Web Posted on: December 17, 1997

Ready, Willing, and Available
A Business Guide For Hiring People with Disabilities

This booklet has been compiled by members of the Standing Employer Committee of the President's Committee. The Employer Committee is comprised of proven leaders in business and industry who have demonstrated through their policies and practices a commitment to a complete range of employment opportunities for people with disabilities.

All public documents produced by the President's Committee on Employment of People with Disabilities are available in alternative formats.

Revised August 1993

Contents

• Contributors
• Greetings
• Preface...A New Law
• Where and How to Look
• Meeting and Evaluating the Candidate
• Deciding What the Job is
• Accomodating the Worker with a Disability
• Building "People" Support
• Keeping Career Paths Open to All
• Getting Started
• Appendix A The Americans With Disabilities Act
• Appendix B Vocational Rehabiliation Services
• Appendix C Additional Resources
• Appendix D Job Analysis Form
• Appendix E Review of Other Laws
• Appendix F Developing an Affirmative Action Program
• Appendix G Governor's Committees on Employment of People with Disabilities

Contributors to this booklet:

• The Adolph Coors Company
• AT&T;
• E.I.L. Instruments, Inc.
• Gannett/USA TODAY
• Hewlett Packard Company
• Kentucky Fried Chicken
• Liberty Mutual Insurance Company
• Marriott Corporation
• Martin Marietta Energy Systems
• Pratt and Whitney
• Sears Roebuck and Company
• Tektronix, Inc.
• 3M Company

Greetings

Greetings from the President's Committee on Employment of People with Disabilities. This booklet has been prepared by volunteer representatives from companies with long records of hiring people with physical, mental or learning disabilities. We are the people at those companies responsible for recruit- ing, training, supervising, advancing and terminating personnel (see listing on last page).

In 1994, only 26 percent of persons with severe disabilities were employed. Yet according to two published Harris Polls, most want to work! Repeated studies show that employees with disabilities perform just as well as employees without disabilities. The studies also show the cost of employer provided insurance is unaffected; and, the cost of job accommodation is minimal. Still, thousands of people with disabilities who have been properly prepared for work still confront misinformation, misperception, unfair employment practices, accessibility barriers and technology deficits.

Today, the resources of local special education, vocational rehabilitation, and community and corporate sponsored training programs, all working to ensure employment opportunities for people with disabilities, are available to employers. Take advantage of these resources, especially the expertise of their personnel.

Many employers cannot attend meetings where they would learn about tapping this under-utilized resource. Therefore, the purpose of this publication is to bring this information to you. We see this booklet as a contribution to America's competitiveness while creating employment opportunities for many capable citizens with disabilities.

Preface: A New Law

On July 26, 1992, Title I of the Americans with Disabilities Act (ADA) took effect for all employers who have 25 or more employees. Two years later, on July 26, 1994, it takes effect for all employers with 15 or more employees. The new law is designed to ensure equal opportunity for people with disabilities in all aspects of life, including employment. The ADA will require employers to carefully review present practices and take specific actions to be sure that they do not deny equal employment opportunities to qualified people with disabilities. For an overview of this new law, be sure to see Appendix A.

The President's Committee on Employment of People with Disabilities is reissuing this booklet, originally prepared before passage of the ADA and based on successful experience of many companies in employing people with disabilities, as a valuable aid to compliance with the ADA. Many activities described in this booklet as helpful in meeting employers' human resource needs and in opening opportunities to qualified people with disabilities are now legally required by the ADA. However, this booklet itself is not intended to provide specific guidance on your legal obligations under the Act. For further guidance on legal obligations, this booklet should be read along with the final regulations for Title I and The Technical Assistance Manual on the ADA, both prepared by the Equal Employment Opportunity Commission (EEOC), the agency that enforces the ADA's employment requirements. For more specific guidance, employers should consult the regulations implementing the employment provisions of the ADA.

Where and How to Look

Because all businesses compete for skilled workers, it's important to look everywhere for talent. Recruiting should extend to nontraditional sources, including individuals with physical or mental disabilities.

Employers may successfully recruit applicants with disabilities through job announcements, advertisements, and other recruitment notices. It is advisable that these notices include information on the essential functions of the job. For example, if "good oral skills" are not essential for a vacant position, listing this criterion in a job announcement may unnecessarily discourage individuals with speech impairments from applying for that position. Employers may also indicate in job announcements and notices that they do not discriminate on the basis of disability. Upon request, employers must ensure that information about job openings is accessible to people with different disabilities. For example, job information in braille, large print, or audiotape will help make it available to people with visual or other reading impairments.

Help in reaching into this talent pool is available from rehabilitative, independent living, social service and education agencies who counsel people with disabilities into careers that could coincide with your business needs. You can get a list of some of these agencies, including the services and programs they provide, by contacting one or more of the agencies listed in Appendix B and Appencix C.

Then, review with each agency the services it provides. Ask these questions:

1. Does the agency evaluate their clients' work potential? If so, how?
2. Does the agency provide skills training? If so, what?
3. Are there additional incentives for hiring the persons the agency represents (e.g., wage-subsidy, training grants, etc.)? What and how does it work?
4. Does the agency provide on-the-job training? Coaching? Counseling? Follow-up?
5. Does the agency offer "awareness" training for supervisors and managers? Ask the agency about its placement record, including the number of placements in specific jobs, retention rates, etc.
6. Do the agency's representatives seem to understand my needs as an employer?

Once a relationship is established with one agency, you'll find that other agencies with similar services will contact you. Just one successful placement will open other avenues of opportunity.

Meeting and Evaluating the Candidate

You have a job to fill and Jane, a person with a disability, applies. She is like any other job applicant except that she has a (physical, mental, sensory, or learning) disability. If Jane did not believe that she was qualified, she would not have applied. It's your responsibility to determine if Jane is qualified, but you should do it in the same basic way you'd handle any other applicant.

This is where your own feelings about people with disabilities come into play. If you're uncomfortable, ask yourself, why? Is the reality of Jane's disability her problem, or your problem?

Here are some tips to help you and Jane feel at ease with each other:

Greeting the Applicant

Perhaps you have a friend or relative who has a significant disability. If so, you probably see this person as an individual rather than as a person with a disability, and you have some understanding of what he or she can or cannot do. For many who do not have close contact with a person with a disability, the first experience might be met with anxiety. "Am I going to say and do the right things?"

When in doubt as to whether to help an individual around the limitations caused by the disability, the questions "May I be of assistance?" or "Is there anything I can do to make your visit more pleasant?" should break the ice and allow the applicant to tell you what, if anything, is needed.

If your applicant has a visual limitation, or is blind, identify yourself, shake hands, offer the applicant the option of taking your arm for direction if you need to go to another location. Let the applicant feel the back of the chair where he or she is to sit. If a guide dog comes too, just let it do its job.

If the applicant has a hearing limitation, and you have no experience in sign language, look at the individual, speak in your normal tone of voice, and be prepared to exchange information in writing. Have a couple of note pads and pencils handy. Ask the applicant whether an interpreter would facilitate full and effective communication, and if necessary, reschedule the appointment until the services of an interpreter can be obtained by the employer. If the applicant is accompanied by an interpreter, talk to the applicant. The interpreter will ask to sit next to you to better handle the exchange.

If the applicant has mental limitations, for example, is mentally retarded, there is no need to "talk down." Greet him/her as you would any other applicant and use the vocabulary common to the job. In a few minutes, you'll have a pretty good understanding of the level at which the individual can communicate.

Like all applicants, people with disabilities need to discuss their assets and liabilities during the interview. After you understand the person's potential for the job, it's OK to say something like: "Would you explain to me how you will perform the job and what, if any, kind of accommodation you might need?" Remember, the individual may be the best expert on how to overcome the limitations his/her disability presents.

Wrong perspective - "If I were in your shoes, I don't know how I could possibly do this job."

Right perspective - "This person is applying for the job of ____________. S/he does have a disability. If I became disabled but was capable of performing this job, would I not wish to be treated like any other applicant without a disability? Let's see about the applicant's experience, training, and education; then we'll deal with the possibility that the disability might require an accommodation in order for the individual to do the functions of the job."

Handling the Application

Your company's regular procedures should be consistent with the ADA (See Appendix A), and you should follow them. (Note that the ADA prohibits any pre-employment inquiries about disability.) If the applicant's disability prevents him or her from filling out an application, offer assistance in filling out the application or allow him/her to take it home, stating a specific appointment time to return. This action is a reasonable accommodation to your procedures.

Testing the Applicant

The ADA has specific requirements for testing people with disabilities, including the obligation to provide a reasonable accommodation if needed, to assure that tests reflect an individual's ability to do a job, rather than the effect of a disability. The ADA requires that employers test people with visual, hearing, speaking or manual impairments in ways that do not require the use of the impaired skill, unless the test is designed to measure that skill. A job applicant has the responsibility, under the ADA, to request an alternative test format, but EEOC suggests that employers may wish to inform applicants in advance that a test will be given, so that an applicant can notify the employer of any need for accommodation or different format. If an individual with a disability does not request an accommodation in advance, the employer may need to reschedule the test or provide another type of accommodation if the requested accommodation is not available at the time the test is administered.

If your company requires any kind of test and the applicant's disability doesn't interfere, give the test in the same way you would for any other candidate.

Blindness, motor impairment affecting the use of hands or eye/hand coordination, and learning disabilities can prevent an applicant from passing some tests even though he or she might have the ability to do the job. Rely instead on the applicant's work experience, training and education. Remember, when the applicant's impairment makes it impractical to complete a test, particularly one which is timed, the results may reflect the testing of the individual's impairment-related limitations instead of predicting the applicant's abilities and potential success on the job.

You may take a number of steps to see if a test will be effective and appropriate. One way is to ask the applicant. Examples of questions to ask are:

"Have you taken tests of ___________ type before?" "Did you feel comfortable taking the test?" "Was there anything that could have helped you with the test?"

Reading a test to an applicant who has a visual impairment or an applicant with a reading/learning disability is one way to measure abilities for jobs where reading skill is not necessary to perform the job. For example, many people with visual impairments successfully hold typing positions. To test a person with a visual impairment, typing tests are put on a dictating machine and then scored in the same way as would be done for any other applicant. If an applicant has a hearing impairment, be sure the candidate understands the instructions.

If the applicant has a learning disability, success or failure on the test could hinge solely on its instructions. They should be modified, if needed, so that people who can do the job are not screened out because the instructions are not clear to them. To accurately assess abilities, you may need to allow extra time for people who use readers or who have learning or writing disabilities to complete a test. Also, be sure that all test sites are accessible.

Persons who have recovered from mental illness might not be up to test pressure. An honest and open discussion regarding this matter will help you decide if the test is really needed. Any such discussion, however, must avoid pre-employment inquiries into an applicant's disability.

Consult EEOC's regulation for further guidance on the ADA's requirements related to testing.

Discussing Reasonable Accommodation

During the interview, you'll be discussing tasks done by the applicant on other jobs and the tasks to be performed on the new job. Any question of accommodation should be raised after the individual is determined to meet all other job qualifications except those that he or she may not meet because of a disability. If the candidate is not qualified, tell him or her why; explain the experience other people who do the job possess, which he or she lacks. In this way, the candidate will understand that his/her rejection was truly based on a lack of qualification rather than on his/her disability. If they're not qualified, you need not refer to the disability at all.

The interview of a potentially successful candidate should end with a visit to the worksite. Then you and the candidate both understand the tasks to be performed. If a reasonable accommodation is needed--and most often it is not--the degree of accommodation can be mutually established.

Under the ADA's regulations, the person with a disability generally has the obligation to request an accommodation, if needed. If an applicant has a known disability that appears to interfere with or prevent job performance, you may ask the applicant to describe or demonstrate how he or she would do the job with or without an accommodation. However, otherwise you should not ask such a question unless it is asked of all applicants.

Again, the individual may be the best expert on how to overcome the limitations of his/her disability.

If you would like assistance in determining appropriate accommodation solutions, contact the President's Committee's Job Accommodation Network.

Working with Agencies

If the candidate has been referred by, or trained by a rehabilitation agency, you will already know a good deal. While it is always preferable to interview an applicant alone, the nature of the disability might require the presence of the agency counselor. This will help open the exchange of information as to the applicant's potential.

Closing the Interview

If the candidate is qualified, and you're not prepared to make a commitment to hire him/her immediately, the usual reasons given to applicants who are not hired immediately apply: "Thank you for coming in, we will notify you in a few days of our decision." "It will be necessary for you to talk with the supervisor in charge of that assignment." "The boss isn't available today." and so on.

Deciding What the Job Is

Job analysis is the process of breaking down a particular job into its essential functions or parts. This is a useful tool in interviewing, selecting, training and promoting employees as well as determining pay.

Job analysis, if conducted in accordance with the ADA's requirements, can be very helpful in selecting, training, promoting and accommodating persons with disabilities, as well as improving the efficiency of your organization. Job analysis is used for many other purposes, but you should be careful in using it with persons with disabilities to focus on those tasks which are essential functions of a job. Under the ADA, a person is considered to be qualified for a job if he or she can perform its essential functions, with or without accommodation. You should consult EEOC regulations for further guidance on determining what are essential functions.

The first step in a job analysis is to make a list of the tasks. Next, ask yourself the following questions about each:

1. How is the task performed? What methods, techniques, and tools are used?
2. How often is the task performed? Are the tasks performed less frequently as important to success as those done more frequently?
3. How much time is allotted to perform the task? Is the pace consistent?
4. Why is the task performed?
5. Where is the task performed?
6. How is success measured?
7. What happens if the task is done wrong?
8. What aptitudes are necessary? (Aptitude refers to the potential to learn and accomplish a skill.)
9. What knowledge is necessary? (Knowledge refers to the level of general or technical information.)
10. What skills are necessary? (Skills refer to the applied ability through training required.)
11. How much physical exertion is required? (Physical exertion refers to lifting, standing, bending, reaching, twisting and crawling.)
12. What happens if the task is not completed on time?
13. What are the environmental conditions (i.e., hot, cold, dust, wet, etc.)?
14. How much mental exertion?
15. How much emotional exertion?

Supplement your knowledge of the job with information from other sources. Interviewing the worker and supervisor is critical for office jobs where output cannot be continually measured. Observation is used for manufacturing jobs and jobs that involve manual labor. Worker task logs and questionnaires also might be used.

Job analysis is particularly useful when hiring people with disabilities. It is equally useful for bringing experienced workers back to a job who are recovering from injury or illness. Frequently a referral agency will do the analysis for nothing. A careful match of the individual's aptitudes and abilities with the job enhances the probability of success. The job analysis also helps in determining if a job accommodation is necessary. Accommodation can include additional assistance to the individual with a disability, a physical change to the worksite, a restructuring of tasks or working hours, etc.

A job analysis helps reassure supervisors about the real capability of a person with a disability. Several formats for job analysis are available, but you should stick to the same format for all positions. A sample format is found in Appendix D.

Accommodating the Work with a Disability

You have many resources available to assist in modifying, adapting, and providing accessibility to your office or plant for both the newly hired or newly disabled employee.

Some of these are provided at no cost. State Vocational Rehabilitation agencies often are a good source for this kind of help. Another resource is the President's Committee on Employment of People with Disabilities' Job Accommodation Network (JAN), which offers toll-free consultation. If you need to accommodate an applicant with a disability, a new employee, or return to work an employee who is newly disabled, and you do not know what to do, just call JAN. JAN's success rate of assistance is 73%, and in 85% of the cases the expense of modification required was less than $1,000. In addition to its data base of over 20,000 specific accommodations, JAN can also provide you with specific resources to assist in solving difficult or unique accommodation or adaptation problems. The Job Accommodation Network has been expanded and can also answer basic questions and provide referral information on the Americans with Disabilities Act (ADA). The JAN toll-free voice and TDD numbers are:

• 1-800-JAN-7234 United States
• 1-800-ADA-WORK ADA Information (in the U.S.)
• 1-800-526-2262 Canada

Additional resources are available at the state and local level. Please check with your State Governor's Committee or Local Mayor's Committee on employment of people with disabilities for local resources.

In addition to job modification, in some cases you'll need to make structural changes. In most instances, though, the changes required are minimal and involve ramping, doorway widening, and providing accessible restrooms. A good resource for determining needs and design is the occupational therapy department at your local rehabilitation hospital. Additional resources are the State Governor's Committees and local Mayor's Committees on employment of people with disabilities; the various independent living centers located in different settings throughout the country; Regional Disability and Business Technical Asistance Centers (1-800-949-4232 v/tdd); and State AFL-CIO ADA Designees. In most cases the cost of accessibility is relatively small. However, cost should not be viewed as a barrier. (See Appendix E.)

Remember, today's successful business recognizes that in a dwindling labor supply, success comes only to those willing to use all the resources available. And that means recruiting and employing the qualified person with a disability and maintaining the employee who is newly disabled.

Often, accommodation involves no more than taking a common sense approach that need not be expensive to be effective. Many situations can be handled with little or no expense. The person with the disability is usually the best person with whom to start. He or she may have already solved the problem or can offer constructive advice on what needs to be done.

Persons using wheelchairs need space for their chairs entering and leaving as well as in work areas, bathrooms, cafeteria, and training sites. Title III Regulations (Public Accommodation) of the ADA and state and/or local building codes should be consulted for the correct space requirements. Often, simply raising an ordinary desk or worktable on blocks will allow the user to draw his or her chair up to the work area and work comfortably.

Specially designed workstations as well as those that can be raised and lowered mechanically are available. You should also consider limitations in the range of reach for wheelchair users and others with upper body strength and extension problems. Moving equipment and/or devices from one side of a workstation to the other may be all that you need do to allow an individual to function productively. Simple things like tilted plastic trays or a lazy susan may be the only accommodations needed.

When necessary items are out of reach and cannot be moved, a variety of devices are available to extend an individual's reach and grasp.

Helping accommodate individuals with hearing impairments may be no more complicated than turning a receptionist's desk to face the door. A variety of devices are available for telephones to amplify hearing and speech. Devices that flash lights instead of ring bells can be provided for emergency alarms as well as for telephones. Some hearing-impaired persons cannot use regular telephones even if they are adapted with amplifying devices. Instead, people with severe hearing loss use telecommunication devices for the hearing-impaired (TDD's). Telecommunication devices make the telephone accessible and productive to people who would otherwise not be able to use them. For greatest efficiency, both "sender" and "receiver" should have a TDD. As of July 26, 1993, all states will eventually have relay services for persons who are unable to hear or cannot speak. These provisions are required under Title IV of the ADA.

Individuals with limited or no vision can be accommodated in various ways. Examples include raised lettering or braille symbols on signs and elevator buttons. A variety of magnification devices exist, but be sure to allow the individual who will be using the device to try it before investing.

Devices which produce braille symbols or synthesized speech can assist those with severely limited or no vision to read printed material and access computers. While such devices may be expensive initially, they often pay for themselves in increased productivity.

Individuals with severe strength and motion limitations, such as that resulting from quadriplegia, can be accommodated too. Switches that can be operated with one's mouth or a head stick or even rolling a wheelchair across a strip on the floor, can be connected to telephones, computers and manufacturing equipment.

You might not need any special equipment to accommodate individuals who are mentally retarded or those who have recovered from some form of mental illness. Providing extra training and guidance to the individual and breaking a complex task down into simpler components may be all that's needed to ensure understanding and productivity. Working closely with the person's rehabilitation counselor should help, too. Avoid giving too many instructions at once. Also try to limit the number of people who give instructions. Multiple instructors often can confuse a situation as much as multiple instructions.

Agencies dealing with specific disabilities, such as State Commissions for those with visual impairments, and state and local rehabilitation facilities are good sources for assistance in providing successful accommodations.

In many instances, these agencies also can help pay for some of the more expensive types of equipment.

Building "People" Support

Gaining the support and commitment of supervisors requires planning, education, support and feedback. The supervisor is key to the success of the worker with a disability.

You can help supervisors prepare for the specific needs of the individual by providing written information, contacts with community resources and coaching from those who have disabilities. Depending on the size of your organization, it might be best to develop a training program for all supervisors using knowledgeable people who can lead discussions about the role of the supervisor. This will create an internal network and increase awareness throughout the organization. Use accurate facts and data to help the supervisor enter the relationship with a realistic, positive attitude.

Knowledge of a person's performance expectations, reliability and special needs is paramount. For example, knowing that most workers with disabilities are extremely dependable and responsible will help the supervisor begin to see the person as an asset. Apprehension, of course, will not totally disappear until the supervisor has experienced some degree of success in dealing with workers who have disabilities. But the new or experienced worker with a disability should be held to the same standard of performance against which nondisabled workers are measured.

This will require ongoing support from others, particularly top management. Management must be clear about its commitment, providing consistent goals to the supervisor and the worker. This should include support and encouragement for supervisors who successfully manage workers with disabilities. You can also assist by listening to the supervisor's concerns, providing feedback, praising his or her successes and by encouraging efforts to make the good supervisor a role model. Also, he or she will probably derive satisfaction by seeing someone become a productive part of your organization.

Start by involving the supervisor in the employment process, including recruitment, interviewing and job modification. The supervisor will know what's expected of him or her and will become aware of the independence that most workers with disabilities wish to attain. With the exception of possible job accommodations, the supervisor's role should not significantly change. A supervisor should ensure that an employee with a disability has the same opportunity as other workers to fully and effectively perform job duties. Indeed, being overly cautious or protective will have a negative effect on the person's career mobility, self-esteem and relationships with co-workers. The primary responsibility for getting help once on the job rests with the worker. However, if an employee is obviously unable to perform the essential functions of a job because of a disability, then the employer must try to find a reasonable accommodation that would enable this person to perform these functions.

It's possible that the supervisor may be unsure of his or her own abilities and require extra coaching and support. Still, increasing understanding and ability to supervise workers with disabilities needs to become an integral part of the supervisor's responsibilities.

Remember, you can help ensure success for the supervisor by:

1. carefully planning a process for gaining support;
2. involving the supervisor in the employment process;
3. providing education and resources;
4. providing coaching and feedback; and
5. rewarding results.

And be sure to publicize your commitment and actions so that everyone becomes a part of the process.

Keeping Career Paths Open to All

We hear this question a lot: "Once I hire a person with a disability, what kind of support will I need to give?" That support includes what you've already read in this booklet, but it also extends to what we know collectively as career development.

People with disabilities are just like other workers. They want to do a good job, they appreciate constructive supervision, and they want to get ahead. The myth that people with disabilities are grateful just to work and are happy to stay in entry-level positions is precisely that: a myth. Some people need or want a steady routine, but most enjoy new challenges, and people with disabilities are no exception.

You should think about goal setting, team building, networking, the mentor system, performance evaluations, and training.

Goal Setting

Recognize that people with disabilities have career goals. Sit down with your employees and talk about goals. If the goals seem unreasonable to you, ask the employees what they think it would take for them to achieve the goals. See if you can reach a consensus. If the goals are unreasonable for business reasons, say so; but do not automatically assume that the employees' disabilities will be barriers. The biggest barrier may be your lack of experience or understanding. Workers with disabilities simply add to the cultural diversity that employers must manage in today's labor market.

Team Building

It is easy to fall into the trap of isolating your employees with disabilities from the others. Make sure these employees have opportunities not only to work with others on group projects but, when appropriate, to take on leadership roles.

Networking

Bring your employees with disabilities not only into formal work groups but also into informal employee gatherings. Do not assume that just because an employee uses a wheelchair that he or she would not be interested in joining the ski club or that a worker who is deaf would not like to attend the company dance. People with disabilities enjoy all sorts of social and athletic activities. Very often, important business is discussed at these events, and all your employees should be given the opportunity to participate. By the way, be sure to schedule these events in accessible facilities.

The Mentor System

Anyone can benefit from the guidance of a more experienced worker. Encourage your employees with disabilities to find mentors, disabled or not. When these employees become more experienced, you should encourage them to be mentors to other new employees who may or may not be disabled.

Performance Evaluations

Every company differs in how it evaluates its employees. Some procedures are formal, written documents; others are less formal and oral. Whatever procedure is followed in your company, treat your employees with disabilities as you treat all others. If you have restructured jobs to accommodate disabilities, of course you should evaluate the employees only on those tasks they are expected to perform. But you should apply the same performance criteria to those employees that you apply to all other employees. Trying to "give the guys a break" does not encourage workers with disabilities to perform up to standards and may cause resentment among other workers.

Training

When you have training opportunities, give your employees with disabilities an equal chance. If there are formal classes, make sure they are held in accessible facilities; and, as necessary, that materials are available in large print for persons who are visually impaired, interpreters are provided for participants who are hearing- impaired, or other accommodations are made. And if one of your employees who has a disability happens to be an expert in the skill or topic to be taught, consider having that person be the trainer for the course.

Transportation

Please note, if you provide any form of transportation for your employees, the ADA requires that you provide access to such transportation for employees with disabilities.

As with anyone, how well your employees with disabilities support you may depend on how you support them.

Getting Started

Integrating people with disabilities into your workforce can be achieved with a six-step process:

1. Commitment

Let all in the company know of your organization's commitment to employing, advancing, and retaining people with disabilities. If the boss wants it to happen, everyone else will also. And, don't just publish it once; make it an often-repeated statement. Remember, workforce diversity includes people with disabilities.

2. Recruitment

Let it be known that you are aggressively seeking job candidates with disabilities. Send your vacancy announcements to disability-related organizations and agencies. State right on the job announcement your interest in receiving applications from people with disabilities.

3. Interviewing

Train your interviewers to learn how to screen-in qualified applicants with disabilities. Look at essential functions, qualifications of the individual, and ways to make reasonable accommodations. Don't let the disability distract you as you evaluate qualifications. Be sure any tests or medical exams are performed in accordance with Title I of the Americans with Disabilities Act.

4. Placement

Be sure to test accommodations and adaptations once the person is on the job. Rework them, as necessary. Ask the employee with a disability to help guide you in the process.

5. Training

Any employee's success hinges on proper orientation and training. Be sure all such programs are accessible to your new employee with a disability. Also, make sure training programs that lead to upward mobility and career advancement are available and accessible.

6. Awareness/Sensitivity

Explain to all workers involved the principle of reasonable accommodations and the particular accommodations or adaptations that have been made. Knowledge is the key to understanding. Also, if needed, have someone knowledgeable speak to co-workers about disability myths and misconceptions. An educated workforce will be better able to ensure the success of your new worker, who just happens to have a disability.

Join with us. And, get started today.

Appendix A The Americans with Disabilities Act--An Overview

The Americans with Disabilities Act (ADA) is modeled after the Rehabilitation Act of 1973 and the Civil Rights Act of 1964. The purpose of the ADA is to assure civil rights protections to qualified people with disabilities.

The ADA prohibits discrimination on the basis of disability in the private sector and in state and local government. In addition to prohibitions against discrimination in employment, the ADA also prohibits discrimination in public accommodations and services, transportation provided by public and private entities, and in the provision of telecommunication services.

TITLE I OF THE ADA

In terms of employment, the ADA requires nondiscrimination in all employment practices on the basis of disability, and specific actions to assure equal employment opportunity.

Some Key Elements of the Law - The ADA's employment provisions will ultimately cover all employers who have 15 or more employees, the same scope of coverage which exists under Title VII of the Civil Rights Act of 1964.

The employment provisions of the bill take effect as follows:

Employers having 25 or more employees: July 26, 1992; employers having 15-24 employees: July 26, 1994.

Under the ADA, an employer may not discriminate against a person with a disability, because of the person's disability when the person is qualified to perform the essential functions of the job, with or without a reasonable accommodation.

"Disability Defined"

• A person who:
  • Has physical or mental impairment which substantially limits a major life activity
  • Has record of such impairment
  • Is regarded as having such impairment
• Same as definition in the federal Rehabilitation Act of 1973, as amended.

"Major Life Activities Defined"

• Seeing
• Hearing
• Walking
• Caring for oneself
• Learning
• Breathing
• Working

"Physical or Mental Impairment Defined"

• Physiological disorder or condition, cosmetic disfigurement, or anatomical loss
• Mental or psychological disorder, such as mental retardation, emotional or mental illness, specific learning disabilities

Includes:

• cerebral palsy
• epilepsy
• muscular dystrophy
• multiple sclerosis
• AIDS
• cancer
• heart disease
• diabetes

Does not include:

• minor or trivial impairments
• simple physical characteristics
• environmental or cultural disadvantages
• current illegal use of drugs
• transvestism
• homosexuality
• sexual behavior disorders
• compulsive gambling
• kleptomania
• pyromania

"Qualified Individual with a Disability Defined"

• Person must be a "qualified" individual with a disability to be protected under the ADA. An "Individual with a disability" as defined by the ADA is one who with or without reasonable accommodation can perform the essential functions of the job.

An employer is required to make an accommodation to the known disability of a qualified applicant or employee if it would not impose an undue hardship on the operation of the employer's business.

"Undue Hardship Defined"

Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as the employer's size, financial resources, and the nature and structure of the operation.

Factors to be considered in determining whether an accommodation would cause an undue hardship include:

• the nature and cost of the accommodation;
• the resources and size of the business as a whole and of the facility making the accommodation;
• the type of business operation, function, and structure of the workforce and;
• the impact that the accommodation would have on the facility making it and on the business as a whole.

"Reasonable Accommodation Defined"

Reasonable accommodation means that there is some modification in a job's tasks or structure, or in the workplace, which will allow the qualified employee with the disability to do the job. Employers also must make accommodations to enable people with disabilities to participate in the job application process and to enjoy benefits and privileges enjoyed by other employees. The modification or change must be made unless it would be an undue hardship for the employer.

Reasonable accommodation may include, but is not limited to:

• Making existing facilities used by employees readily accessible to and usable by persons with disabilities;
• Job restructuring, modifying work schedules, reassignment to a vacant position;
• Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

An employer is not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids.

Employers may not ask applicants about the existence, nature or severity of a disability. Applicants may be asked about their ability to perform specific job functions. If the applicant has a known disability that appears to interfere with or prevent job performance, the employer may ask the applicant to describe or demonstrate how he or she would do the job, with or without an accommodation.

A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of current employees must be job related and consistent with business necessity.

The results of all medical examinations and information from inquiries about a disability must be kept confidential, and maintained in separate medical files.

The ADA explicitly provides that employers may prohibit the illegal use of drugs or alcohol by all employees, may require that employees not be under the influence of alcohol or drugs in the workplace, and may hold a drug user or alcoholic to the same qualifications, performance and behavioral standards to which all employees are held, even if unsatisfactory performance or behavior is related to the individual's drug use or alcoholism.

TITLE III OF THE ADA

Public Accommodations - Title III of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in places of public accommodation and in commercial facilities. The regulations were published by the Department of Justice and incorporate the ADA Accessibility Guidelines issued by the Architectural and Transportation Barriers Compliance Board as the standard for accessible design.

The specific requirements for new construction and alterations in places of public accommodation and commercial facilities are contained in subpart D of the regulations (Section 36.401 to 36.406, pages 35599 to 35602 and Appendix A (pages 35605 to 35690).

For technical assistance with respect to the ADA Accessibility Guidelines, contact the Architectural and Transportation Barriers Compliance Board at 1-800-USA-ABLE (1-800-872-2253) (Voice/TDD) or 202-272-5434 (Voice), 202-272-5449 (TDD).

Appendix B Vocational Rehabilitation Services

What Is Vocational Rehabilitation?

The objective of Vocational Rehabilitation is to empower individuals with disabilities and to prepare them for work. The disability might have been present since birth or it might have resulted from injury, thereby constituting a mental, physical or emotional limitation that presents a barrier to employment.

Public and private agencies provide vocational rehabilitation. Public providers offer services to all persons meeting their criteria for eligibility. Often, but not always, public rehabilitation agencies serve people who are disabled or become disabled in situations other than on the job.

For-profit rehabilitation companies work largely with workers compensation claimants who have incurred on-the-job injuries. Their fees are primarily paid by insurance carriers, and demand for their services springs from employers' needs for quick rehabilitation that can return a worker to a job as nearly equal as possible to the one held before.

Individuals who become disabled as a result of military service or during military service are most often provided rehabilitation services through the U.S. Department of Veterans Affairs.

A good relationship with a rehabilitation service will not only help you retain skilled employees by getting them back to work but can also assist you in handling employee problems related to stress or addiction.

Services

Services are provided by each state through its Department of Vocational Rehabilitation, or by the Division, Commission or Department of Rehabilitation Services for those with visual impairments. These agencies are funded by the federal and state governments. In addition, the U.S. Department of Veterans Affairs (DVA) offers rehabilitation services at its regional office sites across the country.

The State Vocational Rehabilitation agency accepts referrals from any source, including self-referrals, and provides services to individuals with disabilities who are not prepared for the workplace because of the disability. Vocational rehabilitation may also arrange sheltered or supported employment for individuals unable to work competitively.

Hospitals and other agencies such as Goodwill, Jewish Vocational Services, Easter Seal Society, and United Cerebral Palsy provide rehabilitation services supported by public and private funds.

The State Department of Rehabilitation, the State Division of Services to the Blind and other public agencies (DVA) can often offer employers partial reimbursement for initial training and employment opportunities made available to clients they sponsor.

Process

Assessing the individual's aptitudes, abilities and attitudes is the first step in vocational rehabilitation. The process includes medical, psychological and vocational testing. The assessment provides the information needed to set up a rehabilitation plan, which might include physical, occupational, speech or hearing therapy. Some disabilities might require physical aids such as a hearing aid or artificial limb. Remedial math or reading courses might be part of the plan, too.

Skills training required to perform targeted jobs also is provided. It involves classroom instruction, individual tutoring, and simulated work. Job-seeking skills, such as interviewing and resume preparation, are included. Finally, after a client is placed, most vocational rehabilitation services do follow-up to insure the job match is successful.

Employers constantly say they have trouble finding qualified people eager to work. The services provided by Vocational Rehabilitation and the other public agency programs indicated above are free to you and those who may be referred to you. You are under no obligation to hire any applicant referred to you. We think it is just good sense to tap this underutilized resource to meet your needs and to become familiar with the programs offered.

A person is eligible for State Vocational Rehabilitation services if:

1. There is a presence of a mental or physical disability. The presence of the disability presents a substantial vocational handicap.
2. There is a reasonable expectation that the provision of services will render employability.

If you have specific questions or desire more information, consult your telephone directory for your State Vocational Rehabilitation Agency and for the U.S. Department of Veterans Affairs Office of Vocational Rehabilitation.

Appendix C Additional Resources

In addition to contacting your area's Vocational Rehabilitation office (See Appendix B.) check with your State's Governor's Committee on Employment of People with Disabilities, or:

President's Committee on Employment of People with Disabilities 1331 F Street, NW Ste. 300
Washington, DC 20004-1107
202-376-6200 (Voice)
202-376-6205 (TDD)
202-376-6219 (Fax)

Additional community resources are:

• Department of Veterans Affairs
• Local Vocational, Technical & General High Schools
• Special Education schools and programs
• National organizations, or their local affiliates, such as:
  • Disabled American Veterans
  • Epilepsy Foundation
  • National Association for Retarded Citizens
  • Easter Seal Society
  • Goodwill Industries
  • United Cerebral Palsy
  • Multiple Sclerosis Society
  • Arthritis Foundation
• Projects with Industry
• Labor Unions
• State Developmental Disabilities Councils
• Disabilities & Aging Information and Referral Services
• Rehabilitation/Sheltered Workshops
• Independent Living Centers
• State Employment Service Centers
• Private Industry Councils
• ADA Disability and Business Technical Assistance Centers

Many of these agencies are listed in your telephone directories.

For information on employment requirements of the ADA, contact:

The Equal Employment Opportunity Commission 1801 L Street,
NW Washington, DC 20507
1-800-669-4000 (Voice)
1-800-800-3302 (TDD)

Appendix D Job Analysis Form

Reprinted with permission from the Job Development Bank and Enhanced Productivity for Severely Disabled Persons, K. Mallik and S. Yuspeh, 1979, G. Washington University Rehabilitation Research and Training Center, Washington, D.C. Grant #G008300123, NIDRR, Department of Education

Appendix E Review of Other Laws

Sections 501, 503, and 504 of the Rehabilitation Act of 1973, as amended

The Rehabilitation Act of 1973 contained the first federal requirements for removing discriminatory barriers to employment for people with disabilities. This Act has served as a basis for the ADA and for nondiscrimination laws at state and local levels.

• Section 501 of the Act requires each federal agency to take affirmative action in the hiring and advancement of qualified people with disabilities. It is enforced under regulations of the Equal Employment Opportunity Commission.
• Section 503 of the Act requires employers with federal contracts or subcontracts over $10,000 to take affirmative action for the employment of people with disabilities. It is enforced under regulations issued by the Office of Federal Contract Compliance Programs of the U.S. Department of Labor (OFCCP).
• Section 504 of the Act prohibits discrimination against people with disabilities by employers and organizations receiving federal financial assistance (e.g., state and local governments, schools, hospitals, etc.). It is enforced under regulations issued by each federal agency that provides financial assistance, under coordination of the U.S. Department of Justice.

The regulations implementing these three sections of the Rehabilitation Act, and in particular the regulations implementing the nondiscrimination requirements of Section 504, have served as the model for the requirements of the Americans with Disabilities Act. The definition of individuals with disabilities who are protected and actions to assure nondiscrimination are similar. Accordingly, employers covered by the Rehabilitation Act will not have substantially new requirements under the ADA. The ADA directs the federal agencies who are responsible for interpretation and enforcement of the ADA and the Rehabilitation Act to coordinate their activities, to assure that employers covered by both statutes will have consistent requirements, and to avoid duplication in enforcement activities.

State and Local Fair Employment Statutes

Most states and many localities have statutes making it illegal to discriminate against a person because of a disability, whether it be in employment or in public and private services. Some states have statutes specifically addressing discrimination against people who are physically and mentally disabled, while other states include discrimination against people with disabilities in a broader Human Rights Act which includes protection for other groups based on race, color, religion, sex, national origin, age, marital status, etc. The common purpose of all state statutes is stating, as a public policy, that people with disabilities should be given the same opportunity and be treated under the same conditions and privileges as people who are not disabled.

Some states are revising their laws to be consistent with provisions of the Americans with Disabilities Act. However, many states will continue to have different provisions. For example, they may cover employers with fewer employees, or provide different remedies. The ADA does not preempt state and local laws that prohibit discrimination against people with disabilities. Where the ADA provides greater protection for such persons, its provisions will apply, but where a state or local law provides greater protection, the provisions of that law will apply.

Therefore, it is important to be familiar with state and local nondiscrimination laws that apply to your business as well as to know the requirements of the ADA.

The Architectural Barriers Act

Enacted in 1968, this law requires buildings and facilities designed, built, or altered with certain federal funds or leased for occupancy by federal agencies to be accessible to persons with disabilities. As a result, Uniform Federal Accessibility Standards have been developed which present uniform standards for the design, construction, and alteration of buildings. Even though these standards apply to federally supported facilities, states have either adopted them or developed their own, and have included them in their respective Fair Employment Practice statutes and/or building codes. When a change to the physical layout of a facility is indicated or new construction is warranted, do not overlook the accessibility requirements under the federal or state statutes.

Employer Incentives

Disabled Access Credit (DAC), (Section 44 Internal Revenue Code) P.L. 101-508, The Omnibus Budget Reconciliation Act of 1990, (OBRA '90), contains a new tax incentive to encourage small businesses to comply with the Americans with Disabilities Act.

DAC is available to an "eligible small business" and is equal to 50% of the "eligible access expenditures" which do exceed $250.00, but do not exceed $10,250, for a maximum credit of $5,000 a year.

The Credit became effective on November 5, 1990, and applies to expenditures paid or incurred after that date. It is included as part of the General Business Credit and is subject to the rules of current law which limit the amount of General Business Credit that can be used for any taxable year.

DAC can be carried forward up to 15 years and back for three years, but not back to a taxable year prior to the date of enactment.

An "eligible small business" is "any person" whose gross receipts did not exceed $1,000,000 for the preceding taxable year, or who employed not more than 30 full-time employees during the preceding year. A full-time employee is defined as one who is employed at least 30 hours per week for 20 or more calendar weeks in the taxable year.

In general, all members of a controlled group of corporations will be treated as one person for purposes of credit eligibility, and the dollar limitation among the members of any group will be apportioned by regulation.

In the case of a partnership, the expenditure limitation requirements will apply to the partnership and to each partner. Similar rules will apply to S corporations and their shareholders.

"Eligible access expenditures" are defined as "amounts paid or incurred by an eligible small business for the purpose of enabling small businesses to comply with applicable requirements" of the ADA.

Included are expenditures for:

1. removing architectural, communication, physical or transportation barriers which prevent a business from being accessible to, or usable by, individuals with disabilities;
2. providing qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;
3. providing qualified readers, taped texts, and other effective methods of making visually delivered materials available to individuals with visual impairments;
4. acquiring or modifying equipment or devices for individuals with disabilities;
5. providing other similar services, modifications, materials or equipment.

All expenditures must be "reasonable" and must meet the standards promulgated by the Internal Revenue Service with the concurrence of the Architectural and Transportation Barriers Compliance Board.

Expenses incurred for new constructions are not eligible.

For the purposes of DAC, disability is defined exactly as in the Americans with Disabilities Act of 1990.

An eligible small business under Section 44 may deduct the difference between the disabled access credit claimed and the disabled access expenditures incurred, up to $15,000, under Section 190 provided such expenditures are eligible for the Section 190 deduction.

The Disabled Access Credit is found in Section 11611 of OBRA '90, which establishes Section 44 of the Internal Revenue Code of 1986.

The Architectural and Transportation Barrier Removal Deduction (Section 190 Internal Revenue Code) In 1986, Congress amended Section 190 of the Tax Reform Act to extend permanently the annual $35,000 tax deduction for the removal of architectural and transportation barriers. P.L. 101-508, the Omnibus Budget Reconciliation Act of 1990, amended Section 190 and REDUCED the deduction from $35,000 to $15,000, effective for tax years after 1990.

Under Section 190, businesses may choose to deduct up to $15,000 for making a facility or public transportation vehicle, owned or leased for use in the business, more accessible to and usable by individuals with disabilities. A facility is all or any part of a building, structure, equipment, road, walk, parking lot, or similar property. A public transportation vehicle is a vehicle, such as a bus or railroad car, that provides transportation service to the public, or to customers.

The deduction may not be used for expenses incurred for new construction, or for a complete renovation of a facility or public transportation vehicle, or for the normal replacement of depreciable property.

In the case of a partnership, the $15,000 limit applies to the partnership and to each partner.

Amounts in excess of of the $15,000 maximum annual deduction can be added to the basis of the property subject to depreciation.

In order for expenses to be deductible, accessibility standards established under the Section 190 Regulations must be met.

For additional information on the Disabled Access Credit or Section 190, contact a local Internal Revenue Service office or:

Office of Chief Counsel Internal Revenue Service
1111 Constitution Avenue, NW
Washington, DC 20224
202-622-3110

It should be recognized that the laws and regulations pertaining to people with disabilities were developed because society believed this segment of our population was being excluded from the mainstream of opportunity.

Understanding the requirements imposed by the federal and state mandates should be part of the normal course of business, incorporating the appropriate provisions within your normal business practices.

This review is intended to provide a basic understanding of the primary laws covering the employment of persons with disabilities. It is not all-encompassing.

For more details, please refer to:

• the President's Committee on Employment of People with Disabilities;
• the Equal Employment Opportunity Commission for information on the Americans with Disabilities Act employment requirements;
• the Office of Federal Contract Compliance Programs of the U.S. Department of Labor, for information on Section 503 affirmative action requirements;
• the Civil Rights Division of the U.S. Department of Justice, for information on Americans with Disabilities Act accessibility requirements for public accommodations and for alterations or new construction by commercial facilities, and Section 504 requirements;
• the Governor's Committee on employment of people with disabilities for your state; and
• the Human Rights Commission of your state.

These agencies are available to assist you in helping to understand what your obligations are under the respective federal and state regulations and laws. These organizations are listed in most major metropolitan telephone directories.

Appendix F Developing an Affirmative Action Program

If you are an employer who has a federal contract or subcontract of $10,000 or more, you have affirmative action obligations, under Section 503 of the Rehabilitation Act, to employ and advance people with disabilities. If you have a contract or subcontract of $50,000 or more and employ 50 or more persons, you have an obligation to develop and maintain a written affirmative action program, and to disseminate that program inside and outside your organization, in accordance with regulations of the Office of Federal Contract Compliance Programs of the U.S. Department of Labor. If you have a contract of $10,000 or more, you are also obligated to take affirmative action in employing disabled and Vietnam Era veterans, under the Vietnam Era Veterans Readjustment Act.

Employers with a contract or subcontract of $50,000 or more who employ 50 or more employees also are required, by Executive Order 11246, to have a written affirmative action plan for the employment and advancement of minorities and women. Some employers who are federal contractors combine their affirmative action plan under all of these statutes.

In developing an affirmative action program, it is essential to approach the task from a positive point of view. Disabilities come in various forms, some noticeable and some not. Tapping this resource through prescribed affirmative action initiatives could very well result in identifying and capturing the much-needed human resources required to survive in the competitive marketplace.

If a written plan is required, seven specific areas need to be identified and presented.

AN AFFIRMATIVE ACTION POLICY STATEMENT

This needs to be published and distributed. It's important that all employees have an opportunity to understand what the policy statement means to the company and individually.

The policy should clearly state the company's nondiscriminatory position as it pertains to people with disabilities; and mention in the course of doing business that affirmative action will be taken to employ, and advance in employment, qualified individuals with disabilities at all levels within the organization.

INTERNAL DISSEMINATION OF THE POLICY

This section should address the posting of the policy on company bulletin boards, discussing the policy during new employee orientation briefings, featuring employees with disabilities in employee handbooks and company newspapers, informing union officials and management of the company's policy and commitment, publishing the policy in company procedure manuals and emphasizing affirmative action efforts that are endorsed by top management.

EXTERNAL DISSEMINATION OF THE POLICY

This section should include the stated commitment to identifying resources within the community from which qualified individuals with disabilities can be recruited. This includes notifying schools, state employment service agencies and rehabilitation service groups of opportunities within the company.

OUTREACH AND POSITIVE UTILIZATION EFFORTS

An affirmative action program is not restricted to employment alone. Reference should be made to demonstrated commitments to community-based organizations responsible to individuals with disabilities. This includes supporting programs by funding and/or providing in-kind services to rehabilitation and betterment programs which enhance the quality of life of people with disabilities; and, in many cases, prepares the person with a disability for competitive employment.

REVIEW OF INTERNAL PROCEDURES

This section of the affirmative action plan should indicate what steps are taken to assure all company policies and procedures include the commitment to affirmative action. Of equal importance is the assurance that no policy or procedure discriminates against an individual because of a disability.

IMPLEMENTATION, DEVELOPMENT AND EXECUTION

This section should highlight, and to some degree, recap the initiatives taken to prepare, monitor, and carry out the affirmative action plan. Some points worth noting would be policy and procedure review, educational assistance programs, accommodations made, and personnel support of community-based initiatives.

COMPLAINT PROCEDURE

This section should explain the internal complaint procedure in place for individuals to voice their concerns and who feel they have been inappropriately treated because of a disability. The complaint procedure should be viewed as an honest forum with confidentiality incorporated.

An affirmative action plan should be viewed as a dynamic document, reflecting the attitude and behavior of your company in the way it fosters opportunities for qualified people with disabilities. Recognizing each company and organization is different, the first step toward developing an affirmative action program is understanding Section 503 of the Rehabilitation Act and the appropriate regulations. Take the time to review these laws. It will be time well spent and will assure an appropriate understanding of what needs to be done.

Hypertext formatting performed by DJ Hendricks of the Job Accomodation Network
Page last updated on March 20, 1997 by Mary Kaye Rubin