Understanding the Disabled
Chapter Ten
Workplace Diversity
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History(1975) Free Education for All Handicapped Children Act- “least restrictive environment possible”
Workplace Diversity
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Workplace Diversity
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LegislationRehabilitation Act of 1973 eliminated exclusion of the disabled from public activities and buildings.1990 American with Disabilities Act (ADA) eliminated discrimination against individuals with disabilities and discarded use of the word handicapped.
Workplace Diversity
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Disabled
What is a disability?Disability is a condition of impairment, physical or mental having an objective aspect that can be described by a physician.Whereas, Handicapped is used when legally specifying life processes or social activities are ADVERSELY affected. It is the cumulative result of obstacles that affect maximum functioning.
Workplace Diversity
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Myths of the DisabledWorkers with disabilities are not able to perform their jobs.Workers with disabilities are absent from their jobs a lot due to problems.Companies will have to spend a fortune to accommodate disabled workers.An on-the-job accident that, when added to a worker’s prior disability, results in permanent total disability will make the company liable for permanent total liability.
Workplace Diversity
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Facts related to the myths
When a person applies for a job they should meet the requirements in order to do the job, so if someone disabled is hired then they must possess the necessary skills to accomplish the job with or without a reasonable accommodation.
Workplace Diversity
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Facts related to the myths
The 1981 study ("Equal to the Task") covered 2,745 disabled employees working for the company that year. In four categories (Safety, Performance of Job Duties, Attendance, and Job Stability/Turnover), disabled employees equaled or outdid their non-impaired co-workers.
Workplace Diversity
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Facts related to the myths
Employees with disabilities are very much aware of the difficulty of finding work and they often work hard to maintain a good record.
ITT discovered that the workers with disabilities in their Corinth plant had fewer absences than their non-disabled co-workers, and many other employers site the same outcome.
Workplace Diversity
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Facts related to the myths
The expenditures that most companies would have to make to accommodate disabled workers are minimal in comparison to their annual profits. Many smaller companies could receive assistance through the government.
Workplace Diversity
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Facts related to the myths
Second Injury Fund assumes responsibility of compensation to people with physical disabilities that become totally disabled.
Workplace Diversity
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Reasonable accommodation for disabled people include: to participate in the job application process such as making application forms accessible for the visually impaired by utilizing large print or Braille.to perform the essential functions of a job such as providing sign language interprete ...
Understanding the DisabledChapter TenWorkplace Diversi.docx
1. Understanding the Disabled
Chapter Ten
Workplace Diversity
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History(1975) Free Education for All Handicapped Children
Act- “least restrictive environment possible”
Workplace Diversity
*
Workplace Diversity
*
LegislationRehabilitation Act of 1973 eliminated exclusion of
the disabled from public activities and buildings.1990 American
with Disabilities Act (ADA) eliminated discrimination against
individuals with disabilities and discarded use of the word
handicapped.
Workplace Diversity
*
Disabled
What is a disability?Disability is a condition of impairment,
physical or mental having an objective aspect that can be
described by a physician.Whereas, Handicapped is used when
2. legally specifying life processes or social activities are
ADVERSELY affected. It is the cumulative result of obstacles
that affect maximum functioning.
Workplace Diversity
*
Myths of the DisabledWorkers with disabilities are not able to
perform their jobs.Workers with disabilities are absent from
their jobs a lot due to problems.Companies will have to spend a
fortune to accommodate disabled workers.An on-the-job
accident that, when added to a worker’s prior disability, results
in permanent total disability will make the company liable for
permanent total liability.
Workplace Diversity
*
Facts related to the myths
When a person applies for a job they should meet the
requirements in order to do the job, so if someone disabled is
hired then they must possess the necessary skills to accomplish
the job with or without a reasonable accommodation.
Workplace Diversity
*
Facts related to the myths
The 1981 study ("Equal to the Task") covered 2,745 disabled
employees working for the company that year. In four
categories (Safety, Performance of Job Duties, Attendance, and
Job Stability/Turnover), disabled employees equaled or outdid
their non-impaired co-workers.
3. Workplace Diversity
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Facts related to the myths
Employees with disabilities are very much aware of the
difficulty of finding work and they often work hard to maintain
a good record.
ITT discovered that the workers with disabilities in their
Corinth plant had fewer absences than their non-disabled co-
workers, and many other employers site the same outcome.
Workplace Diversity
*
Facts related to the myths
The expenditures that most companies would have to make to
accommodate disabled workers are minimal in comparison to
their annual profits. Many smaller companies could receive
assistance through the government.
Workplace Diversity
*
Facts related to the myths
Second Injury Fund assumes responsibility of compensation to
people with physical disabilities that become totally disabled.
Workplace Diversity
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Reasonable accommodation for disabled people include: to
4. participate in the job application process such as making
application forms accessible for the visually impaired by
utilizing large print or Braille.to perform the essential functions
of a job such as providing sign language interpreters - so that
hard of hearing or deaf employees are able to perform essential
job functions.to enjoy the benefits and privileges of
employment.
Workplace Diversity
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Mental Impairment in the Workplace
Congress expressly excluded the following conditions, among
others, from the ADA's definition of "disability": kleptomania,
pyromania, exhibitionism, voyeurism, other sexual behavior
disorders, and psychoactive substance use disorders resulting
from current illegal drug use.
Nor are common personality traits protected. Covered mental
impairments do not include, for example, poor judgment, a
quick temper, or irritability, so long as the traits are not a
symptom of a protected mental impairment.
Workplace Diversity
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Why employ Learning Disabled Adults? They are often creative
problem-solvers; Their skills in non-disability areas are just as
strong as, or better than, other adults; and They are frequently
very resourceful and can use and adapt materials and processes
in creative ways.
Workplace Diversity
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Problems Learning Disabled Adults May Face Lack of
understanding and support from employers; Difficulty receiving
promotion and advancement opportunities; Being forced into
low-paying jobs; Feelings of inadequacy; and Lack of assistive
technology or adaptive equipment at work. Lack of technology
to allow them access to continuing education courses and
reading materials.
Workplace Diversity
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Hearing Impairment in the Workplace
A hearing impairment or hearing loss is a full or partial
decrease in the ability to detect or understand sounds. Caused
by a wide range of biological and environmental factors, loss of
hearing can happen to any organism that perceives sound.
Workplace Diversity
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Difference Between a Deaf and a Hard of Hearing Person?
How a person "labels" themselves in terms of their hearing loss
is personal and may reflect identification with the deaf
community or merely how their hearing loss affects their ability
to communicate.
They can either be deaf (lower case “d”), Deaf (capital “D”), or
hard of hearing.
Workplace Diversity
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Lower case “d” vs. Capital “D”
6. The lowercase deaf is used when referring to the audiological
condition of not hearing
The uppercase Deaf is used when referring to a particular group
of deaf people who share a language -- American Sign Language
(ASL) -- and a culture.
Workplace Diversity
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Hard of hearing
The term "hard of hearing" refers to those who have some
hearing, are able to use it for communication purposes, and who
feel reasonably comfortable doing so. A hard of hearing person,
in audiological terms, may have a mild to moderate hearing
loss.
Workplace Diversity
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On the Job with HIV
After diagnosis, many HIV positive men and women continue to
work. For those too sick to work when diagnosed, HIV
medications will get them back to health and back to work.
While going back to work is a positive thing for many people,
the workplace and employee must be aware of some things in
order to make their return a positive experience.
Workplace Diversity
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HIV Concerns
Does the HIV employee have to inform their employer of their
HIV Diagnosis?
7. This is entirely up to them. They are under no legal obligation
to disclose their HIV status (in most cases) because HIV is not
transmitted by casual contact. So they are under no risk to their
fellow employees (in most cases).
Workplace Diversity
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HIV Concerns
Does casual contact with an HIV infected employee put others
at risk?
Casual contact is not a risk factor for transmitting HIV.
Workplace Diversity
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When do you make a reasonable accommodation?
An employer is only required to accommodate a "known"
disability of a qualified applicant or employee. Thus, it is the
employee’s responsibility to tell the employer that he or she
needs a reasonable accommodation.
If the employee does not want to disclose that he or she has HIV
or AIDS, it may be sufficient for the employee to say that he or
she has an illness or disability covered by the ADA, that the
illness or disability causes certain problems with work, and that
the employee wants a reasonable accommodation.
8. However, an employer can require medical documentation of the
employee’s disability and the limitations resulting from that
disability.
What is my disability?
Workplace Diversity
*Tom CruiseAlexander Graham BellNapolean BonaparteHarriet
TubmanBarbara WaltersFranklin Delano Roosevelt
What is my disability?
Workplace Diversity
*Walt DisneyGeorge WashingtonAlbert EinsteinAbraham
LincolnMichaelangeloMarilyn Monroe
Why is it important?Why should you educate yourself about
disabilities?Since the start of FY 2011, the Commission has
filed more than 200 lawsuits involving claims of discrimination
based on disability under the Americans with Disabilities Act of
1990 and the ADA Amendments Act of 2008. Since the start of
FY 2011, through its litigation program, the Commission has
recovered approximately $52,000,000 (as well as important
injunctive and other "make whole" relief) in cases involving
disability discrimination.
Workplace Diversity
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What would you do?An employee with a visual impairment is
hired as your new customer service rep A factory worker is in a
9. car accident and is now confined to a wheelchair
Workplace Diversity
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DiscussionDoes a person have to disclose their disability?
Workplace Diversity
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How to InteractWhat are ways to appropriately interact with
someone who has a disability?
Workplace Diversity
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