Lynne D' Hagan

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"How the ADA Applies to a Career Search!"

• Lynne D. Hagan
• disAbled Student Support Services
• Kennesaw State University

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ADA Quick Quiz

• How knowledgeable are you of your employment and
  accommodation rights under The Americans with
  Disabilities Act
• (ADA)?

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True or False?

• If an employer requests information about an
  applicants disability, the applicant must answer
  questions of this nature.
• False. An applicant does not have to discuss
  his/her disability except as it relates to
  his/her ability to perform job-related functions.

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True or False?

• A medical exam can be required of an applicant
  before an offer is made.
• False. A medical exam can be required only after
  a job offer has been extended and as long as the
  exam is required of all entering employees in
  similar jobs.

5
True or False?

• An employer may give a test to an applicant.
• True. But only if the test is given to all
  applicants, and the test must measure job
  functions only.

6
True or False?

• Legally, an employer cannot ask an applicant
  about the need for a job accommodation until
  after offering the applicant a job.
• True.

7
True or False?

• A company must comply with an accommodation
  request by a qualified individual with a
  disability.
• False. While an employer is expected to make
  reasonable accommodations, an employer does not
  have to comply with a requested accommodation if
  the accommodation poses an undue hardship.

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What is a disability?

• Under the ADA, a disability is a physical or
  mental impairment that substantially limits one
  or more major life activities such as walking,
  seeing, hearing, speaking, learning or working.

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What constitutes qualified?

• A qualified individual is a person who can
  perform the essential functions of a job with or
  without a reasonable accommodation and meet the
  employers objective requirements for the job
  (such as major, technical skills, GPA).

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What is a reasonable accommodation?

• Reasonable accommodation is a legal term and is
  defined as any modification or adjustment to a
  job, the work environment or the way that things
  are usually done that enables a qualified
  individual with a disability to enjoy an equal
  employment opportunity.
• (U.S. Equal Employment Opportunity Commission,
  1992)

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Employment provisions of ADA

• ADA prohibits employees and employment agencies
  from discriminating against qualified individuals
  with disabilities in job application procedures,
  hiring, promotions, dismissals, compensation, and
  job training.
• An employer must make reasonable accommodations
  in the recruitment process or to the job itself
  for a qualified individual with a disability.

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Employment provisions of ADA (continued)

• Employers are prohibited from asking
  disability-related questions on application forms
  or at job interviews.
• ADA requires the applicant or employee to
  disclose his/her disability before becoming
  eligible for reasonable accommodations.

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Employment provisions of ADA (continued)

• Employers and employees must work together in
  identifying and implementing accommodations.
• ADA provides specific legal remedies for persons
  who have been discriminated against.

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Self Advocacy for Job Seekers

• Make an informed decision about if, when and how
  you will self disclose
• Put the interviewer at ease
• Be patient with improper disability etiquette
• Try to deal with illegal or inappropriate
  questions in a positive manner
• If appropriate, answer any unasked questions
  about your ability to do the job

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Critical questions about disability disclosure

• 1. Should you disclose your disability to a
• potential employer?
• 2. If so, when?
• 3. How do you disclose your disability?

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Self DisclosureWhat are your benefits?

• To help others understand your disability
• To get the right help for your needs
• To gain acceptance
• To break down barriers
• To succeed in the career you want

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1. Should you tell a prospective employer about
your disability?

• ANSWER Yes, no, maybe, sometimes
• It is important to make an individual decision
  about disclosure for each job lead you pursue,
  based on the nature of the disability and what
  you know about the employer.

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2. The timing of disclosure

• Timing can have tremendous effects on the success
  of your job search.
• As you evaluate each approach to disclosure for
  each job lead, ask yourself
• Does disclosure of my disability at this time
  support my objective of getting hired?

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Disclosure options -- when should I reveal my
disability?

• Third-party referral
• Resume
• Cover letter
• Application
• Employer call for an interview
• Interview
• After job offer
• Never

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3. How should I disclose my disability?

• Make an affirmative statement that avoids
  presenting your disability as a problem.
• Avoid speaking in general terms (I have a spinal
  cord injury), rather, describe specific
  functional limitations (such as unable to stand
  or unable to climb stairs).
• Remember, only consider functional limitations
  that effect the essential duties of the position.

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When to Self Disclose

• When you have reached your comfort level
• When you know you will be at a disadvantage in
  work related situations
• When you must assert your rights

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How to Self Disclose

• Find your comfort level
• Focus on your strengths
• Be a good listener
• Be brief and stick to the facts
• Be prepared for disbelief

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Sample terms to help identifyfunctional
limitations

• grasping
• bending
• lifting
• kneeling
• stair climbing
• stamina
• standing
• thinking
• writing

• reading
• spelling
• memory, short-term
• memory, long-term
• oral communication
• concentration
• attention span
• hearing, partial loss
• hearing, total loss

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Guidelines for communicating your accommodation
needs

• Discuss your disability only in terms of the
  limitations it presents.
• Emphasize how reasonable accommodations will make
  you a more productive employee.
• Use collaborative language (e.g., Together we
  could, It makes sense for both of us to),
  rather than adversarial or accusatory terms
  (e.g., the law says you have to, You cant
  discriminate against me).

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Guidelines for communicating your accommodation
needs (continued)

• With the employer, generate specific
  accommodations that meet each of your identified
  needs. Share your ideas about resources that
  might facilitate the accommodation process.
• Remember that many accommodations cost nothing or
  very little to implement.

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Guidelines for communicating your accommodation
needs (continued)

• The ADA requires that accommodations be
  reasonable, but that does not mean that your
  accommodations must be the most beneficial to
  you. Your employer has the final decision as to
  which accommodation(s) will be provided, but
  his/her final decision is subject to appeal.

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Types of accommodations in the workplace

• Acquired or modified equipment or devices
• Modified work schedules
• Adjustment or modification or exams, training
  materials, or policies
• Availability of qualified readers or interpreters

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Types of accommodations in the workplace
(continued)

• Restructuring of existing facilities
• Restructuring of the job
• Reassignment to a vacant position
• Additional self-arranged accommodations

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Examples of accommodations made by employers

• A flexible work schedule for an employee with a
  back injury
• An enhanced personal computer that produces
  visual cues to replace sounds for a deaf
  individual
• Flexibility for unique organizational methods for
  an employee with a learning disability

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The accommodation process

• Make your request in writing.
• Have medical records to document the nature or
  extent of your disability.
• Know what you need and what it will cost.
• Keep copies of all requests and responses on file.

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Additional suggestions

• Focus on your personal assets rather than
  limitations.
• Seek out mentors, with or without disabilities,
  in your field of interest.
• Build a network of contacts to assist you with
  referrals and recommendations.
• Be aware that many employers do not know very
  much about accommodations. Learn about the job
  and the work site so you will be better able to
  discuss job accommodations.

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References

• Information provided in this presentation was
  compiled from a variety of resources including
  Job Strategies for People with Disabilities by
  Melanie Astaire Witt and Successful Job Search
  Strategies for the Disabled Understanding the
  ADA by Jeffery G. Allen.