.)
Anyone with a record of such impairment of substantial limitation
Being regarded as having such an impairment
Important ADA Terminology
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Qualified person with a disability
Essential job functions
Reasonable accommodations
Undue hardship
Qualified Person with a Disability
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An individual with a disability who can:
– satisfy the required skills, experience and education for the desired
or held position and
– perform the “essential functions” of the position, with or without
“reasonable accommodations.”
Essential Job Functions
These are the tasks that are fundamental and necessary to
perform a given position. They do not include marginal
duties.
Reasonable Accommodations
This is any change an employer makes that enables a qualified
person with a disability to:
 Have
equal opportunity in the selection process,
 Perform the essential functions, and
 Enjoy equal benefits and privileges of employment.
Reasonable Accommodations (Examples)
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Reasonable Accommodations may include:
– Extended breaks during work day
– Providing or modifying equipment
– Making facilities accessible and removing barriers
– Providing readers and sign language interpreters
– Allowing job coach participation
Undue Hardship
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An employer needs to provide accommodations unless the
accommodation would require “significant difficulty or
expense” based on:
 The
 The
size of the business operation
financial resources of the employer
Undue Hardship
(Continued)
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The cost of the accommodation in relation to the size of the
business and its resources,
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The disruption to other workers
The alteration to the employer’s business or the changes in the
delivery of services.
Undue Hardship Scenario #1
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There is a small not-for-profit employment establishment (approximately
20 employees). They have access to limited resources and one of the
employees is deaf and is seeking a full-time interpreter as an
accommodation. After exploring all possible options, the cost of hiring a
full-time interpreter would be at least $20,000. The small business is not
able to afford such a cost and must seek other sources of support
(possibly through VR) to help compensate the business.
Undue Hardship Scenario #2
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An employer is seeking a full-time position for someone to perform various
administrative duties while the office is open for operation (9-5 pm). One of the
functions of the job is to answer the telephones during office hours. An employee with
a disability is seeking alternate hours for working at this job (11-7 pm) as an
accommodation. The employer would essentially have to waive the essential functions
of the job as they were posted for the job opening. The office is only opened from 9-5
pm and an additional part-time position would need to be filled in order to
accommodate the alternate hours. This may be viewed as an undue hardship to the
employer.
The Individuals with Disabilities Education Act
(IDEA)
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mandates public school districts receiving federal funds provide a “free
appropriate public education” in the least restrictive environment
mandates transition services including activities that promote the
movement from school to post-school activities, and appropriate
placement options for all students who are eligible
prohibits public school students with disabilities from being excluded
from school-based or work-based learning activities
Section 504 of the Vocational Rehabilitation Act
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Section 504 of the Vocational Rehabilitation Act states that no individual
with a disability can be denied access to any program or activity that
receives federal funds because of his/her disability.
Programs that receive federal funds must be accessible to people with
disabilities
– Barrier-free
– Reasonable accommodations must be provided
Section 508 of the Vocational Rehabilitation Act
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Section 508 of the Vocational Rehabilitation Act requires that federal
agencies’ electronic and information technology be accessible to people
with disabilities, including employees and members of the public
Individuals with Disabilities Education Act (IDEA)
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For older youth with disabilities, the IDEA is organized around
six central principles that thread through the law and support
the rights that children and youth with disabilities and their
families have and the way in which schools plan, deliver, and
evaluate the special education services delivered to these
children and youth
Six Principles of the IDEA
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Free, Appropriate, Public Education (FAPE)
Appropriate Evaluation
Individualized Education Program
Six Principles of the IDEA (continued)
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Least Restrictive Environment
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Student and Family Participation in Decision Making
Procedural Safeguards
Section 188 of the Workforce Investment Act
Ensures nondiscrimination and equal opportunity for various
categories of persons, including persons with disabilities, who
apply for and participate in programs and activities operated
by recipients of WIA Title I financial assistance.
Workplace Accommodations…..
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any change in the work environment or in the way things are usually
done that enables an individual with a disability to participate in the
application process, to perform the essential functions (or fundamental
duties) of a job, or to enjoy equal benefits and privileges of employment
that are available to individuals without disabilities
Workplace Accommodations…..
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Need only be provided to the extent that they are necessary to do the
essential functions of the job
If an individual with a disability seeks an accommodation, generally he or
she is responsible for informing the employer of the need
Individuals do not have to use the word “accommodation,” but they must
indicate that they have difficulty carrying out their tasks due to a
disability
Workplace Accommodations do not….
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rectify a poor job match or compensate for a lack of knowledge, skills, or
abilities
change the nature of the task being performed
lower or alter the standards or competencies
Employer Responsibilities
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During the Interview Stage...
Pre-job offer, you may ask about an applicant's ability to perform specific
job functions.
You may ask applicants to describe or demonstrate how they would
perform job tasks, if the same questions are asked of all applicants.
You may also describe what the application process will involve and ask
whether the job-seeker will need accommodations for the application
process.
Employer Responsibilities
In the Post-Offer, Pre-Hire Stage
 may ask disability-related questions and require medical exams, even if
they are unrelated to the job, as long as two conditions are met:
 All entering employees in the same job category must be subjected to
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the same questions/exams, regardless of disability; and,
All information obtained through these questions/exams must be kept
confidential.
Employer Responsibilities
After the Job-Seeker Begins Work
 The employer may ask disability-related questions and/or require
medical exams if the questions/exams are job-related and consistent
with business necessity.
 The information obtained must be kept confidential.
Workplace Accommodations: Examples
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Change employee’s workstation arrangement
Modify equipment or devices (computer software)
Provide ramps and reserved parking spaces (physical accessibility)
Reassign non-essential functions through job restructuring
Provide qualified readers and interpreters
Provide part-time or modified work schedules
Adjust or modify examinations, training materials, and policies
How to Identify What Accommodations are
Needed
When determining which accommodation to provide:
– Ask the individual
– Identify the individual’s job, potential job, or career goal
– Identify “essential functions” of the job/position
– Identify “functions” that the individual is unable to perform or require
assistance from others
– Brainstorm potential accommodations
– Investigate most appropriate options
Case Studies
Identifying Accommodations
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Scenarios across a wide range of disabilities
Identify the issues of concern
Identify the potential solution
Case Study
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Roberto has just been hired in an accounting firm. Although his office is
accessible (for his wheelchair), the conference room where all staff
meetings are held is not.
Case Study
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Rebecca loves her job as a “Cooperative Cataloging Assistant.” She gets
along splendidly with her co-workers and her supervisor. Recently,
Rebecca has had difficulty making it to work on time and has been
missing days.
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John consistently receives praise from his boss for performing his job
(as a car detailer) in an exemplary manner. When John is not busy,
however he will stand in one place, rock back and forth, and flick his
fingers in front of his face. On several occasions, customers have
complained to management about his behavior.
Case Study
Case Study
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A worker with a learning disability has difficulty taking notes during
monthly staff/employee meetings.
Case Study
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An individual with cognitive disabilities is an employee for a company
that maintains and repairs equipment for coffee houses. The tasks for
the job include cleaning the parts after they have been disassembled and
placing them in separate bins. The supervisor notices a lack of
productivity for the employee when asked to place the parts in the bins.
Case Study
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An individual who has been treated for stress and depression is
experiencing difficulty maintaining concentration when trying to
complete assignments and meet critical deadlines.
Case Study
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An radio broadcast announcer who is blind needs to read the Associated
Press (AP) wire news desk material for his job.
Contact
NCWD/Youth
1-877-871-0744 (toll free)
1-877-871-0665 (TTY toll free)
www.ncwd-youth.info
www.highschoolhightech.net
contact@ncwd-youth.info
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ANY QUESTIONS ???????