America's Job Exchange (AJE) hosted a webinar in August to discuss provisions of the Americans with Disabilities Act (ADA). A hallmark of the ADA is the provision of reasonable accommodation to ensure equality in the workplace. This webinar will discuss what is reasonable accommodation. How is disclosure of disability handled? What are my responsibilities when someone discloses? Many employers consider the ADA too "mysterious" to understand. This session will "de-mystify" the ADA by providing practical information on ADA rights and responsibilities. This webinar will covered: -Reasonable accommodations as they relate to essential job functions -Employer obligations when someone discloses a disability -What protections do I have as an employer under ADA

1. The Accommodation Conversation
Strategies for Effective
ADA Reasonable Accommodation Dialogue
Barry Whaley
Employment Outreach Coordinator,
Southeast ADA Center
Gary Cowan
Director of Compliance,
America's Job Exchange

2. Presenter
• Barry Whaley is the Employer Outreach Coordinator for the
Southeast ADA Center based in Atlanta, GA. He provides training
and guidance on ADA Title I for employers throughout the
southeast United States.
• The Southeast ADA Center is a project of the Burton Blatt
Institute at Syracuse University. The mission of the Southeast
ADA Center is to facilitate voluntary compliance with the
Americans with Disabilities Act (ADA) and the Americans with
Disabilities Act as Amended (ADAAA)
• Our mission is to eliminate barriers to employment and
economic self-sufficiency and to increase the civic and social
participation of Americans with disabilities

3. Information, materials, and/or technical assistance are intended solely as
informal guidance, and are neither a determination of your legal rights or
responsibilities under the ADA, nor binding on any agency with enforcement
responsibility under the ADA.
ADA Center is funded by the National Institute on Disability, Independent
Living, and Rehabilitation Research (NIDILRR)
Disclaimer

4. Americans with Disabilities Act (ADA) Overview
The Americans with Disabilities Act
is the landmark civil rights law
that guarantees equal treatment for people
with all disabilities or have an association or
relationship with someone who has a disability.
Passed 1990
Amended 2008

5. Americans with Disabilities Act (ADA) Overview
Title I Employment Protections
Title II Public Entities and Transportation (State and Local Governments)
Title III Public Accommodation and Commercial Facilities (Private Business)
Title IV Telecommunications
Title V Technical Provisions

6. ADA Title I
Employers cannot discriminate against people who have disabilities in regard
to any employment practices or terms, conditions, or privileges of
employment.
This prohibition convers all aspects of the employment process.

7. ADA Title I
 An employer cannot discriminate against qualified applicants and
employees on the basis of disability.
 A qualified applicant is an individual who meets the skill, experience,
education, and other job-related requirements of a position held or
desired, and who, with or without reasonable accommodation, can
perform the essential functions of a job.

8. Essential Job Functions
 The reason the job exists is to perform that function.
Example: An essential function of a pilot is to fly planes.
 Only a few employees can perform the function.
 The function is so highly specialized that the employer hires people into
the position specifically because of their expertise in performing that
function.

9. Qualification Standards
Should an employer screen out individuals or classes of individuals
they must demonstrate:
 The screening must be related to the position in question;
 Is consistent with business necessity.

10. Reasonable Accommodation
 Reasonable accommodation is a critical component of the ADA.
 Reasonable accommodation is any change in the work environment
or how things are usually done that results in equal employment
opportunity for an individual with a disability.
 An employer must make a reasonable accommodation to the known
physical or mental limitations of a person with a disability unless you
can show that the accommodation would cause an undue hardship
on the operation of the business.

11. Reasonable Accommodation
 The presence of a disability does not result in a presumptive reasonable
accommodation.
 The employee has a responsibility is to disclose a need for an
accommodation.
 Reasonable accommodations are time-limited.
 Employers may ask for reasonable documentation of a continuing
disability.

12. Disclosure vs. Self-Identification
Self-identification
Invitation from an employer to voluntarily, and anonymously, “check a
box” that indicates that the individual has a disability; typically used for
data collection purposes or Section 503 utilization goals.
Disclosure
The employee voluntarily shares information about a disability. Disclosure
is protected under ADA

13. Disclosure
Disclosure is not required under the ADA.
 One exception – requesting reasonable accommodations.
Disclosure can occur at any time during the employment
relationship.
The ADA prohibits an employer from retaliating against an
applicant or employee for asserting his/her rights under the
ADA.

14. The Art of Disclosure
Good disclosure:
 Is positive
 Focuses on needs
 Provides suggestions for reasonable accommodations
 Is specific rather than general (how my disability affects my ability to
perform essential job functions)

15. The Art of Disclosure
Good disclosure:
 Focuses on job qualifications, not the disability
 Avoids medical terms and labels
 Discusses work barriers, not diagnoses
 Focuses on the “here and now,” not past negative experiences

16. Disability Inquiry
A question or series of questions likely to solicit information about a
person’s disability or related medical condition
A disability inquiry must be:
 Job related
 Consistent with Business Necessity

17. Phases of the Employment Process
and Disability Inquiries
Employment Phase Disability Inquiry
Pre-Employment
Before an offer of employment is made
No disability inquiries are allowed
Pre-Employment
After an offer of employment is made
Disability inquiries are allowed only if the same
inquiry is made of all candidates for the job category
Employment
A disability inquiry can only be made if it is job
related and of a business necessity

18. What Can Employers Ask in Disability Inquiry?
Questions about:
 A person’s general well-being
 A non disability-related impairment
 Whether a person can perform the job functions (Essential Functions)
 Whether a person has been drinking
 Current illegal use of drugs
 Pregnancy info like due date and well-being
 Emergency contact information

19. What Employers Can Not Ask in
Disability Inquiry
Questions about:
 Whether a person currently has or has ever had a disability
 Medical documentation of a condition
 Genetic information
 Prior workers’ compensation history
 Current or past prescription medication usage

20. Requesting Accommodation
There is no standard in the ADA for asking for accommodation.
 Requests can be made:
 Verbally
 Written
 E-mail
 Someone else can make the request on an employee’s behalf

21. Employer Responsibilities
Recognize a request for accommodation has been made
Begin an interactive process with the employee
Confirm the existence of a disability
Determine the essential functions and marginal functions of the job
Investigate potential accommodation solutions
Implement the accommodation
Document the accommodation

22. Employer Rights
Employers are not required to honor requests that:
 Create an undue hardship for the business
 If the modifications are extensive, disruptive, too costly, or
fundamentally changes the essential function of the job
 Is dangerous or illegal

23. Direct Threat
An employer may refuse to hire someone or fire someone if:
 There is significant risk of substantial harm to the health or safety of
that employee or others;
 The risk cannot be eliminated or reduced by a reasonable
accommodation.

24. Direct Threat
Four Factors in Assessing Direct Threat:
Duration of
the risk
Nature and
severity of the
potential harm
How likely it is
that the potential
harm will occur
How imminent
the potential
harm is

25. ADA National Network
Ten regional centers funded by the
Administration on Community Living,
NIDILRR
The ADA National Network provides
information, guidance and training on the
Americans with Disabilities Act (ADA),
tailored to meet the needs of business,
government and individuals at local, regional
and national levels.
Contact information
 Toll free hot line - 800-949-4232 (voice/TTY)
 Web site - www.adata.org

26. Questions for Barry?

27. America’s Job Exchange has been a pioneer in online recruitment and compliance
from the very beginning, having evolved from America’s Job Bank which was
founded by the Department of Labor in 1995. We keep true to the original mission
of America’s Job Bank assisting Federal Contractors meet OFCCP regulations for
online job postings and distribution.
OUR MISSION
We believe that a diverse workforce is beneficial to every company and its
employees. Our mission is to provide the best tools, resources and
information to connect employers and diverse job seekers
About America’s Job Exchange

28. Why AJE?
 Complete Solution
Receive unparalleled value when you bundle our products and services
for recruitment advertising and compliance.
 Competitive Pricing
The AJE solution is customizable and priced based on your business
needs with variables such as size, hiring forecast and budget.
 Breadth of Distribution Network
Broad network of partners and affiliates including recruitment media
agencies, technology providers, associations and states.
 Tools and Support
AJE’s tools allow you to stay on top of your outreach efforts and our team
is here to support you every step of the way.
REPUTATION
TRACK RECORD
CLIENTELE

29. Our Webinars Have Gone Monthly
 It is the responsibility of Federal Contractors and
Subcontractors to have a current and compliant AAP
– and the supporting documentation to prove it.
OFCCP Audits – 5 Reasons They Fail
Grace M. Conti
Director, Affirmative Action Compliance
Portnoy, Messinger, Pearl & Associates
Presenter  Tune into our next webinar to find out how
Compliance Reviews are selected and what’s
at risk because of Non-Compliance.
September 20, 2016 1:00-2:00pm ET

30. Barry Whaley
Employer Outreach Coordinator
Southeast ADA Center
A Project of Burton Blatt Institute at Syracuse University
ADAsoutheast@law.syr.edu
Funded by the National Institute on Disability,
Independent Living, and Rehabilitation Research
(NIDILRR) - Grant #90DP0019-01-00
Contact Information

31. Gary Cowan
Director of Compliance, America's Job Exchange
gcowan@americasjobexchange.com
(o) 978-946-7928
(c) 617-997-6477
www.americasjobexchange.com
Contact Information

32. Web – www.americasjobexchange.com
Facebook – www.facebook.com/AmericasJobExchange
LinkedIn – www.linkedin.com/company/230717
Twitter – www.twitter.com/ajejobs
Thank You!

33. Final Questions?