A free service of the Office of Disability Employment Policy, U.S. Department of Labor

1. Job Accommodation Network A free service of the Office of Disability Employment Policy, U.S. Department of Labor Section 503 Refresh: DevelopingYour Inclusion Strategy Lou Orslene, CPDM, MPIA, MSW JAN Co-Director 800-536-7234 Voice877-781-9403 TTYAsk.JAN.orghttp://askjan.org/landingpage/DCBLN2012/

2. Section 503 Refresh PresentationOverview 1. Job Accommodation Network (JAN) 2. OFCCP Proposed Changes - Section 503 3. Signs that Your Doors are Open 4. Disclosure and the Interactive Process 5. Making Your Business Inclusive 6. Questions

3. Job Accommodation Network JAN Overview Job Accommodation Americans with Disabilities Act Self Employment

4. Job Accommodation Network JAN Overview 25 Years of Service Experienced Free National Easy to Use

5. Job Accommodation Network JAN Overview Employers Individuals Rehabilitation and educational professionals Others

6. Job Accommodation Network JAN Overview

7. Job Accommodation Network JAN Overview Accommodation and ADA Consultation Technical Assistance Documents Process and Guidance Benefit/Cost Research Policy Development

8. Job Accommodation Network JAN Study RESULTS: 56% were made at no cost $500 was the typical cost reported

9. Job Accommodation Network Direct Benefits after Accommodation

10. Job Accommodation Network Indirect Benefits after Accommodation

11. OFCCP Proposed Changes JAN Study Directly from OFCCP Webinar on Section 503 http://www.dol.gov/ofccp/Presentation/Webinar_503_January_11_2012.htm

12. OFCCP Proposed Changes FAQs About the NPRM How Do I Submit Comments? By February 7th, 2012 Electronically, (most common) by accessing the Federal eRulemakingportal called regulations.gov: http://www.regulations.gov. Follow instructions for submitting comments using RIN number 1250- AA02; OR Mail or hand deliver/courier to: Debra A. Carr, Director, DPPPD, Office of Federal Contract Compliance Programs, Room C-3325 200 Constitution Ave, N.W., Washington, D.C. 20210. FAX (comments of 6 pages or less) to (202) 693-1304

13. OFCCP Proposed Changes JAN Overview: Start with JAN NPRM Overview Incorporate changes necessitated by the ADA Amendments Act of 2008 Require annual review of personnel processes Require outreach & recruitment measures Mandate job listing requirements

14. OFCCP Proposed Changes NPRM Overview (2) Modify invitation to self-identify Establish a national utilization goal Require written reasonable accommodation procedures Require increased data collection Modify compliance evaluation procedures

15. OFCCP Proposed Changes JAN Overview: Start with JAN Necessitated by the ADAAA ADAAA applies equally to Section 503. ADAAA primarily broadens the definition of “disability;” became effective January 1, 2009. NPRM revisions consistent with amended EEOC regulations.

16. OFCCP Proposed Changes Annual Review of Personnel Processes Mandate previously recommended steps contractors must take to review their personnel processes, and to review physical and mental job qualifications Review and its results must be documented Reviews must take place annually rather than periodically

17. OFCCP Proposed Changes Mandatory Outreach/Recruitment Efforts Proposes requiring that contractors: List all openings with the employment delivery service/One-Stop; Enter into at least 3 linkage agreements; Annually review effectiveness of recruitment efforts; and Document this review Records must be kept for 5 years

18. OFCCP Proposed Changes Invitation to Voluntarily Self-Identify Proposes both pre-offer & post-offer invitations AND Annual anonymous resurvey of employees OFCCP will mandate text of contractor invitations Will provide much needed data to evaluate workplace practices

19. OFCCP Proposed Changes Establishment of a National Utilization Goal National utilization goal of 7% for each job group in workforce Based on limited American Community Survey (ACS) labor force & discouraged worker data Goal is neither a quota nor a ceiling An important tool: “What gets measured gets done”

20. OFCCP Proposed Changes Written Reasonable Accommodation Procedures Proposes contractors develop and implement written procedures for accommodation requests. Procedures must be in AAP and contain specific elements, including: How to request reasonable accommodation; Written confirmation of RA requests; Timeframe for processing RA requests; When medical documentation may be sought; Denials in writing, including the basis for denial; and Responsible official and contact information

21. OFCCP Proposed Changes Increased Data Collection Proposes contractor document & maintain specific data computations, including :The ratio of jobs filled to job openings; The ratio of applicants with disabilities to all applicants; The total number of applicants hired; and The ratio of individuals with disabilities hired to all hires. Records must be kept for 5 years

22. OFCCP Proposed Changes Compliance Evaluation Procedures Proposes revisions to compliance evaluation procedures: Contractors must provide records in any available format that OFCCP requests; Allows access to records for compliance checks & focused reviews onsite OR offsite at OFCCP’s discretion; and Adds a pre-award compliance evaluation to make Section 503 consistent with EO 11246

23. Signs that Your Doors are Open Four Signs the Doors are Open • Accessible Worksite • Accessible Ethos - particularly language • Inclusive Policies and Practices • Accessible Workplace Technologies

24. Signs that Your Doors are Open Language Tips • People First Language • No One is a Victim • Adults do not have special needs • Disabilities have various levels of impairment i.e. hearing, blind, autistic, etc. • Mental Illness, correct? Not denigrating descriptions such as “nuts”, “crazy”, etc. • Intellectual disability, correct? Not mental retardation

25. Signs that Your Doors are Open Meet and Greet Tips • Just like you, right? • Write down what you want to say • Meeting and talking with a person with blindness • Sit down and relax • Intellectual disability • Cosmetic disfigurement • Service animal • Speech impairment • Ultimately if you are unsure about how to communicate, ask the person

26. Signs that Your Doors are Open General Tips at Work • Abilities First • Adaptive devices and assistive technology • Communicate directly – eye contact - with a colleague with a disability • Gaining the attention of someone who is deaf • Communication preference • Ask the person first before providing assistance

27. Signs that Your Doors are Open Interviewing a Person with a Disability • Provide training to all the employees who might be in contact with a person with a disability • Focus on essential functions of the job • Disability does not need to be disclosed • Voluntary disclosure – affirmative action only • How to reply to a disclosure of disability

28. Signs that Your Doors are Open Supervising a Person with a Disability • Orient them to the evacuation procedures • Learning to navigate the office • Respect Privacy and do not make small talk about disability • Productivity tools - Just do it • But, if a person discloses and asks for an accommodation then begin the interactive process – communicate frequently, document, and meet your policy’s timelines

29. Signs that Your Doors are Open Policies and Procedures Reasonable Accommodation Policy • How to request reasonable • Written confirmation of requests • Timeframe for processing requests • When and how medical documentation may be sought • Denials in writing including basis for denial • Responsible official and contact information • Detailed interactive process

30. Signs that Your Doors are Open Accessible Technology • Websites – JAN SNAP Tool • Applicant Tracking System • Online HR Systems • Intranets • Service Centers • Products and Services • Promotions – Marketing & Communications

31. JAN’s Interactive Process Why have a process? • Consistency • Successful Accommodations • Good Faith Effort

32. JAN’s Interactive Process ADA Basics • ADA Requires Reasonable Accommodation • Interactive Process Recommended • Amendments Act Broadened Coverage • Everything Else Stayed Same

33. JAN’s Interactive Process Why people disclose? • To ask for job accommodations • To receive benefits or privileges of employment • To explain an unusual circumstance

34. JAN’s Interactive Process How do people disclose? • Probably will use "plain English" • Probably will not mention the ADA • Probably will not use the phrase “reasonable accommodation” • Will though express a need for an adjustment or change at work is needed for a reason related to a medical condition

35. JAN’s Interactive Process How employees may disclose? • Verbally or in writing • Supervisor • HR Representative • Disability Coordinator • Other person stipulated by policy

36. JAN’s Interactive Process JAN’s Interactive Process

37. JAN’s Interactive Process Step 1: Recognizing an Accommodation Request TIPS • Err on the side of caution • Act quickly • Assign responsibility • Conduct training

38. JAN’s Interactive Process An employee who is on FMLA notifies his employer that he will need additional leave after his 12 weeks of FMLA run out. Is this an accommodation request?

39. JAN’s Interactive Process Is this an accommodation request? Yes. More leave (an accommodation) is needed because of a medical condition

40. JAN’s Interactive Process Step 2: Gathering Information TIPS • Find out the limitation and problem • Get information from the employee • when possible • Remember ADA rules for medical inquiries

41. JAN’s Interactive Process In response to a poor performance evaluation, a teacher discloses that she has multiple sclerosis that is contributing to her performance problems and says she needs an accommodation. Do we have all the information we need?

42. JAN’s Interactive Process Job Accommodations That Work Do we have all the information we need? No.  • Do not know limitations • Do not know problem

43. JAN’s Interactive Process Step 3: Exploring Accommodation Options TIPS • Keep an open mind • Invite the employee to suggest accommodations • Ask the employee’s medical provider for ideas • Use JAN when needed

44. JAN’s Interactive Process A call center employee with heart/circulatory problems needs to take breaks to move around. Allowing more breaks will interfere with the employer’s call routing system. How can we figure out what else might work?

45. JAN’s Interactive Process How can we figure out what else might work? Call JAN! • Under desk pedal device • Meets employees needs without leaving her desk

46. JAN’s Interactive Process Step 4: Choosing an Accommodation TIPS • Consider the employee’s preference • Consider a trial period

47. JAN’s Interactive Process A customer service representative with diabetes had a strong body odor that he could not reduce until he got his diabetes under control. His employer was considering putting up cubicle walls and an air-purifier in his work area. His job could be done from home but the employer was concerned about isolating the employee.  How should the employer decide which accommodation to choose?

48. JAN’s Interactive Process How should the employer decide which accommodation to choose? Talk with the employee! • Employee preferred to work at home so not forced isolation • Employee was more concerned about the cubicle/air-purifier drawing attention

49. JAN’s Interactive Process Step 5: Implementing the Accommodation TIPS • Make sure all necessary steps • are taken to implement the • accommodation • Communicate with essential • personnel about the • accommodation

50. JAN’s Interactive Process A secretary with a shoulder injury and 10 pound lifting restriction had to get bulk items weighing more than 10 pounds from the storage closet. Her employer purchased her a small lifting device for office settings. Is that it?