Americans with Disabilities Act
Successful Reasonable Accommodation Process
Title I – Employment
Southwest ADA Center
PRESENTER:
Julie Ballinger, Southwest ADA Center Regional Affiliate
Disability Rights and Issues Consultant
StarReach Enterprises
505.797.8612 julieb4@flash.net
The information herein is intended solely as informal guidance and is neither a determination
of your legal rights or responsibilities under the Act, nor binding on any
agency with enforcement responsibility under the ADA.
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The ADA Resource!
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The Leading Resource On

ADA & ADAAA

Other disability related
laws such as IDEA

Making information
technology accessible
Services a wide range of
audiences including
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employers
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businesses
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government agencies
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WIA Workforce System
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schools
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people with disabilities
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Expert staff are available to provide
training, publications and respond to
your inquiries.
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Hot Line: 1-800-949-4232
Web Site: www.southwestADA.org
Check out the Archived Webinars
and Podcasts!
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Julie Ballinger, SWADAC Regional Affiliate
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2
Housekeeping
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Training Process and Goals
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Training is 3 hours
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Ask questions / Interactive discussion / Learn from each other
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Raise to the level of participants existing knowledge
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Interactive Exercises
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Not about getting through the whole PowerPoint – only a framework
to advance what you want to explore / examine
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Is designed to have extensive info for future reference
Materials
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PowerPoint (includes Resources)
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Evaluation
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Possible Pre & Post Survey
Julie Ballinger, SWADAC Regional Affiliate
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3
The PowerPoint Contents
Note: Model Reasonable Accommodation Policy on SPO website
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Employment Trend: Why Create a Culture of Inclusion?
Covered Entities - Public vs. private employer requirements
Brief overview of who is covered now (ADAAA)
Important EEOC guidance documents
Getting to the workplace accommodations process
Disability Inquiries
Enacting and satisfying the reasonable accommodations process and requirements
What is unreasonable?
Qualification/performance and conduct standards
Direct threat and reasonable accommodations
Undue hardship
Policy and Procedure Models and Webcast
Best practices and successful reasonable accommodations process tips
Interactive Exercise
Appendix
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Types of accommodations - including the not so obvious
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
GREAT ADA Technical Assistant
resources
Julie Ballinger,
SWADAC Regional Affiliate
A Program of TIRR Memorial Hermann
1-800-949-4232
4
QUESTIONS?
Ask Anytime
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The Business / Employment Case
Why Create A Culture of Inclusion?
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18 to 20 percent of Americans have a disability. The largest percentage (70%) of
disabilities are those that are hidden.
Some 58 million adults, 34 percent of people age 18 to 65, have at least one
chronic condition and 19 million adults (11%) have two or more chronic
conditions.
It is estimated that by the year 2020 half of the U.S. population will have at least
one chronic condition and one-quarter will be living with multiple chronic
conditions.
On January 1, 2011, the first of the 83 million-strong wave of “boomers” began to
reach retirement age and every day approximately 10,000 more employees reach
this milestone. Many of these employees will retire creating a shortage of workers
in various industries.
In the next 5 years, there will be about 10 million more jobs
than people to fill them.
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann
1-800-949-4232
6
The ADA
“This Act is powerful in its simplicity. It will ensure that
people with disabilities are given the basic guarantees
for which they have worked so hard: independence,
freedom of choice, control of their lives, and the
opportunity to blend fully and equally into the rich
mosaic of the American mainstream.”
President George Bush at the Signing
of the American with Disabilities Act of 1990
Julie Ballinger, SWADAC Regional Affiliate
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Sociological Perspective of Access
 Categorization/labeling of some people as
“disabled” and others as “non-disabled” depends
upon society’s relative ideas:
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what activities people should be able to do
and
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how they should be able to do it
Just imagine……what if………
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
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1-800-949-4232
8
Public vs. Private Employer

Private Employers = ADA Title I
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15 or more employees (also check your state/city law)
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Government Employers = ADA & Rehab Act Sec. 504
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Covered regardless of number of employees
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Obligations under 504 are essentially the same as the ADA:
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require formalized documentation of compliance efforts
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appointment of a 504/ADA Coordinator
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establishment of grievance procedures to address disability-related
complaints, including those of employees
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Widely publicize the grievance procedures throughout the
institution
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Also covered
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Employment agencies
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labor organizations
Julie Ballinger,
SWADAC Regional Affiliate

joint labor management
committees
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Definition of Disability - ADA Amendments Act
Signed September 25, 2008 / Enacted January 1, 2009
Regulations Published March 11, 2011 / Regulations Effective May 24, 2011
Negates US Supreme Court Rulings that narrowed the definition of disability
The ADAAA retains without amendment the existing definition of the
term “disability” but clarifies the key words and phrases in the
definition.
The term “disability” means, with respect to an individual
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who has a physical or mental impairment that substantially limits
one or more major life activities; or
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has a record of such an impairment; or
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is regarded as having such an impairment-even if he or she does not,
in fact, have such an impairment (actual or perceived)
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Also covered are individuals who are discriminated
against due to their association with a person
with a disability.
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Major Life Activities
(examples and non-exhaustive list)
GENERAL
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caring for oneself
performing manual tasks
seeing
hearing
eating
sleeping
walking
standing
lifting
bending
speaking
breathing
learning
reading
concentrating
thinking
communicating
working
MAJOR BODILY FUNCTIONS
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immune system
normal cell growth
digestive
bowel
bladder
neurological
brain
respiratory
circulatory
endocrine
reproductive functions
Julie Ballinger, SWADAC Regional Affiliate
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ADAAA - Who is protected?
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The definition of disability = broader coverage – Major life activities now
includes bodily functions.
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“Substantially limits” to be interpreted consistently with the ADAAA (rejects
“prevent or severely restrict” = too demanding)
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Substantially limits = only one major life activity has to be limited
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Episodic or in-remission impairment covered if substantially limits a major life
activity when active
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Eliminates ‘mitigating measures’ test
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Only mitigating measures that can be considered = ordinary eyeglasses or contact
lenses = fully correct visual acuity or refractive error
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No discrimination on the basis of uncorrected vision in determining qualification
standards/selection criteria -- unless job related & consistent with business necessity.
Individuals who are otherwise qualified and can prove
discrimination are entitled to relief.
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Substantial Limitation
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An individual is substantially limited in a major life
activity
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If the individual is substantially limited (consistent with the ADAAA) as to
the condition, manner, or duration in performing a particular major
life activity
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As compared to the condition or manner under which the average
person in the general population can perform that same major life
activity.
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Intent of Congress = courts to focus on if covered entities have
complied with their obligations (not on intensive analysis of disability)
Julie Ballinger, SWADAC Regional Affiliate
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Record of Disability / “Regarded As”
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“Record of” no specific changes in the ADAAA
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EEOC’s long-held position that accommodation available for “record
of” if still needed
“Regarded As” An individual meets this requirement if discriminated
against because of an actual or perceived physical or mental impairment
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Whether or not the impairment limits or is perceived to limit a major
life activity
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ADAAA intent = discrimination on the basis of disability
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Don’t have to provide reasonable accommodations to individuals who
are considered “regarded as”
Julie Ballinger, SWADAC Regional Affiliate
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Transitory And Minor Impairments
 Impairments that are not usually disabilities
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Temporary, non-chronic impairments of short duration with little or no
residual effects (such as the common cold, seasonal or common influenza, a
sprained joint) usually will not substantially limit a major life activity.
 “Regarded As” does NOT apply if:
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The impairment is both transitory AND minor.
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lasting or expected to last for six months or less rule – only applies to Regarded As
 NOTE: Actual Disability
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An impairment may substantially limit a major life activity even if it lasts, or is
expected to last for fewer then six months and reasonable accommodations may need
to be provided
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Example: Employee has 2 broken arms from a car accident that are expected to heal
within 4 to 6 months.
Julie Ballinger, SWADAC Regional Affiliate
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1-800-949-4232
For additional information and detail guidance
on the ADAAA go to www.eeoc.gov:
Questions and Answers on the Final Rule Implementing the ADA Amendments Act
of 2008
http://www.eeoc.gov/laws/regulations/ada_qa_final_rule.cfm
Fact Sheet on the EEOC’s Final Regulations Implementing the ADAAA
http://www.eeoc.gov/laws/regulations/adaaa_fact_sheet.cfm
Final Regulations Implementing the ADAAA
http://www.federalregister.gov/articles/2011/03/25/2011-6056/regulations-toimplement-the-equal-employment-provisions-of-the-americans-with-disabilities-act-as
The ADA Amendments Act can be found on the EEOC website
http://www.eeoc.gov/laws/statutes/adaaa.cfm
Julie Ballinger, SWADAC Regional Affiliate
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The ADA Coverage Exclusions
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current illegal drug addiction / psychoactive substance use disorders
resulting from current illegal use of drug
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compulsive gambling
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pedophilia / exhibitionism / voyeurism / other sexual behavior
disorders
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kleptomania
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pyromania
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gender identity not resulting from a physical condition*
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Transvestitism*
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Transsexualism*
*Remember the ADA was passed in 1990 when little
was known or accepted and would have been
considered an excluded impairment
Julie Ballinger, SWADAC Regional Affiliate
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Important Technical Assistance Guidance
from EEOC that I will be referencing
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EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under
the Americans with Disabilities Act http://www.eeoc.gov/policy/docs/accommodation.html
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ADA Enforcement Guidance: Pre-employment Disability-Related Questions and Medical
Examinations www.eeoc.gov/policy/docs/preemp.html
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EEOC Enforcement Guidance on Disability-Related Inquiries and Medical Examinations
of Employees Under the Americans with Disabilities Act
www.eeoc.gov/policy/docs/guidance-inquiries.html
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The Family and Medical Leave Act, the Americans with Disabilities Act, and Title VII of
the Civil Rights Act of 1964 www.eeoc.gov/policy/docs/fmlaada.html
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The Americans With Disabilities Act: Applying Performance And
Conduct Standards To Employees With Disabilities
www.eeoc.gov/facts/performance-conduct.html
Julie Ballinger, SWADAC Regional Affiliate
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Reasonable Accommodation Policy Approach
Creating a Culture of Access and Inclusion
SAY
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Yes when you can and no when you have to.
rather than
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No when you can and yes when you have to.
 Be aware of any negative stereotypes and stigma
you may have, even if unintentional
Julie Ballinger, SWADAC Regional Affiliate
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1-800-949-4232
The ADA requires reasonable accommodation 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.
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
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1-800-949-4232
Getting to the Workplace Accommodation
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Before even considering reasonable
Accommodation
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First ask “Is this an ADA issue?”
Julie Ballinger, SWADAC Regional Affiliate
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Determining If You Have an ADA Issue
Relevant portions of the ADA require:
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an employer;
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to provide reasonable accommodation;
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to otherwise qualified individuals;
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with disabilities;
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who are employees or applicants for employment;
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unless to do so would cause undue hardship.
Julie Ballinger, SWADAC Regional Affiliate
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For Each Employee Go Back to the Basics!
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Does the individual have a Disability?
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Is the individual otherwise Qualified?
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Is the accommodation needed Reasonable to do the essential
job functions or to apply for the job?
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Does the accommodation Remove application or employment
barriers?
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Is the accommodation made being monitored
to make sure it Remains Effective?
Julie Ballinger, SWADAC Regional Affiliate
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Is there a disability? How do you know?
3 Stages of Employment & Disability Inquiries
1. Application
2. Post-offer - Pre-employment
ADA Enforcement Guidance: Preemployment Disability-Related Questions and Medical
Examinations
3. Employment
EEOC Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of
Employees Under the Americans with Disabilities Act (ADA)
Confidentiality Requirements – disability/medical info separate from
personnel file
RA Policies & Procedures address each
of these 3 stages?
Julie Ballinger, SWADAC Regional Affiliate
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Is the Individual “Otherwise Qualified”
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Have the skill, experience, education, and other jobrelated requirements of the position, and who, with
reasonable accommodation, if needed, can perform the
essential function of the job.
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Ask:
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What are all the job-related qualifications?
Are they all listed on the job description?
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Review job descriptions
What steps were taken to ensure that each qualification is
actually job-related?
What are the screening tools to disqualify on a
non-disability-related basis?
Independent Living Research Utilization
( ie: criminal history
and drug
tests).
Julie Ballinger,
SWADAC
Regional Affiliate
A Program of TIRR Memorial Hermann 25
1-800-949-4232
Process……and the first 3 minutes of the interactive process
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RA Policies &Procedures
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Make sure to include a process to monitor how accommodations are working and how
leave as an RA interacts with FMLA
Individual must let employer know that an adjustment or change is
needed for a medical condition.
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Employer is not required to assume disability
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Not obligated to observe an employee for any behavior that may be
disability related, and then decide the employee is disabled.
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The Request (No Magic Words) is the First Step in the interactive
process between the individual and employer
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Can be made by others (family member, friend) or by employer or other
employee observation.
Does not need to be in writing to start the process
Julie Ballinger, SWADAC Regional Affiliate
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What Satisfies
Accommodation Requirements?
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Don’t have to give accommodation requested by
employee but the….
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Accommodation must be EFFECTIVE
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must enable the employee to perform the essential
functions of the job;
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must enable applicant with a disability to have an equal
opportunity to participate in the application process; and
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must enable employee to enjoy privileges and benefits of
employment.
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
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“UN”Reasonable Accommodations
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Eliminating essential functions of the job
Lowering production standards
Personal use items (i.e.: prosthetic limb, eyeglasses, hearing aids,
wheelchair)
Placing a disabled applicant in job for which he/she did not specifically
apply
Placing a disabled individual into a job if doing so would create a direct
threat to the health or safety of the individual or others (risk cannot be
lowered to acceptable level with reasonable accommodation)
Maintaining the salary of an employee reassigned from a higher-paying job
to a lower-paying one if the employer does not do so for non-disabled.
Creating a job
Bumping another employee from his/her job
Julie Ballinger, SWADAC Regional Affiliate
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Qualification / Performance Requirements &
Conduct Standards
Qualification / Performance must be:
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job related
consistent with business necessity
the qualification standards that are:
truly reflected in what is expected
performed in the actual workplace
Based on essential job functions only (not marginal functions)
Conduct Standards
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unacceptable workplace conduct can be enforced
EEOC Guidance: The Americans With Disabilities Act:
Applying Performance And Conduct Standards
To Employees With Disabilities
Julie Ballinger, SWADAC
29 Regional Affiliate
Independent Living Research Utilization
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Direct Threat and
Reasonable Accommodations
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If an individual poses a Direct Threat
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significant risk of substantial harm to the health and safety
of the individual or others
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the employer must determine whether a reasonable
accommodation would either eliminate the risk or reduce
the risk to where substantial harm no longer exists.
Julie Ballinger, SWADAC Regional Affiliate
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Undue Hardship
The responsibility of an employer to provide reasonable accommodation is limited
to those situations that would not cause an undue hardship.
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Limitations
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costly or
unduly extensive or
Substantial or
Disruptive or
those that would fundamentally alter the
nature or operation of the business
Julie Ballinger, SWADAC Regional Affiliate
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Determining Undue Hardship
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The employer is the one who is required to show that an accommodation is an
undue hardship.
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Employers must determine undue hardship on a case by case basis
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must consider whether there is an alternative accommodation that would not impose
such hardship.
consider the undue hardship in relation to the size of the employer,
the resources available, and
the nature of the operation.
The employer should also factor in the effect of tax incentives on the cost of an
accommodation before making an undue hardship determination.
Assessment of undue hardship is an ongoing process as resources and situations
change.
Julie Ballinger, SWADAC Regional Affiliate
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RA Policy and Procedure Ingredients
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Clearly state the employer complies with the ADA
Definition of disability
Definition of reasonable accommodation
Accommodation process
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Training
Who is responsible for what (job candidates, employee, supervisors, HR, etc)
How the process is communicated to applicants and employees
How the request needs to be made
Responding to the request
Monitoring the effectiveness of the accommodation given
Accommodation rejection
Appeal process
Documentation of the process
Julie Ballinger, SWADAC Regional Affiliate
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Policy and Procedure Models and Webcast
DBTAC Southwest ADA Center

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“Developing a Successful Reasonable Accommodation Process” webcast
(part 1 and part 2) and model policies
You will find the two model RA P&P under Part 1 webcast (and the Part 1
Power Point).
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Small Business Model Reasonable Accommodation Policy
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Title II State and Local Government Procedures Model Reasonable
Accommodation Policy
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http://ilru.org/html/training/webcasts/handouts/2011/01-19DBTAC/index.html
For Part 2 webcast PowerPoint:

http://ilru.org/html/training/webcasts/archive/2011/01-26-DBTAC.html
Julie Ballinger, SWADAC Regional Affiliate
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Successful RA Process Tips!
Creating a Culture of Access and Inclusion
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Securing support from the top - including high level administrators.
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Compliance efforts must be system-wide, centralized, concerted and
coordinated
authority needs to be centralized to ensure consistent application of programs,
policies and procedures.
Appoint a Task Force
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While not required by the ADA or 504 it may be wise to appoint an
organization-wide Task Force.
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Utilize the expertise, ideas and input from staff at all levels plus research ADA
resources.
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Invite individuals with disabilities, and external customers as “consultants” to the
group.
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Employees will then have an internal, informal access point rather than starting
their complaint process outside the organization with legal counsel or other third
parties.
Julie Ballinger, SWADAC Regional Affiliate
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1-800-949-4232
Successful RA Process Tips!
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Review policies, procedures, and forms
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Review application forms and recruiting & hiring practices
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include qualification standards & selection criteria, upgrading,
promotion, demotion, transfer, layoff, termination and rehiring
procedures.
Interviewers need to know what they can and can’t ask AND when they
can and can’t ask disability-related questions.
Review record keeping requirements and the need for confidentiality of
information obtained during medical examinations.
Assess Benefits programs
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medical, hospital, accident, life insurance, & retirement programs
Workers compensation, FMLA and return to work programs.
Recreation, education and employer sponsored social activities must be
accessible.
Julie Ballinger, SWADAC Regional Affiliate
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Successful RA Process Tips!
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Conduct technology and physical audits of the workplace
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Lunchrooms, lounges, bathrooms, and parking must be accessible to all
employees.
Information technology, including the web, software and hardware
should be accessible as well.
Review job descriptions
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Section 504 nor the ADA require written job descriptions. But most of the
literature suggests that properly prepared job descriptions are critical in
complying with the regulations.
Job descriptions can be a valuable tool in the recruitment, selection, hiring, and
accommodation assessments needed for successful programs.
Job descriptions are a road map for supervisors, interviewers, even applicants and
employees throughout the employment process.
Julie Ballinger, SWADAC Regional Affiliate
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Successful RA Process Tips!
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Develop a process for making accommodations and determining undue
hardship
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The process must be on a case-by-case basis but within a structured system for
making assessments.
Employment decisions must be based on the abilities of individual applicants or
employees, and not on presumptions about what individuals with disabilities can
or cannot do.
Develop training programs and manuals
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Training is key - at all levels of the organization.
All employees should be trained: interviewers, hiring supervisors, administrators,
co-workers.
Often the greatest barrier to implementing successful disability employment
practices is the attitudes of co-workers.
All employees should be part of the solution in ensuring equal access.
Julie Ballinger, SWADAC Regional Affiliate
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Successful RA Process Tips!
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Develop and implement a comprehensive communication program
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It’s not enough to have policies available in a handbook.
Communication vehicles need to be multi-faceted.
Develop evaluation and monitoring tools

Document everything you do to demonstrate that you are making good faith
efforts toward compliance.
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what accommodations have been made for whom

what attempts were made to make accommodations, including what
resources were accessed in those attempts.
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Include a system for indicating when accommodations were not made
because of undue hardship

for monitoring accommodations made
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 39
1-800-949-4232
Creating a Work Culture of Access

Accessibility

Increases the ability of the organization to attract
qualified applicants

Equals agility creating a creative (not expensive)
flexible employer who will attract and maintain the
best potential employees

Remember the business and employment case so
your organization remains productive and viable.
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 40
1-800-949-4232
Group Training Scenarios Exercise
What would you do?
Do the ADA analysis for each scenario,
including identifying what additional
information you need to know
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 41
1-800-949-4232
Seizures
An employee, whose job it is to market the firm’s services by
meeting with potential clients at their offices, develops a
condition that results in occasional seizures. As a result the
employee can no longer drive but wants to continue to do his job.
The employee has worked for the firm for 15 years and has been
recognized as the “best salesman” 5 years in a row.
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 42
1-800-949-4232
Chronic Fatigue Syndrome



An employee, due to chronic fatigue syndrome, found it
difficult to arrive at work on time early in the morning. For
three years, the employee was given the accommodation of a
later start time and received satisfactory job performance
ratings all three years as a tax auditor.
A new supervisor decided that letting this employee come in
later than the rest of the employees was bad for morale and
that this employee could at least try to arrive at 8:00 am, so he
removed the accommodation.
Plus the new supervisor could not find any past
documentation of the granted accommodation.
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 43
1-800-949-4232
Hip and Bone Pain


An grocery store employee who had hip and bone
problems was experiencing severe leg pain. He
mentioned the pain to his employer and that he
“couldn't stand on it much longer.”
The employer sympathized with the employee but
didn’t think any more of the conversation.
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 44
1-800-949-4232
Depression



An employee, who is a social worker the State Dept. of Health, began to
experience mental health difficulties. He found that his job was becoming
more and more stressful due to his depression.
The employee asked his employer to transfer him to another position
within the Dept., claiming that his current position was too stressful and
overwhelming. The employer denied the request and said that he was
"doing fine" in his current position.
During a subsequent meeting, the employee "broke down" and started to
cry. During the weeks following this meeting, the employee was
reprimanded; once for working late without approval and 4 times for
failing to complete his assigned tasks in a timely manner.
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 45
1-800-949-4232
Medical Restrictions


An employee, who is a sales manager in a small retail store, is
required to perform certain cleaning tasks, including mopping
floors, that violated his medical restrictions. The employee
asked for an accommodation not to be assigned mopping
responsibilities and provided medical support.
The employer refused the request and required the employee
to mop, which lead to further injury and a medical leave.
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 46
1-800-949-4232
Environmental Illness
An administrative employee at a computer company
develops an multiple chemical sensitivity (the cause of
which is unknown). The illness makes her very allergic to
fragrances.
She asks her supervisor if she will send a memo to her coworkers asking them to refrain from wearing perfume at the
office.
The supervisor refuses. Her production suffers and she is
fired.
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 47
1-800-949-4232
Seasonal Affective Disorder



A teacher with seasonal affective disorder requested a
classroom with natural light and identified other issues that
exacerbated her condition, including noise distractions and
inadequate ventilation.
Although the school remedied some of these issues, it failed
to reassign her to a room with natural light.
As a result, plaintiff needed to take medical leave.
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 48
1-800-949-4232
Appendix

Types of Accommodations


Including the not so obvious
Extensive ADA Resources
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 49
1-800-949-4232
Types of Accommodations

Information Technology (conduct web, software, hardware audits)

Assistive Technology

Modifications to work stations (conduct architectural audits)

Modifications to schedule

Telecommuting

Structural changes within leased space

Structural changes to building during renovations

Transferring an employee into a vacant job
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 50
1-800-949-4232
Examples of RA for Involving
Communication
Qualified readers or qualified sign
language interpreters,
Examinations, training materials or
policies in Braille, large print, audio
tape, etc.,
Tactile markings on equipment in
Braille or raised print,
Talking calculators,
Speaker phones,
Telecommunication Devices for the
Deaf,
Software for standard computers and
other equipment that can enlarge print Telephone amplifiers,
or convert print documents to spoken Removing communication barriers
words (screen readers),
such as putting up Braille signage or
flashing fire alarms.
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 51
1-800-949-4232
Assistive Technology
(See Accessible Action Technology Center in this PowerPoint Resources)

Mechanical Page Turners

Modifying Computer Keyboards

Ergonomic Seating Considerations

Headsets

Negative Tilted Keyboard and Mouse

Adjustable Desks

Sip/Puff Switch / Foot Switch
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 52
1-800-949-4232
Modifications to Work Stations

Furniture

Office layout

Equipment adaptations
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 53
1-800-949-4232
Modifications to Schedule / Telecommuting

Flexible scheduling

Delayed start time

Telecommuting can be an option for employees as a
reasonable accommodation or means to keep valued
employees.
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 54
1-800-949-4232
Structural Changes within Leased or Owned
Space

Bathroom modifications

Door openers

Signage

Accessible stalls

Rearrange furniture in employee kitchen

Keep reception area furniture out of main path of travel

When carpeting needed to be replaced, low pile need to be priority

Some offices reconfigured for greater accessibility
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 55
1-800-949-4232
Structural Changes to Building During
Renovations

Main level parking lot modifications

Main level door opener

Main level curb cuts

Ramp to doors

Door openers

Marking accessible parking spaces

Signage on elevators

Bathroom modifications
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 56
1-800-949-4232
Steps to Workspace Accommodations

Discuss accommodation needs with employee/s.

Ask for suggestions for solutions.

Research options.

Make sure solution doesn’t pose obstacle for another
employee!
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 57
1-800-949-4232
Steps to Office Modifications

Invite employees to notify you of hard to use or
inoperable elements of your facility- Create an
Environment that invites this.

Ask for suggested solutions.

Research options.

Make necessary modifications – can be useful for all
employees!
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 58
1-800-949-4232
Steps to Building Modifications

Discuss needs for accessible features with building
owners/managers-may have to “stay” on them to do
modifications!

Provide written information on ADAAG, state or local
codes to landlord.

Provide referrals for technical assistance if necessary.

Follow-up.

Remind Leasers Access benefits ALL tenants!
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 59
1-800-949-4232
Development of Evacuation Plan
(there are tons of resources on this – call the Southwest ADA Center)

Like many accommodations, evacuation plans are for everyone!

Invite employees with/without disabilities to discuss evacuation
strategies/needs-what do they want to do to get down the stairs?

Meet with fire marshal to determine average response times and their
on-site protocol.

A safe room that Fire marshals know about?

Meet with staff or committee to devise evacuation plan.

If necessary, purchase evacuation chair.

Provide staff training on evacuation procedures.

Fire box that has all your
important info?
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 60
1-800-949-4232
RESOURCES
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 61
1-800-949-4232
The ADA Resource!


The Leading Resource On

ADA & ADAAA

Other disability related
laws such as IDEA

Making information
technology accessible

Expert staff are available to provide
training, publications and respond to
your inquiries.

Services a wide range of
audiences including

Hot Line: 1-800-949-4232
Web Site: www.southwestADA.org
Check out the Archived Webinars
and Podcasts!






employers
businesses
government agencies
WIA Workforce System
schools
people with disabilities

Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 62
1-800-949-4232
New Mexico Governor’s
Commission on Disability
Mission: To improve the quality of life of all New Mexicans with disabilities by
addressing social integration, economic self-sufficiency, political resolve, physical and
program accessibility, and full participation in the benefits of life and rights of all
individuals.
Information and Training
ADA
Employment: Reasonable Accommodations/Best Practices
Emergency Preparedness
NM Building Code: Accessibility
Voting: Accessible Polling Sites
Assistive Technology
And much much more! Go to www.gcd.state.nm.us
491 Old Santa Fe Trail, Santa Fe, NM 87501
Phone/TTY (505) 476-0412,
Toll Free (in state only) 1-877-696-1470 / gcd@state.nm.us
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 63
1-800-949-4232
Job Accommodation Network
800-526-7234 (V/TTY)
http://askjan.org
A free consulting service designed to increase the
employability of people with disabilities
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 64
1-800-949-4232
Cornell University Employment and
Disability Institute (EDI)

Since 1968, researchers and practitioners at the Cornell ILR School with expertise in
disability have helped companies, labor organizations, government agencies, schools, and
communities throughout the United States and abroad to accommodate and integrate
individuals with disabilities.

The EDI team consults with policy makers, disability advocates, and rehabilitation program
professionals.

EDI provides technical assistance, training, and research in the following topic areas:

ADA, Accommodation & Accessible IT, Community Inclusion, Disability Benefits
and Work, Disability Employment Research, Disability Statistics Research,
Educational Achievement & Transition, International Disability Research, and
Workforce Development

http://www.ilr.cornell.edu/edi/
607-255-7727 (VOICE)
607-255-2891 (TDD)


Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 65
1-800-949-4232
US Department of Labor’s Office of Disability
Employment Policy

ODEP is an extensive and rich source on employment and
disability.

www.dol.gov/odep

1-866-487-2365 (VOICE)

1-877-889-5627 (TDD)
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 66
1-800-949-4232
Equal Employment Opportunity Commission

The EEOC provides access to Federal employment laws and
regulations. The EEOC has publications on the Americans
with Disabilities Act which include their policy guidance on
various portions of the Act, fact sheets, Q&As, best practices,
and other information.

www.eeoc.gov

www.eeoc.gov/laws/types/disability.cfm

1-800-669-6820 (TTD)
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 67
1-800-949-4232
ADA Case Law Database

The ADA Case Law Database is a comprehensive search tool that
provides information pertaining to significant rulings under the
Employment (Title I), Local and State Government (Title II) and
Places of Public Accommodations (Title III) provisions of the
Americans with Disabilities Act (ADA).

The database is a unique research tool specially designed to search
by a variety of variables including but not limited to disability type,
discrimination issue, jurisdiction and remedy.

http://www.adacaselaw.org/
Julie Ballinger, SWADAC Regional Affiliate
Independent Living Research Utilization
A Program of TIRR Memorial Hermann 68
1-800-949-4232