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Individuals with Disabilities in the Workplace
Transcript of Individuals with Disabilities in the Workplace
with Disabilities in the Workplace
What is Reasonable Accomodation?
Negotiating Accommodations Resources
Who is Protected
Disability Discrimination and Work Situations
What Do I Do if I think I am Being Discriminated Against?
Disability Discrimination and Harassment
A person can show that he or she has a disability in one of three ways:
- If he or she has a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning).
- If he or she has a history of a disability (such as cancer that is in remission).
- If he or she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment).
Not everyone with a medical condition is protected by the law. In order to be protected, a person must be qualified for the job and have a disability as defined by the law.
Brother’s experience with Walmart and McDonalds– some jobs make it easier for individuals to apply with special needs and disabilities. My brother has been diagnosed with severe Post Traumatic Stress Disorder (PTSD), Paranoid Schizophrenia, Depression, and abnormalities in his left hemisphere developed from trauma. He has worked at Walmart and they accommodated a lot within their means switching his shifts, and very understandable when he would get upset and leave, rather than staying and causing more disruption, he held this job for 2 years.
He also worked a very short while at McDonalds, but got asked to leave because he could not handle the way the young teenagers who also were working there would speak to him. He got upset and costumers saw/heard, the McDonalds manager did inform him when his medications got situated and stable then he maybe able to return, I am unsure if this was just to give him hope or if it is an actuality, we are still in the process of reapplying.
I assisted him with his Walmart application due to the excessive reading and several part tests, but he was able to apply for the McDonalds position on his own.
The Americans with Disabilities Act of 1990
(ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability. The ADA also outlaws discrimination against individuals with disabilities in state and local government services, public accommodations, transportation and telecommunications.
The Americans With Disabilities Act (ADA) Amendments Act of 2008 - Modified
- September 25, 2008, the president signed the Americans with Disabilities Act Amendments Act of 2008 ("ADA Amendments Act")
The ADA's basic definition of "disability" is defined as, “an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.”
ADA expands the definition of "major life activities" by including two non-exhaustive lists:
- The first list includes many activities that the EEOC has recognized (e.g., walking) as well as activities that EEOC has not specifically recognized (e.g., reading, bending, and communicating);
- The second list includes major bodily functions (e.g., "functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions");
The ADA Amendments Act is effective as of January 1, 2009. EEOC's regulations to implement the equal employment provisions of the ADA Amendments Act are effective as of March 25, 2011.
by the ADA?
Have the qualifications for the position/to do the task
Have a physical or mental disability
Or past history of a disability (remission)
Or an employer has false ideas that an individual has a disability
Included in the ADA?
Yes. The ADA provides for "mental" conditions or mental illnesses, but as with physical impairments, the diagnosis of a mental illness or mental impairment is not sufficient to qualify an employee for protection under the Act. (New Hope Media Editors, 2015).
Contact lenses and eye glasses are not seen as a disability.
(U.S. Equal Employment Opportunities Commission, 2011).
Disability & Medical Exams During Employment Application & Interview Stage
No employer may ask an individual who is applying or in an interview what their medical status or any medical questions until after a job offer has been placed
Disability & Medical Exams After A Job Offer For Employment
If the employer requests all employees and applicants tot take the same exams
(U.S. Equal Employment Opportunities Commission, 2011).
Negotiating - Work Place Adjustments or Accommodations
As a career counselor, one should listen to the client and get an idea of the work environment.
Does the client feel that his or her disability is being accommodated or do they feel that there is not an effort to make sure that (s)he is able to complete their duties?
If not, then this must be discussed. Provide the resources and discuss what should be done if they feel they need more of an accommodation, or if his or her boss is not meeting the accommodations required and set.
Negotiating Accommodations Resources
The following resources provide more information about job accommodations for Individuals with disabilities:
Job Accommodation Network (JAN)
— ODEP-funded service that provides free, expert and confidential guidance on workplace accommodations and other disability employment issues. Live phone service is available 9 a.m. to 6 p.m. ET by calling (800) 526-7234 or (877) 781-9403 (TTY). Assistance is also available in Spanish, both via phone and the JAN en Español
ASK A JAN CONSULTANT
A to Z of Accommodations and Disabilities
SOAR (Searchable Online Accommodation Resource)
Multimedia Training Library
Workplace Accommodations: Low Cost, High Impact Employees' Practical Guide to Requesting and Negotiating Reasonable Accommodations Under the Americans with Disabilities Act (ADA)
Employers' Practical Guide to Reasonable Accommodation Under the Americans with Disabilities Act (ADA)
Computer/Electronic Accommodations Program (CAP)
— The federal government's centrally funded accommodation program. Provides assistive technology and services free of charge to federal agencies.
Equal Employment Opportunity Commission (EEOC)
— Federal agency that administers and enforces the employment provisions of the ADA.
ADA National Network
— Network of 10 regional centers that offer businesses, government agencies and individuals information, guidance and training on the ADA, including its employment provisions.
What is Reasonable Accommodation?
Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.
For example, reasonable accommodation may include:
• providing or modifying equipment or devices
• job restructuring
• part-time or modified work schedules
• reassignment to a vacant position
• adjusting or modifying examinations, training materials, or policies
• providing readers and interpreters
• making the workplace readily accessible to and usable by people with disabilities
An employer is required to provide a reasonable accommodation to a qualified applicant or employee with a disability unless the employer can show that the accommodation would be an undue hardship -- that is, that it would require significant difficulty or expense.
****For an example, I work with individuals with special needs – and went with him in the process of applying to receive his talking aid (VOICE)
American Disabilities Act. (March 2015). Your Employment Rights as an Individual With a Disability. Retrieved from: http://www.eeoc.gov/facts/ada18.html
Occurs when an employer (or other group/entity) covered by the Americans with Disabilities Act, or the Rehabilitation Act, treats an individual whom has a disability who is an employee or applicant unfavorably because of a disability they may have or the employer believes they may have.
Occurs when a covered employer or other entity treats an applicant or employee less favorably because of a history of a disability (such as cancer that is controlled or in remission)
The law also protects individuals from discrimination based on a relationship/partnership with an individual whom has a disability (even if they do not themselves have a disability). For example, it is illegal to discriminate against an employee because her husband has a disability.
Note: Federal employees and applicants are covered by the Rehabilitation Act of 1973, instead of the Americans with Disabilities Act. The protections are mostly the same.
The law forbids discrimination when it comes to any aspect of employment, including:
Reasonable accommodation, for example:
- hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
- making the workplace accessible for wheelchair users or providing a reader or interpreter for someone who is blind or hearing impaired.
The law does not protect against simple teasing or single incidents that are not very serious according to the equal employment opportunity commission
- BUT there was no mention of the side effects that occur from the “simple teasing.” I was not pleased by this remark of the government website.
Harassment is illegal, especially when it is frequent and creates a hostile, offensive work space, further more when it results in an individual being fired or demoted due to the adverse affects of the harassment.
It is also unlawful for an employer to retaliate against you for asserting your rights under the ADA. The Act also protects you if you are a victim of discrimination because of your family, business, social or other relationship or association with an individual with a disability.
If you think you have been discriminated against in employment on the basis of disability after July 26, 1992, you should contact the U.S. Equal Employment Opportunity Commission. A charge of discrimination generally must be filed within 180 days of the alleged discrimination. You may have up to 300 days to file a charge if there is a State or local law that provides relief for discrimination on the basis of disability. However, to protect your rights, it is best to contact EEOC promptly if discrimination is suspected.
You may file a charge of discrimination on the basis of disability by contacting any EEOC field office, located in cities throughout the United States. If you have been discriminated against, you are entitled to a remedy that will place you in the position you would have been in if the discrimination had never occurred. You may be entitled to hiring, promotion, reinstatement, back pay, or reasonable accommodation, including reassignment. You may also be entitled to attorneys fees.
While the EEOC can only process ADA charges based on actions occurring on or after July 26, 1992, you may already be protected by State or local laws or by other current federal laws. EEOC field offices can refer you to the agencies that enforce those laws.
To contact the EEOC, look in your telephone directory under "U.S. Government." For information and instructions on reaching your local office, call:(800) 669-4000 (Voice)(800) 669-6820 (TDD)(In the Washington, D.C. 202 Area Code, call 202-663-4900 (voice) or 202-663-4494 (TDD)
Career Counseling Approaches
- Reflect on interests, capabilities, and values, and practice communicating these personal characteristics to others
Part B: Young people explore world of work
- Examine ways in which people with disabilities have successfully bridged the gap between school and career
- Formulate questions to investigate specific careers, determine if these careers meet their personal needs and directions, test their questions in a mock interview, refine them, and try them out in a formal interview
Part C: Examine barriers to career success
- Identify their own barriers and contemplate strategies to overcome them
- Consider ways in which other people with disabilities have confronted career barriers
- Revise personal plans for addressing barriers and formalize action plans to achieve their career goals