I created this ADA Powerpoint to employers on diversity training and compliance. For questions please feel free to contact me at 562-413-0699.

1. Workplace Diversity:Valuing
Differences and the Role of the
Americans with Disabilities Act
Dr. Sue ElHessen
ADA Consultant
May 2, 2002

2. ADA Title I
Employers must ensure that employment
practices do not discriminate against qualified
persons with disabilities in the:
 Application process
 Recruitment processes
 Hiring and advancement opportunities
 Training
 Compensation
 Discharge of an employee

3. ADA Definition of Disability
An Individual with a disability is someone
who……….
 Has a physical or mental impairment
that substantially limits one or more
major life activities
 Has record of such an impairment, or
 Is regarded as having such an
impairment

4. How to Determine If An Individual Is
Qualified:
 The Equal Employment Opportunity
Commission (EEOC) has stated that
determining whether an individual with a
disability is “qualified”:
 Is made at the time of the employment
decision
 Is based upon the ability to perform the
essential job functions (with or without
accommodations)

5. How to Determine If An Individual Is
Qualified: continued…
 Cannot be based on concerns that the employee may
become unable to perform essential job functions in
the future or might cause increased health insurance
or worker’s compensation premium
 Cannot be based upon stereotypes or speculation
about the person’s disability; and
 Must be made based upon valid medical evidence
and on an individualized determination of whether a
particular candidate is qualified to perform a
particular job.

6. Looking for Work
More than 70% of the non-working adults with
disabilities who were studied encountered
difficulties. The most frequently cited reasons for
being discouraged from looking for work were:
 No appropriate jobs available-52%
 Family responsibilities-34%
 Lack of transportation-29%
 No appropriate information about jobs-23%
 Inadequate training-21.6%
 Fear of losing health insurance or Medicaid
20.1%
 Discouraged from working by family and friends-14%

7. Identifying Barriers to Employment
Barriers Private Sector % Public Sector %
Lack of related
experience
49 53
Lack of required
skills/training
39 45
Supervisor
knowledge of
accommodation
31 34
Attitudes/
stereotypes
22 43
$ Accommodations 16 19
$ Supervision 12 10
$ Training 9 11

8. Accessibility
Entry into the office:
 Accessible parking
 Entrance to building
 Elevator
 Entrance to office
Services outside the office:
 Meetings
 Group Sessions
 Job fairs
Accommodations:
 Equipment
 Worksite Modifications
 Training material
 Testing
Public relations materials:
 Include mention of policies
affecting accessibility.

9. Four Steps to a
Reasonable Accommodation
Step 1. Identify barrier(s) to equal
opportunity.
Step 2. Identify possible accommodations.
Step 3. Access “reasonableness” i.e.,
its effectiveness and equal
opportunity.
Step 4. Implement most appropriate
accommodation (keeping in mind
undue hardship)

10. Guiding Principles for
Providing Accommodations
 Do not stigmatize or disempower the individual
 Recognize strengths & contributions to the
organization, respect the individual, & exhibit
willingness to joint problem solve.
 Involve the individual in all decisions: Update
periodically.
 Accommodations should be voluntary.
 Provide an environment where disabilities &
accommodations are accepted, disclosure is not
punished, & an individual’s confidentiality is
respected.

11. What Employers Are Doing In Making
Accommodations
Accommodation
Private Sector
Percent
Public Sector
Percent
Made facilities
accessible
82 93
Had flexible human
resource policy
79 87
Restructured
jobs/work hours
69 86
Made
transportation
accommodations
67 69
Provided written
job instructions
64 93

12. Employers Making Accommodations
continued….
Accommodation
Private Sector
Percent
Public Sector
Percent
Modified work
environment
62 93
Modified equipment 59 90
Made reassignment to
vacant position
46 58
Provided readers and
interpreters
36 79
Changed supervisory
methods
35 55
Modified training
material
31 49

13. Sources of Accommodations
 Contacts for interpreter services
 Contacts for reader services
 Firms that perform complex
equipment modifications
 Public agencies that provide
technical assistance
 Community organizations that serve
people with disabilities

14. Exceptions to Accommodations
Undue Hardship -is action resulting in significant
difficulty or expense, after considering certain
factors such as the:
 Nature and cost of the accommodation needed
 Impact of the accommodation upon facility
operation
 Overall financial resources of the facility
 Overall size of the business
 Type of operations including the composition,
structure and function of the workplace

15. Working with Persons
with Disabilities
TWO IMPORTANT ISSUES
1. ATTITUDES, FEARS AND ETIQUETTE
Attitudes cannot be legislated; no civil
rights law can tell persons what to think and
feel.
While attitudes cannot be controlled by
legislation, behavior can be.
2. SEEING PAST THE DISABILITY

16. Etiquette and Protocol
 USE COMMOM SENSE
 Do not be patronizing
 Be considerate and patient
 Do not put unnecessary pressure on yourself to know and do
everything “right”
 Do not be afraid to offer assistance
 Communicate with the person, not his or her interpreter,
companion or assistant
 Respect the person’s privacy
 Be aware of the language that you use in relation to people
with disabilities
 Learn what you can about the proper etiquette and protocol
for relating to persons with specific disabilities

17. Guidelines to Determine Essential
Functions
 The job’s purpose
 The number of staff who can perform a
function
 Special skills required to perform a
function

18. ESSENTIAL FUNCTION BENEFITS
 Objective standards for determining
qualifications for positions.
 Clarification of the nature of the job by the
placement person, resulting in higher quality
referrals.
 Objective hiring decisions and definable
reasons for not selecting an applicant.
 To prepare and focus the client for the
interview and the subsequent placement
professional’s contact with the employer

19. Job Analysis
 Look at all the individual components of a job.
 Make a list of the tasks necessary to perform to
perform the job.
 Separate the essential and marginal job
functions.
 Describe the actual steps required to complete
the task.
 Note the frequency of each step.
 Describe the set-up of the work environment.
 Identify obstacles within the job or work
environment.

20. Handling the Application
 Your company’s regular procedures should be
consistent with the ADA
 Note: The ADA prohibits any pre-employment
inquires about disability
 Have applications on hand in alternative formats
such as large print on computer disks
 If the applicant’s disability prevents them from
filling out an application:
 offer assistance in filling out the application; or allow
them to take it home, stating a specific time to return

21. Testing the Applicant
 ADA has requirements for testing; includes obligation to
provide reasonable accommodations
 Assures tests reflect an individual’s ability to do a job,
rather than the effect of a disability
 Mandates testing in ways that do not require use of the
impaired skill, unless the test is designed to measure
that skill
 Job applicant is responsible to request an alternative
test format.
 EEOC suggest employers inform applicants in advance
that a test will be given
 If disability doesn’t interfere, give test the same as other
candidates
 Ask applicant for accommodation suggestions
 Consult EEOC’s regulations for further guidance

22. Steps to An Employment Interview
Continue/Conclude
Interview
CAN
Complete Reasonable
Accommodation
Checklist
Continue/Conclude
Interview
Ask for Reasonable
Accommodation
Suggests
Discover Disabilty
CANNOT
Review Essentional Functions
Conduct Interview
Greet Applicant

23. Interview Etiquette for Persons With
Disabilities
 Shake hands with whatever is offered
 Look directly at the applicant
 Ask what is the best way to communicate
 Speak directly to the person
 Do not assume that the person needs assistance
 Do not express sympathy or tell the applicant that you
admire their courage
 Do not avoid questions because you assume the
applicant is sensitive or fragile
 Rule of thumb: make sure that all questions are job
related
 Ask questions in a straight forward matter-of-fact
manner

24. During The Interview….
 Should you discuss the nature of the
company
 Should you discuss and describe the
content of the specific position for
which you are interviewing?
 Should you ask if the individual has a
car and a means of getting to work?

25. During The Interview…
Continued
 If you notice a disabling condition
(individual use a wheelchair, guide dog,
hearing aid, etc.) should you ask what
caused the disability?
 If you notice an obvious disability, can you
ask about accommodations?
 Should you send an individual with a
disability for a pre-employment medical
examination?

26. You May Not Ask Questions About:
 The nature of the disability
 The severity of the disability
 The condition causing the disability
 Any prognosis or expectations regarding
the condition or disability
 Whether the individual will need
treatment or special leave because of
the disability

27. Closing the Interview
 Determine if they are a qualified potential
candidate
 If not qualified:
 State why
 Explain what experience others have, which
they lack
 Make clear the rejection is due to lack of
qualification, not their disability
 No need to refer to the disability

28. Closing the Interview
continued…
 For a potentially successful candidate, end with
a visit to the worksite
 Understand the tasks to be performed
 Discuss accommodations
 If you can’t commit right away, say what you
would to any applicant:
“Thanks for coming in. We will be making a
decision shortly and will notify you.”

29. Ways to Reduce Employment Barriers
Effective Reduction
Strategies
Private Sector
Percent
Public Sector
Percent
Management
commitment
81 90
Staff training 32 71
Mentoring 59 71
On-site C/T assistance 58 71
Short term outside
assistance
41 43
Tax incentives/special
budgets
26 69

30. Focus on
Ability
Not
Disability