1 Workplace Diversity Including Disability as a Strategic Business Advantage Tammie McNaughton, TecAccess Debra Ruh, SSB Bart Group Lou Orslene, Job Accommodation

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Workplace DiversityIncluding Disability as a Strategic

Business Advantage

Tammie McNaughton, TecAccessDebra Ruh, SSB Bart Group

Lou Orslene, Job Accommodation Network (JAN)

USBLN ConferenceOctober 18, 2011

Navigating the 3 “A’s” –

1. ADA

2. Accessibility

3. Accommodations

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Disability as a Strategic Business Advantage

People with disabilities do not have the talent and skills needed in business - People with disabilities have been among the greatest leaders and contributors to business, science, the arts, and society. 11% of this year’s college graduates have disabilities!

People with disabilities leave jobs more frequently than workers without disabilities - Employees with disabilities in most sectors stay on the job longer, resulting in up to a 6% turnover rate improvement.

People with disabilities have a higher than average absentee rate and your worker’s comp claims will increase - In fact, people with disabilities who are employed have less overall absenteeism and the number of compensation claims are no different.

Customers and employees will be uncomfortable seeing a person with a disability in the workplace or my business - 93% of customers surveyed said they would prefer to patronize businesses that hire people with disabilities.

It will be expensive to accommodate the needs of people with disabilities - Cost averages $400-$600. Only 44% need an accommodation & 56% require no accommodations! Sources: Cornell University, JAN, & DePaul University

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Myths and Barriers to Disability Employment

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Inclusion “Includes” People with Disabilities! In the US, one out of 8 people report having a disability. People with Disabilities are the largest minority subgroup in the US and is growing in nations such as Japan who has one of the largest aging populations in the world.

Employment Rate DisparityIn developing countries, 80% to 90% of persons with disabilities of working age are unemployed, whereas in industrialized countries the figure is between 50% and 70%. In the US, 39.5% of working-age people with disabilities are employed vs. 79.9% of those without disabilities

Educational AttainmentIn the US, 12.3% hold a bachelor's degree or more & 29.7% have some college or an associate degree, 34% of working-age people with disabilities have a high school diploma or equivalent

The Bottom Line Workplace Disability continues to grow with aging of the workforce and active war. In the US, 21% of experienced seasoned workers 45 to 54 years of age have a disability. The often-ignored market segment of people with disabilities is 54 million people strong, with an aggregate income that exceeds $1 trillion and has $220 billion in discretionary spending power. In a consumer survey, consumers prefer to give their business to companies who employ people with disabilities! Source: 2008 Disability Status Report, Cornell University, DiversityInc.

The Business Case for Disability Employment

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Disability is Part of Diversity!

Graphic Credited to Cardinal Health

EEOC’s Final ADAAA Regs were approved by a bipartisan vote and published in the Federal Register on March 25, 2011, (effective May 4, 2011)

Congress made it easier for an individual seeking protection under the ADA to establish that her or she has a disability within the meaning of the statute. Congress overturned several Supreme Court rulings that defined disability too narrowly resulting in denial of protection for individuals with cancer, diabetes and epilepsy as an example.

The definition of disability favors broad coverage of individuals. Definition of “Disability” remains: A physical or mental impairment that

“substantially limits” one or more major life activities; a record of such impairment; or being regarded as having a disability.

“Substantially Limits” is to be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA

The ADAAA regulations make it easier for individuals to establish coverage under the “regarded as” part of the definition of “disability.”

The regulations clarify that an individual must be “covered” in order to qualify for a reasonable accommodation.

The regulations seek to clarify impairments that virtually always constitute a disability. And examples of impairments that should be easily concluded to be disabilities including epilepsy, diabetes, cancer, HIV and bipolar disorder.

Source: Fact Sheet on the EEOC’s Final Regulations Implementing the ADAAA

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ADA Impacts on the HR Employment Lifecycle

Recruitment – Is your company disability friendly? Disability Outreach, company marketing, website, position descriptions, recruitment process, policies.

Selection – Recruiters, Hiring Manager, how to interview PwD, appropriate questions, accommodations.

Performance – Do you focus on performance vs. the disability, do managers have a performance standard for supporting disability employment? Coach, Mentor, Engage and Retain

Succession – Do individuals with disabilities know what positions they may aspire to, is internal upward mobility practiced for all?

Development – Are training programs, educational opportunities and internal learning programs accessible, are people with disabilities invited & encouraged to attend?

Transition – Are policies and practices for layoff, severance, retirement, etc. written and practiced consistently regardless of disability?

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Graphic credited to yhrct.com

PRACTICAL STEPS FOR EMPLOYERS - Implementing the new EEOC regulations

1. Update disability discrimination policies and reasonable accommodation processes to conform to the ADAAA and regulations, including changes in language.

2. Train human resources personnel and managers on their duties under the ADAAA, and the need to focus primarily on nondiscrimination, interactive process, and reasonable accommodations. The days of “severely restricted” are gone. Never assume that an individual will not be considered disabled/not protected under ADA.

3. Document the interactive process. Being able to show what efforts were taken to engage in the interactive process will be critically important to an employer’s defense to ADA claims.

4. Review qualifications standards that may tend to screen out individuals with disabilities to make sure that the standards are job-related and consistent with business necessity.

5. Make sure that charges of disability discrimination are handled by a person with appropriate expertise, as the charges may be used in more systemic investigations and litigation by the EEOC or private litigants.

Source: Littler Mendelson ASAP, March 2011

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Group Discussion

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1. True or False?

The Purpose of the ADA is to guarantee jobs to all people with disabilities.(False. The purpose of the ADA is to prevent covered employers from discriminating against disabled applicants or employees to perform the essential functions of their jobs, with or without an accommodation. The ADA requires covered employers to reasonably accommodate disabled applicants and employees if doing so doesn’t pose an undue hardship to the employer.)

2. True or False?

When making a reasonable accommodation, employers are not required to provide personal items such as glasses and hearing aides.(True. Reasonable accommodation may include but is not limited to:

Making existing facilities accessible, providing an interpreter for an applicant who is hearing impaired, job restructuring, modifying work schedules, reassignment to a vacant position, or acquiring or modifying equipment.

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ADA QuizAre you HR Savvy?

3. True or False?

Current users of illegal drugs are considered to have a qualified disability.

(False. Employees and applicant who are under the influence of alcohol or illegal drugs are not covered by the ADA and may be held to the same performance standards as other employees. However, recovering alcoholics/drug users who’ve gone through treatment are covered.)

4. True or False?

If you think an applicant/employee has a disability, but it is not obvious, you should always ask.

(False. If the applicant doesn’t disclose having a disability, don’t ask. However, if the applicant does have an obvious disability or if the applicant voluntarily discloses a disability, you can then ask if the applicant will require the job to be modified in some way to enable the applicant to perform the job duties.)

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5. True or False?

You do not have to allow an applicant the opportunity to interview if they have a learning disability and cannot complete the application on their own. (False. To comply with reasonable accommodation, you must assist the applicant in completing the application. EX: assisting a visually impaired applicant by reading the application.)

6. A major life activity is (Choose all that apply):

* Running * Hearing

* Typing * Concentrating

* Breathing * Driving

* Caring for Oneself(A major life activity includes, but is not limited to: hearing, breathing, caring for oneself and concentrating.)

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7. What is not considered a disability under the ADA?

A. An applicant with a broken leg from a car wreck.

B. A cancer patient who is in remission

C. An applicant with a hearing impairment

D. An applicant with epilepsy

(The correct answer is A. A broken bone is a temporary impairment, it is not covered by the ADA. The other options are considered a disability under the ADA.

Source: Express Personnel.com

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Where are the greatest risks, what are the people touch points?

Prioritizing risk and exposure If I am a person with a disabilities, or a person that

is blind, can I access your jobs?Do you have accessible communications, social

media, etc.Are you aware of the UN Convention and the

issue of Disability Rights? If you’re not in the US what process is your country in?

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Disability as a Strategic Business Advantage

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TecAccess was founded in the spirit of diversity, which is today reflected in our staff, our varied skill sets, and our deep pool of service offerings.

In April 2011, TecAccess formed a Strategic Partnership with SSB BART Group Inc. (SSB). Founded in 1997 by engineers with disabilities, SSB helps companies like yours design and enhance their IT systems - including Web sites, Web applications, software, hardware, and services - so they are accessible to persons with disabilities.

Both firms employ a diverse and skilled team of professionals from around the world, many of whom have disabilities, to help organizations address the growing disability market.

Our proven Accessibility Management Platform (AMP) is the industry's first on-demand solution that integrates the business and technical aspects of complying with regulations such as the Section 508 accessibility standards, ADA, and WCAG 1.0 and 2.0.

Accessibility: Opening the Door to Talent with Disabilities

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Internet, Communications & Technology (ICT) Accessibility means equal access.

To be accessible, ICT must be designed and developed to provide equal access and usability to every member of your target

The availability of accessible technology coupled with the buying power of people with disabilities, represents an untapped revenue stream for the consumer market.

This market includes people with and without disabilities, and those that may not consider themselves as having a disability – but could certainly benefit from assistive technology.


Legal Obligations? ADA – Americans with Disabilities Act Section 508 of the Rehabilitation Act of 1973 Section 255 of the Telecommunications Act U.S. Carrier Access Act HAVA – Help America Vote Act State Legislation (Section 508 “Type”) International Legislation (Section 508 “Type”) W3C WCAG 2.0 Standards UN Convention on the Rights for People with

Disabilities

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Pace of InnovationThe overall population also continues to increasingly depend

on computer technology: Sharing data between systems, departments & companies Powerful search capabilities are simplifying info retrieval Becoming easier to build and manage teams that span the globe Improved mobility allows business to happen almost anywhere

However, there is increasing difficulty for companies and workers, with and without disabilities, to keep up:

Email, instant messaging, text messaging Audio/video conferencing, online virtual meeting places Internet vs. Intranet sites RSS Feeds Blogging and social media Etc.

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There is no sign the rate of

change will slow:

Convergence of technologies

enables new scenarios New technologies replace

existing solutions Increased storage capacity &

speed delivered in smaller form

factors creates new possibilities

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Risks? Touch Points• Websites• Online HR Systems• Intranets• Service Centers• Products and Services• Promotions – Marketing

& Communications• Procurement

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Group Discussion

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1. True or False?

There is little risk or exposure if I do not make my on-line application system, website and other electronic business services?(False. There are a number of legislative and regulatory exposures if a businesses’ electronic systems are not accessible. These include the ADAAA, Section 508, Section 503 if your business is a federal contractor, etc.)

2. True or False?

The market for universally accessible products and services is small.(False. There are more than 54 million people with disabilities. Statistics extrapolated from Census suggest that people with disabilities have more than $200 billion dollars and when they and their families are taken into account the amount is $1 trillion dollars.)

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3. True or False?

Accessibility is only a US issue.

(False. Accessibility is a global issue. Many countries of the world have instituted Section 508 – like standards. The UN reports approximately 10 per cent of the world’s population, or 650 million people, live with a disability. They are the world’s largest minority. As of March 2011, 147 countries have signed onto the UN Convention on the Rights for People with Disabilities )

4. True or False?

There are many touch points in terms of disability and the workplace.

(True. These Websites, Online HR Systems, Intranets, Service Centers,

Products and Services, Promotions, Procurement.)

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5. True or False?

The best strategy for making your business accessible is working to make all processes accessible. (False. Examine your risk and exposures and develop a strategy to prioritize the segments of your systems that need to be made accessible first, second, third, etc.)

6. True or False

Social networking tools are accessible as they have been developed most recently. (False. Some tools are accessible, some have accessible versions for use of say people who are blind, and some social networking tools are not accessible at all.)

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Striking the Right Balance –

Creating a Culture of Inclusion and Access while Minimizing Risk and Exposure.

It can be done!

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Accommodations for a Productive and Inclusive Workplace

Effective Communication –

People First Language Hold at bay your preconceptions and stereotypes Communicate directly – eye contact - with a colleague with a

disability Ask the person first before providing assistance

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

Focus on essential functions of the job But, if a person discloses and asks for an accommodation then

begin the interactive process – communicate frequently and document

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JAN’s Accommodation Process

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Group Discussion

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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?

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Is this an accommodation request?

Yes. More leave (an accommodation) is needed Because of a medical condition

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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?

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Do we have all the information we need?

No. Do not know limitations Do not know problem

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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?

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How can we figure out what else might work?

Call JAN!

Under desk pedal device Meets employees needs without leaving her desk

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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?

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Is that it?

No. May need to be assembled Employee may need instruction in use Route of travel may need to be established

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An auditor with progressive vision loss from macular degeneration started using screen reading software a year ago. Recently the employer purchased new database software only to find out that the employee’s screen reading software would not work with the new database.

How could the employer have avoided this problem?

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How could the employer have avoided this problem?

When purchasing new products and equipment:

Remember to consider accessibility issues Do not forget about existing accommodations

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TecAccess http://www.tecaccess.netSSB BART Group Inc. https://www.ssbbartgroup.com/Job Accommodation Network (JAN) http://askjan.org/Office of Disability Employment Policy http://www.dol.gov/odep/Computer Electronics/Accommodations Program (CAP) http://cap.tricare.mil/GettingHired.com http://www.gettinghired.com/One More Way http://onemoreway.org/EEOC

http://www.eeoc.gov/laws/statutes/adaaa_info.cfmWorkforce Recruitment Program (WRP) http://www.dol.gov/odep/programs/workforc.htmEmerging Leaders Program http://www.emerging-leaders.com/US Business Leadership Network www.usbln.orgUS Disability Statistics www.ilr.cornell.edu/edi/disabilitystatisticsGlobal Disability Statistics www.disabled-world.comUnited Nations Enable www.un.org/disabilitiesG3ict www.g3ict.orgLittler Mendelson Newsletter EEOC Issues Regulations Under the ADA Amendments

ActCareer Opportunities for Students w/Disabilities (COSD) http://www.cosdonline.org/ SHRM Disability Resources

http://www.shrm.org/hrdisciplines/Diversity/Articles/Pages/disability_072110.aspxADA National Network (DBTAC) http://www.adata.org/Static/Home.aspxADA National Network (Pacific) http://www.adapacific.org/Diversity Inc.(Disability page) http://www.diversityinc.com/department/255/Disability/

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Resources for a Productive and Inclusive Workplace

Debra Ruh Tammie McNaughton

SSB Bart Group/TecAccess TecAccess

(804) 749-8646 (office) (804) 749-8646 (office)

(804) 749-3565 (direct) (724) 668-2010 (direct)

(804) 986-4500 (cell) (724) 263-5214 (cell)

[email protected] [email protected]

www.techaccess.net [email protected]

Lou Orslene

Job Accommodation Network (JAN)

(800)526-7234 (Voice)

(877)781-9403 (TTY)

[email protected]

www.AskJAN.org

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Questions?

Tammie McNaughtonFor over three decades, Tammie has built her business career on helping progressive organizations establish successful and inclusive human capital management strategies. She is widely regarded for her Human Resources expertise in diversity and inclusion, talent management, disability strategy, training, leadership development, workforce development, employee engagement, culture and communications. With significant experience in sales, service and manufacturing organizations, Tammie provides her expertise to build best practice organizations and enhance the overall employee experience and company image. As an independent consultant, and sought after speaker and workshop leader, Tammie provides integrated services and strategies that include people with disabilities as a business advantage. She consults with corporations including TecAccess and GettingHired.com. She holds board positions with NYCBLN and the USBLN Corporate Advisory Board.

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Speaker Bios

Debra Ruh Founder and CEO of TecAccess, the leading provider of accessible Information & Communication Technologies (ICT) for the largest and fastest growing minority group – People with Disabilities, Baby Boomers, and Veterans with Disabilities in the world. Debra also joined SSB BART Group in April 2011 as the Chief Marketing Officer. Debra serves as the Chair of the VABLN and board member and officer of the USBLN. She is also on the steering committee, and is chair the Employability and Technology Group, at G3ict, the Global Initiative for Inclusive Information and Communication Technologies, a flagship advocacy initiative of UN-GAID, the United Nations Global Alliance for ICT and Development. Additionally, Debra serves as an officer on the PEATC board. Selected as the only US represented on the Australian Government Expert Reference Group. Last but not least Debra has two children, her oldest Sara has Down syndrome.

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Speaker Bios

Lou OrsleneAs the Job Accommodation Network's (JAN) Co-Director, Lou Orslene leads the premier national resource for free, expert and confidential guidance on workplace accommodations and disability employment. As a service of the US Department of Labor’s Office of Disability Employment, JAN’s professional consultants have managed more than 500,000 inquiries with employers, people with disabilities, and others. Lou has also taken on the role of assisting other interested countries in replicating the JAN model. In this regard, Lou has worked with the governments of Colombia, Republic of Korea, and India. Elements of the JAN Model have been replicated in other countries including the England, Japan, Australia among others. Lou’s presentations are informed by 25 years in the field of disability employment and through collaborations with groups such as DMEC, SHRM, and USBLN.

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Speaker Bios

Documents

1 Workplace Diversity Including Disability as a Strategic Business Advantage Tammie McNaughton, TecAccess Debra Ruh, SSB Bart Group Lou Orslene, Job Accommodation