+++ INTRODUCTION FOR MICROSOFT WORD DOCUMENT USERS: Graphic: Workforce Discovery: Diversity and Disability in the Workplace Developed By: Price Baum, Laverne Buchanan Ed.D., Lisa Cuozzo, Ann Deschamps Ed.D., José Luis Díaz, Suellen Farrington, Saundra Hathaway, Nancy Horton, Maggie Leedy, Richard Luecking Ed.D., Rachel Margolis, Kathleen Desmond Porter. George Tilson Jr. Ed.D., Marian Vessels. TransCen, Inc. 451 Hungerford Drive Suite 700 Rockville, MD 20850. (301) 424-2002 Voice, (301) 309-2435 TTY, (301) 251-3762 FAX, www.transcen.org. Special thanks to the ADA & IT Information Center. www.adainfo.org. The ADA & IT Information Center is funded by the National Institute on Disability and Rehabilitation Research of the U.S. Department of Education, Grant # H133D010212. How to Use this Guide. Workforce Discovery: Diversity and Disability in the Workplace is an in-depth training on disability awareness with the provisions of the Americans with Disabilities Act (ADA) integrated throughout each training module. Each manual is divided into five modules that focus on the following areas: Module 1: Typecasting: Understanding Disability Module 2: Legal Implications: An Overview of the Americans with Disabilities Act Module 3: Reasonable Accommodation Module 4: Etiquette: Communication and Interaction Module 5: Best Practices for Trainers All of the contents of this manual are included on a CD located inside the front cover. This will allow the trainer to customize the training as needed and provide materials in alternate formats (e.g. Braille, large print, etc.). Features of the Modules: Module Goals: The module goals outline the specific knowledge and/or skills that participants can expect to attain. The Equipment and Materials: The sections describe any necessary supplies, including audio/visual equipment necessary to conduct training for that module. Trainers without access to a laptop computer and LCD projector to show the PowerPoint slides can copy the slides onto transparencies and use them with an overhead projector. Time: An estimate of the time required to conduct the module is provided. It is, however, important to note that as each trainer develops his or her own style and responds to the specific needs of each audience, the amount of time needed to conduct each module may vary. Notes: Each of the module’s pages is formatted into two columns. The left column includes the information and directions for conducting the training. The right side is titled “notes” and is blank so that the trainer can record notes for each activity. Handouts: Copies of the handouts are located at the end of the module inside the plastic covering. Handouts are also included within the module for the trainer’s use. Handouts of the PowerPoint presentations are also included in this section, for distribution among the participants. Acknowledgements: The footnotes in each module refer to citations which can be found in the acknowledgements section. Format of the Modules: Regular print material may be read verbatim, but it is best if the trainer adapts the general idea to his or her own word choice. All words in grey italics are directions or discussion tips for the trainer. Show PowerPoint indicates that a PowerPoint slide should be shown. For the convenience of the trainer, the actual slide is pictured directly below this icon. The slide’s text is also reprinted immediately after its picture, to ensure easy reading. To ensure that the training is accessible for all participants, it is very important that the trainer reads all of the text that appears on the PowerPoint and describes any graphical images. This five-module training may be used in a variety of ways to customize presentations for specific groups. All of the modules may be used separately as stand-alone workshops. It would take at least one full day to conduct a training using the first five modules to ensure adequate time for questions and discussion. A half-day training on the ADA and employment issues could be conducted using modules 2 and 3. A half-day training on disability awareness could be conducted using modules 1 and 4. Module 5 is designed to develop training and presentation skills rather than knowledge about the ADA. Introduction - Workforce Discovery: Diversity and Disability in the Workplace Copyright © 2004 by TransCen, Inc. [Ver. 10/05] +++ MODULE 1: MODULE Module 1 Typecasting: Understanding Disability MODULE GOALS: 1. To understand the concept of stereotyping and how it affects people with disabilities 2. To identify and dispel myths, stereotypes, and common misperceptions concerning people with disabilities EQUIPMENT: 1. PowerPoint Presentation (or alternate format) 2. LCD Projector 3. Computer / Laptop 4. Flip Chart 5. Flip Chart Markers 6. Masking Tape TIME: 45-60 minutes (time may vary) Notes: Review module before training and prepare necessary materials. On a flip chart, prepare three pages with the headings: Teenagers, Computer Programmers, and People from New York. Show PowerPoint: Module 1, Typecasting: Understanding Disability Suggested Script: This module provides accurate and up-to-date information about people with disabilities. Interacting comfortably with someone we perceive as different can be difficult. The more we understand and accept differences in people, the better we can move beyond disability/differences toward the acceptance of people for who they are. Show PowerPoint: Module Goals: 1. To understand the concept of stereotyping and how it affects people with disabilities. 2. To identify and dispel myths, stereotypes, and common misperceptions concerning people with disabilities Activity: Examining Attitudes Notes to Trainer: Greet the group. Suggested Script: I have met many of you this (morning, afternoon) and you have seen me getting ready for this workshop. Show PowerPoint: What is your initial impression of me? Suggested Script: I am going to ask you some questions. I’d like to find out about your initial impression of me. Notes to Trainer: On a flip chart list the responses to the following questions: Pick 5 or 6 to discuss. Where was I born? In what kind of house do I live? How is it decorated? Am I married? Do I have children? If so, how many? Do I have any pets? If so, what kind? What sports do I enjoy? What kind of car do I drive? What is my favorite kind of food? List all of the group’s responses on a flip chart. Suggested Script: Everyone forms opinions based on first impressions. These opinions are also called assumptions. They are based on how someone dresses, their appearance, the way they talk, and other personal characteristics. Sometimes these assumptions are accurate and sometimes they are not. Notes to Trainer: Review the list and tell the group what was accurate and what was not. Suggested Script: We all make assumptions about a person based on first impressions. This is human nature and normal. However, it is important to remember that these impressions are often false and we should not judge someone or make decisions about them until we get to know the person. Notes to Trainer: Give an example from the list of false assumptions. Suggested Script: Have any of you ever been in a situation in which a person made an inaccurate assumption about you based on their initial impression? Notes to Trainer: Ask for a few volunteers to describe their situations. If there are no volunteers, be prepared to tell a personal story. Suggested Script: Here are a couple of ideas to get you thinking: A man who loves to bake, a woman who is very handy around the house, an obese marathon runner, and a football star who loves to knit. Although we can laugh at these stories now, it is important to remember how these misunderstandings occur. It is important not to let our first impressions influence how we treat someone. Activity: Stereotypes Suggested Script: What is the definition of a stereotype? Notes to Trainer: Possible responses: 1. When certain characteristics are generalized to an entire group of people. 2. An idea that is standardized for a group. 3. A fixed or conventional image of a person or group of people. Show PowerPoint: Stereotypes are: Assumptions that are made about a person or group’s character or attributes, based on a general image of a particular group of people. Suggested Script: We are going to see how well you can identify the stereotypes of some very common groups of people. Show PowerPoint: Describe some common stereotypes for the following: Teenagers, Computer Programmers, People from New York Notes to Trainer: Tape three separate flip chart pages to the wall so they are easily visible in the room. List one of the three categories (Teenagers, Computer Programmers, People from New York) on each page. If space is limited, do these one by one on the flip chart. Suggested Script: What are some of the stereotypes our society has for these groups? Notes to Trainer: Trainer can spend about 1-2 minutes on each, starting with number 1. This should be a quick brainstorming activity. If the group is quiet, prompt them with some of the responses listed. Notes to Trainer: Possible responses: 1. Teenagers: Lazy, Irresponsible, Disrespectful, Loud, Act like they know everything. 2. Computer Programmers: Socially inept, Nerdy, Wear pocket protectors, Quiet. 3. People from New York: Pushy, Rude, Fast drivers, Funny accent, Loud Notes to Trainer: If the group names both positive and negative stereotypes, continue with the following discussion. If the group only names negative stereotypes, question why. Notes to Trainer: Ask if there are positive stereotypes that are associated with these groups. Possible responses: 1. Teenagers: Active, Technology-savvy. 2. Computer programmers: Good problem solvers, Very smart. 3. People from New York: Live exciting lives, Persistent. Suggested Script: Great job, you really know your stereotypes! How many of you actually know people from these groups who fit these stereotypes? Notes to Trainer: Most people will raise their hands. Suggested Script: How many of you know people from these groups who do not fit these stereotypes? Notes to Trainer: Most people will raise their hands. Suggested Script: Tell me about some of these people. Where do stereotypes originate? Notes to Trainer: Possible responses: Personal experience with one person from the group, Media portrayal, Family and peer influences Suggested Script: When we judge people based on stereotypes, whether positive or negative, we miss the true character of the individual. When the stereotypes we associate with people are negative, the consequences are even more dangerous. What can happen to people when negative stereotypes are held about them? Notes to Trainer: List responses on the flip chart. Notes to Trainer: Possible responses: Avoided socially, Persecuted, Discriminated against, Ostracized, Denied opportunities, Ignored, Harassed Notes to Trainer: Read the responses from the list out loud to the group. Add all of these responses to the list, even if the group did not mention all. Suggested Script: Each response we just discussed is a form of discrimination. When someone is avoided socially, not hired, harassed on or off a job, based on negative thoughts or stereotypes of a group, they are being discriminated against. Stereotypes are often the reason that this discrimination takes place. Although many people would argue that they do not base decisions on stereotypes or personal biases, it is clear that these actions do take place every day. Suggested Script: We have focused on teens, people from New York, and computer programmers. Let’s take a minute and think about discrimination and how it specifically affects people with disabilities. Are people with disabilities discriminated against? Show PowerPoint: EEOC Discrimination Complaints: 79,432 total1. Categories include: Age, Sex, Religion, National Origin, Race, Retaliation, Disability (19.4%)2 Suggested Script: In the 2004 fiscal year, 79,432 individuals filed discrimination complaints with the Equal Employment Opportunity Commission.1 The charges fell under the categories of age, sex, religion, national origin, race, retaliation, and disability. Suggested Script: Of the 79,432 people who filed discrimination charges with the EEOC in 2003, 15,376, or 19.4% of those were people with disabilities.2 Suggested Script: These numbers suggest that discrimination against individuals with disabilities does exist. Just like with teens, New Yorkers, and computer programmers, stereotypes often lead to unfair treatment, like employment discrimination. Suggested Script: Let’s examine some of the stereotypes we have about people with cerebral palsy. Cerebral Palsy: Below average intelligence, Unable to walk, Cannot communicate. Suggested Script: How about people with mental illness? Mental Illness: Dangerous, Hospitalized, Unstable. Suggested Script: Most (or all) of the stereotypes we just named are negative. Suggested Script: There are also positive qualities that can also be associated with these groups. Can you think of any? Notes to Trainer: Name and discuss these responses if they are not mentioned: Cerebral Palsy: The average person with cerebral palsy has at least average intelligence. 3, Cerebral palsy is not progressive, and therefore does not worsen over time.4. Mental Illness: Statistics show that the incidence of violence in people who have a brain disorder is not much higher than it is in the general population.5, Mental illness can be a treatable disability.6 Suggested Script: In addition, there are also various studies that combat the stereotypes put forth by popular culture. For example: Most people with disabilities, even severe disabilities, do not receive public assistance.7 A DuPont Corporation survey found that 90% of employees with disabilities received average or better job performance ratings.8 Suggested Script: Unfortunately, negative stereotypes are often more pervasive than the facts from these studies. Suggested Script: Where do stereotypes about individuals with disabilities originate? Just like other stereotypes, disability-based stereotypes come from personal experiences with one individual, family / peer influences and media portrayal. Suggested Script: Let’s focus on media portrayal for a few minutes. Think about different movies that you have seen that include characters with disabilities. Notes to Trainer: Lead a brief, informal conversation about the way disability is portrayed in film. The conversation will vary with each training group, based on which movies the participants have seen. You can choose from the questions below to steer the conversation. 1. How is the character with a disability represented (pitiful, child-like, bitter, heroic, etc.)? 2. Does the character with a disability play a particular role in the story (victim, villain, hero, etc.)? 3. Why was disability used in this film? Did the disability itself serve a purpose in the story? 4. How is normality defined or portrayed? 5. What was the overall message about disability? 6. Has the role of disability in film changed over time? Questions adapted from ‘Resisting Hollywood’s Take on Disability.’ 9 Notes to Trainer: The following is a list of characters with disabilities to prompt the trainer. Notes to Trainer: Many of these characters are portrayed as villains: 1. Peter Pan , Captain Hook - Missing his hand. 2. Silence of the Lambs, Hannibal - Mental illness. 3. Psycho, Norman Bates - Mental illness. 4. Unbreakable, Elijah Price - Fragile bones Notes to Trainer: Many of these characters are portrayed as victims: 1. Rear Window, L.B. “Jeff” Jeffries - Wheelchair-user. 2. The Hunchback of Notre Dame, Quasimodo - Physical deformation. 3. Beauty and the Beast, The Beast - Physical deformation. 4. Million Dollar Baby, Maggie Fitzgerald - Spinal Cord Injury Notes to Trainer: Many of these characters are portrayed as bitter war veterans: 1. The Deer Hunter, Steven - Missing a leg. 2. Born on the Fourth of July, Ron Kovic - Paralysis. 3. Forrest Gump, Lt. Dan Taylor - Missing a leg Notes to Trainer: Many of these characters are portrayed as innocent and child-like: 1. Of Mice and Men - Lenny, Mental retardation, 2. Forrest Gump - Forrest Gump. Mental retardation. 3. I Am Sam, Sam Dawson - Mental retardation. 4. Radio, Radio - Mental retardation Suggested Script: Stereotypes about individuals with disabilities may also result from our personal experience (or lack thereof). Many of us grew up in a time when people with disabilities were not around us on a daily basis. People with disabilities were often segregated from the community. After all, it wasn’t until 1975 that a “free and appropriate public education” (FAPE) was mandated for students with disabilities. So, many people who started school before 1975 probably had few, if any, classmates with disabilities. Suggested Script: Without this exposure, how was one expected to be able and/or comfortable learning, working, and interacting with people with different disabilities? Suggested Script: We started to learn about how to treat people with disabilities when we are very young. Remember the special education classrooms? What lesson did those classrooms teach us? Notes to Trainer: Elicit responses from the group. 1. People with disabilities couldn’t learn with us. 2. People with disabilities shouldn’t be in the same classroom, gym or lunchroom with us. 3. By separating students with disabilities, it taught that people with disabilities didn’t even exist Suggested Script: It is for this reason, as well as many others, that today we conduct and attend trainings like this. Hopefully we have seen the last generation of disability segregation. Suggested Script: Today’s children learn, laugh, and play with kids with disabilities. Therefore, this generation is more likely to have the experiences necessary to be comfortable hiring, managing, and working with and for people who have disabilities. Suggested Script: Stereotypes are assumptions that are made about a person or group's character or attributes, based on a general image of a particular group of people. Stereotypes are not inherently negative; we can also attribute positive characteristics as stereotypes. It is very important to remember that when we define people based on stereotypes, we often make false assumptions and we always fail to recognize the person as an individual. Show PowerPoint: “When you see a person with a disability, presume competence.” From: Snow, Kathy, Disability is Natural, 2001 10 Typecasting: Understanding Disability Copyright © 2004 by TransCen, Inc. [Ver. 10/05] +++ MODULE 1: ACKNOWLEDGEMENTS Module One Acknowledgements 1. U.S. Equal Employment Opportunity Commission. “All Statutes: Fiscal Year 1992-2004.” www.eeoc.gov/stats/all.html. Page last modified 1/27/05. Information retrieved 2/24/05. 2. U.S. Equal Employment Opportunity Commission. “Americans with Disabilities Act Changes: Fiscal Year 1992-2004.” www.eeoc.gov/stats/ada-charges.html. Page last modified, 1/27/05. Information retrieved 2/24/05. 3. WebHealth. “A-Z of Health: Cerebral Palsy.” www.webhealth.co.uk/a_to_z_of_health/cerebral_palsy.asp. Information retrieved 2/24/05. 4. National Institute of Neurological Disorders and Strokes. “NINDS Cerebral Palsy Information Page.” www.ninds.nih.gov/disorders/cerebral_palsy/cerebral_palsy.htm#What_is. Page last modified 2/9/05. Information retrieved 2/24/05. 5. National Alliance for Research on Schizophrenia and Depression. “NARSAD Publishes Top 10 Myths About Mental Illness Based on Nationwide Survey.” www.narsad.org/news/press/pr2003-07-01d.html. Information retrieved 2/24/05. 6. National Alliance for the Mentally Ill. “About Mental Illness.” www.nami.org/Content/NavigationMenu/Inform_Yourself/About_Mental_Illness/About_Mental_Illness.htm. Information retrieved 2/24/05. 7. U.S. Census Bureau. “Meeting the Challenge: Americans with Disabilities, 1997.” www.census.gov/population/pop-profile/2000/chap19.pdf. Internet release 2000. 8. DuPont Corporation Study: U.S. Department of Labor. “Myths and Facts about People with Disabilities.” www.dol.gov/odep/pubs/fact/mythfact.htm. Information dated October 1994. Information retrieved 2/24/05. 9. PowerPoint Presentation. “Resisting Hollywood’s Take on Disability.” Zach Rossetti and Christy Ashby. Syracuse University. 2004. 10. Snow, Kathy. “Disability is Natural.” www.disabilityisnatural.com/store/index.html. Copyright 2001. Information retrieved 3/5/05. Typecasting: Understanding Disability - Module 1 Acknowledgements Copyright © 2004 by TransCen, Inc. [Ver. 10/05] +++ MODULE 1: POWERPOINT HANDOUTS (NOTE: The corresponding Microsoft Word document shows a picture of the PowerPoint slide and includes blank lines to the right of each slide for the participants to take notes.) Slide 1: Module 1, Typecasting: Understanding Disability Slide 2: Module Goals: 1. To understand the concept of stereotyping and how it affects people with disabilities. 2. To identify and dispel myths, stereotypes, and common misperceptions concerning people with disabilities Slide 3: What is your initial impression of me? Slide 4: Stereotypes are: Assumptions that are made about a person or group’s character or attributes, based on a general image of a particular group of people. Slide 5: Describe some common stereotypes for the following: Teenagers, Computer Programmers, People from New York Slide 6: EEOC Discrimination Complaints: 79,432 total1. Categories include: Age, Sex, Religion, National Origin, Race, Retaliation, Disability (19.4%)2 Slide 7: “When you see a person with a disability, presume competence.” From: Snow, Kathy, Disability is Natural, 2001 10 +++ MODULE 2: MODULE Module 2 Legal Implications: An Overview of the Americans with Disabilities Act (ADA) MODULE GOALS: 1. To understand the history of Americans with Disabilities Act (ADA) and related legislation 2. To increase comprehension of the Americans with Disabilities Act and its employment provisions EQUIPMENT: 1. PowerPoint Presentation (or alternate format) 2. LCD Projector 3. Computer / Laptop 4. Flip Chart 5. Flip Chart Markers 6. Masking Tape MATERIALS: 1. Quiz: Get the Facts! 2. Quiz: Get the Facts! 10 T/F pages for “around-the-room-activity” 3. Handout: The Americans with Disabilities Act - Summary TIME: 45 – 60 minutes (time may vary) Notes to Trainer: Review module before training and prepare necessary materials. Show PowerPoint: Module 2: Legal Implications of the Americans with Disabilities Act (ADA) Show PowerPoint: Module Goals: 1. To understand the history of the Americans with Disabilities Act (ADA) and related legislation. 2. To increase comprehension of the Americans with Disabilities Act and its employment provisions Suggested Script: This module will focus on legislation impacting the employment, training, and reasonable accommodation of people with disabilities. Show PowerPoint: Laws created in order to “level the playing field” - 1. Architectural Barriers Act of 1968. 2. Rehabilitation Act of 1973. 3. Individuals with Disabilities Education Act (IDEA) formerly Education for All Handicapped Children’s Act of 1975. 4. Fair Housing Act, as amended in 1988. 5. The Americans with Disabilities Act of 1990 Suggested Script: Years ago, there were no laws protecting people with disabilities from discrimination. After the Civil Rights Movement in the 1960s, the Disability Rights Movement began to form based on the same principles. Legislation such as the Fair Housing Act, the Rehabilitation Act, and the Individuals with Disabilities Education Act were passed by Congress and signed into law. Suggested Script: Over the years, the equity theme became the moral force behind the Disability Rights Movement. In the late 80s, the Americans with Disabilities Act, or ADA, was introduced for the first time in Congress. The ADA prohibits discrimination against people with disabilities in employment, public accommodations, activities of State and local government, transportation, and telecommunications. The ADA was eventually passed by Congress and signed into law on July 26, 1990. Suggested Script: Let’s begin with a quiz about the Americans with Disabilities Act. Then we will talk in more detail about Title I: Employment Provisions. Activity: ADA Quiz / GET THE FACTS Notes to Trainer: As the trainer, you can choose how to present this quiz to your audience. It is included as part of the PowerPoint presentation, as a handout, and as an “around-the-room-activity.” You can also combine two or more methods. Possible ways to use the ADA Quiz: 1. PowerPoint slides – All of the T/F questions and answers are displayed on the slides below. If you are short on time, you can just go over the questions and answers as a large group. 2. Handouts – You may wish to distribute the quiz questions as a handout for the participants, and then review the answers on the PowerPoint Slides. 3. You could also review the quiz solely as a PowerPoint presentation and then distribute the handout at the conclusion of the training. 4. Around-the-room-activity – To create a more active environment, you can place all of the T/F statements (found in the handouts section) around the room on 8.5x11 pieces of paper or cardstock. Participants could be given dots (or different color markers) for this activity. They should then move around the room, read each T/F statement, and place their dot in the T or F section, whichever they believe to be correct. You can then review the correct answers using the PowerPoint slides. Show PowerPoint: TRUE OR FALSE – QUESTION #1 - The Americans with Disabilities Act (ADA) mandates the hiring of individuals with disabilities. Show PowerPoint: FALSE – ANSWER #1 - The ADA says you should hire the most qualified applicant. It does not mandate that you hire individuals with disabilities; it just ensures equal access to the employment process.1 Show PowerPoint: TRUE OR FALSE – QUESTION #2 – Businesses with 15 or more employees are covered by Title I (the employment provision) of the ADA. Show PowerPoint: TRUE – ANSWER #2 - Businesses with 15 or more employees are covered by Title I (the employment provision) of the ADA. 1 Show PowerPoint: TRUE OR FALSE – QUESTION #3 - Sixty-five percent (65%) of working age individuals with disabilities are unemployed. Show PowerPoint: TRUE – ANSWER #3 – Among working-age individuals with disabilities, only 35% work full or part-time (2004 National Organization on Disability / Harris Survey). 2 Show PowerPoint: TRUE OR FALSE – QUESTION #4 - There is a toll-free number that I can call to discuss the ADA and get confidential technical assistance to help my business. Show PowerPoint: TRUE – ANSWER #4 - The ADA & IT Information Centers (also known as the DBTACs) have a toll-free number and provide free technical assistance! 800-949-4232 Voice / TTY Show PowerPoint: TRUE OR FALSE – QUESTION #5 - Governments must make all of their facilities fully ADA accessible. Show PowerPoint: FALSE – ANSWER #5 - Governments need to provide full program access. Their programs and services must be accessible when examined as a whole. This does not mean that each building must be fully accessible.1 Show PowerPoint: TRUE OR FALSE – QUESTION #6 - Two out of three unemployed people with disabilities would prefer to be working. Show PowerPoint: TRUE – ANSWER #6 - Two out of three unemployed people with disabilities would prefer to be working (2000 National Organization on Disability / Harris Survey). 3 Show PowerPoint: TRUE OR FALSE – QUESTION #7 - Employees with disabilities are unable to meet performance standards. Show PowerPoint: FALSE – ANSWER #7 - According to a 1990 DuPont survey, 90% of employees with disabilities rated average or better in job performance compared to 95% for employees without disabilities. A similar 1981 DuPont study found that 92% of employees with disabilities rated average or better in job performance compared to 90% of employees without disabilities. 4 Show PowerPoint: TRUE OR FALSE – QUESTION #8 - Employees with disabilities are more likely to have accidents on the job than employees without disabilities. Show PowerPoint: FALSE – ANSWER #8 – In the 1990 DuPont study, the safety records of employees with and without disabilities were identical. 4 Show PowerPoint: TRUE OR FALSE – QUESTION #9 - Companies report that employees with disabilities have better retention rates, reducing the high cost of turnover. Show PowerPoint: TRUE – ANSWER #9 - Companies report that employees with disabilities have better retention rates, reducing the high cost of turnover (Unger, 2002). 5 Show PowerPoint: TRUE OR FALSE – QUESTION #10 - There is a forty percent (40%) chance of acquiring a disability if you live to the age of 80. Show PowerPoint: FALSE – ANSWER #10– There is a 73.6% chance of acquiring a disability if you live to age 80 (U.S. Census Bureau). 6 GENERAL ADA OVERVIEW Notes to Trainer: You can summarize what is written below in your own words, or read it as it is written. You may also distribute the ADA Summary Handout. Suggested Script: To the more than 50 million Americans with disabilities, the Americans with Disabilities Act is an unprecedented opportunity to eliminate barriers to independence and productivity. The ADA is modeled after the Civil Rights Act of 1964. It is based on a bill originally drafted by the National Council on Disability that was supported by major constituency groups and disability organizations. Suggested Script: The purpose of the ADA is to extend to people with disabilities civil rights similar to those that were available on the basis of race, color, sex, national origin, and religion through the Civil Rights Act of 1964. It prohibits discrimination on the basis of disability in private sector employment, activities of State and local governments (including employment), places of public accommodation, transportation, and telecommunication services. Suggested Script: The ADA has five titles. Show PowerPoint: The Americans with Disabilities Act (ADA): Title I: Employment. Title II: Public Services. Title III: Public Accommodations. Title IV: Telecommunications. Title V: Miscellaneous. TITLE I: EMPLOYMENT Suggested Script: TITLE I: EMPLOYMENT: The ADA prohibits discrimination against a qualified individual with a disability in employment and includes specific features related to reasonable accommodation, qualification standards, and other labor management issues. Suggested Script: The law specifically says “no covered entity shall discriminate against a qualified person with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions and privileges of employment” [Section 102 (a)]. 1 Suggested Script: Generally, employers must provide “reasonable accommodations” to qualified employees with disabilities, unless providing the accommodation would be an undue hardship. Title I defines “qualified person with a disability,” “reasonable accommodation,” and “undue hardship.” TITLE II: PUBLIC SERVICES (STATE AND LOCAL GOVERNMENT) Suggested Script: TITLE II: PUBLIC SERVICES (STATE AND LOCAL GOVERNMENT): The ADA addresses services and activities of State and local governments, including public transportation provided by public entities. The transportation provisions of the Act are intended to improve access in vehicles, facilities, and systems. Suggested Script: Title II requires that all public entities provide “program accessibility” to people with disabilities. It also requires that State and local governments modify policies, practices, and procedures to prevent discrimination against people with disabilities. Finally, Title II requires public entities to ensure effective communication with people with sensory disabilities (e.g. blindness, deafness, etc.). TITLE III: PUBLIC ACCOMMODATIONS Suggested Script: TITLE III: PUBLIC ACCOMMODATIONS: The ADA addresses public accommodations, also known as businesses and services operated by private entities. Title III covers different types of public accommodations, such as hotels and motels, movie theaters, grocery stores, retail stores, and many others. Privately owned transportation services are also included. Suggested Script: The ADA specifically states "no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation" [Section 302(a)]. 1 Suggested Script: Businesses may need to modify their policies and practices and remove barriers to improve access. Public accommodations must also ensure effective communication for people with sensory disabilities. Title III also contains the ADA Accessibility Guidelines (ADAAG), which include the specifications for architectural accessibility. TITLE IV: TELECOMMUNICATIONS Suggested Script: TITLE IV: TELECOMMUNICATIONS: The ADA mandates that companies offering telephone service to the general public must offer telephone relay services to individuals with communication disabilities who use TTYs or similar telecommunications devices. Every state must have a relay system in place. Suggested Script: The law specifically states the requirement to... "ensure that interstate and intrastate telecommunications relay services are available... to hearing impaired and speech impaired individuals..." [Section 225(b)(1)]. 1 The relay system enables people with communication disabilities who cannot use a regular telephone to communicate with anyone. Suggested Script: For example, Sally, who is deaf, wants to order pizza. Using a TTY, she calls the relay service by dialing 7-1-1. Once the relay operator answers, Sally types a message that she wants to call a pizza restaurant and types in the number for the operator to dial. The operator then calls the restaurant. The operator reads to the restaurant employee what Sally types, and then types back the reply from the restaurant to Sally. The operator continues to relay the questions, answers, and comments until the conversation is completed. Show PowerPoint: Understanding RELAY: This PowerPoint slide is a graphic which illustrates a typical relay conversation. One picture shows a woman using a TTY. There is an arrow pointing towards a male communication assistant who has both a TTY and a voice telephone. Another arrow points to a woman who is speaking into a telephone. TITLE V: MISCELLANEOUS Suggested Script: TITLE V: MISCELLANEOUS: Title V addresses the relationship between the ADA, Section 504 of the Rehabilitation Act, and state laws. Whichever law provides the most protections to people with disabilities takes precedent over the other laws. In addition, the Act provides for administrative remedies comparable to those of Title II and VII of the Civil Rights Act of 1964. Perhaps the most significant part of Title V is that it covers Congress and other agencies of the legislative branch of government. Suggested Script: The ADA was passed to protect civil rights for people with disabilities. The law does not mandate preferential treatment. CIVIL RIGHTS ACT OF 1964 AND THE REHABILITATION ACT OF 1973 (BEFORE THE ADA) Suggested Script: The Civil Rights Act of 1964 laid the earliest groundwork for disability rights by establishing a framework prohibiting discrimination on the basis of race, religion, national origin, and sex. It addresses private employment, public accommodations and programs and activities receiving federal funds. The Civil Rights Act does not talk about disability. Suggested Script: Disability rights came to the forefront when the Section 504 of the Rehabilitation Act was enacted in 1973. The Rehabilitation Act prohibits discrimination against people with disabilities in programs and activities receiving federal funds. For the first time, people with all kinds of disabilities were recognized as belonging to a protected class. Suggested Script: Now that you have a general overview of the law, we are going to talk in more detail about the employment provisions. Notes to Trainer: After providing the brief ADA overview, you may wish to include more detailed information, depending on the needs of your audience. (Do not attempt to address these issues if you are not knowledgeable about the ADA). Suggested Script: Let’s look at who is protected by Title I, the employment provisions of the ADA. Show PowerPoint: Definition of Disability: An individual with a disability is one who: * has, * has a record of, or, * is regarded as having a physical or mental impairment that substantially limits a major life activity. Show PowerPoint: Definition of Disability Continued - An individual with a disability is one who has a physical or mental impairment that substantially limits a major life activity. Suggested Script: "Substantially limits" is a very high standard. Basically, it means that the person must have a disability that really limits their ability to perform a major life activity. Suggested Script: Can anyone tell me some major life activities? Notes to Trainer: Field responses from the audience. One method for soliciting information would be to ask participants to list the physical or mental tasks they needed to arrive at this training. You can compare the responses with the information. Show PowerPoint: Major Life Activities: These are basic activities that the average person in the general population can perform with little or no difficulty: Caring for Oneself, Performing Manual Tasks, Walking, Seeing, Hearing, Speaking, Breathing, Concentrating, Learning, Working, Sitting, Standing, Lifting. Suggested Script: Let’s examine some disabilities that we are familiar with and the major life activity that is substantially limited. 1. Individuals who are deaf are substantially limited in their ability to hear. 2. Individuals who use wheelchairs are substantially limited in their ability to walk. 3. Individuals who have cerebral palsy may be substantially limited in their ability to perform manual tasks. Suggested Script: The key is to look at each person individually. Not all cases are clear-cut. There are some individuals with impairments that may or may not be covered by the ADA. It all depends on how the impairment affects the individual. Suggested Script: For example, what about individuals with asthma? Whether they are considered a person with a disability depends on how the asthma affects their ability to perform major life activities. It is important to remember that people with the same disability may function very differently—some may be substantially limited and some may not. Suggested Script: We now know the ADA’s definition of who a “person with a disability” is. The ADA only protects a qualified person with a disability. Let’s look at the ADA’s definition of qualified. Show PowerPoint: Qualified Individual with a Disability: A qualified individual with a disability means one who satisfies the requisite skill, experience, education, and other job-related requirements of the position such individual holds or desires, and who: with or without reasonable accommodation can perform the essential functions of such a position Suggested Script: Always remember you never have to consider anybody who is not qualified for the job!! The person, regardless of disability, must be qualified and the employer determines who is qualified. Suggested Script: Let’s see what the term reasonable accommodation means. Show PowerPoint: A Reasonable Accommodation is: Any change in the work environment or way things are done that enables a person with a disability to enjoy equal employment opportunity. Must be provided to qualified individuals unless it poses an undue hardship Show PowerPoint: Reasonable Accommodation Means: 1. Modification to the job application process. 2. Modification to the work environment or the manner under which the position held is customarily performed. 3. Modification that enables an employee with a disability to enjoy equal benefits and privileges of employment Suggested Script: The term reasonable means plausible or feasible in this context. We are discussing accommodations that are effective for both the individual and the employer. Employers must make effective accommodations to the known physical or mental limitations of a qualified applicant or employee with a disability, unless the employer can demonstrate that the accommodation would pose an undue hardship. Show PowerPoint: Reasonable Accommodations are dependent upon: 1. The specific requirements of the job. 2. The particular needs of the employee or applicant. 3. The extent to which modifications or aids are available without causing undue hardship Suggested Script: Accommodations are made to alleviate or lessen the effects of a specific barrier. Obviously, accommodations are dependent on the disability and the specific job requirements. Let’s look at some examples: Show PowerPoint: Reasonable Accommodations can include: Flexible work schedules, Providing qualified readers or interpreters, Adjustment or modifications of examinations, training materials, or policies, Rearranging workspace to accommodate necessary equipment, and Reassignment to vacant positions. Suggested Script: Have you ever known an employer to make provisions to help their employees be more productive? Try to think of some examples of non-disability related accommodations. Notes to Trainer: Prompt: 1. for people who work at computers—glare guards. 2. for people who answer several phones—headsets. 3. for parents with child care needs—flexible schedules Suggested Script: All of these are examples of accommodations that employers may currently provide for all workers. Suggested Script: Who is the first consultant or expert you should talk to about providing an effective accommodation? ?The person needing the accommodation! Suggested Script: The Job Accommodation Network (JAN) is an information and consultation service providing individualized accommodation solutions via a dedicated 800 line and website. JAN’s purpose is to make it possible for employers and others to share information about job accommodations. Their website is an excellent resource of accommodation ideas for specific disabilities. The telephone number is 1800ADA-WORK voice/TTY or on the web at www.jan.wvu.edu. Suggested Script: JAN conducted a survey of employers to examine the cost of reasonable accommodations. It found that: Show PowerPoint: Average Cost of Job Accommodations: * 20% of all accommodations suggested had no cost. * 51% cost between $1 and $500. * 11% cost between $501 and $1,000. * 3% cost between $1,001 and $1,500. * 3% cost between $1,501 and $2,000. * 8% cost between $2,001 and $5,000. * 4% cost more than $5,000. (Source: Job Accommodation Network) 7 Suggested Script: There is a four-step process used to determine a reasonable accommodation. The most important step is consulting with the individual with the disability while keeping an open mind. Show PowerPoint: Determining Reasonable Accommodation: 1. Review the particular job and determine its purpose and the essential functions. 2. Consult with the individual with a disability to determine his or her need for accommodation. 3. Identify potential accommodations in consultation with the individual. 4. Should alternatives be discovered in the accommodation process, consider the preference of the individual and select the method that best serves both the individual and the employer Suggested Script: The Equal Employment Opportunity Commission emphasizes that this process should be an interactive one between the employer and the employee. Suggested Script: The ADA says that you are obligated to consider providing a reasonable accommodation only for a qualified person with a disability who discloses the need for an accommodation. Generally, it is the individual’s responsibility to request an accommodation. Suggested Script: Now we are going to review exactly what an employer can and cannot ask during an interview according to the ADA. First let’s looks at what questions an interviewer may ask. Show PowerPoint: Disability Related Inquires: An Interviewer May Ask Questions About: 1. An applicant’s ability to perform job-related duties (e.g. Please look at the attached job description. Can you perform these tasks with or without an accommodation?) 2. An applicant's previous job experience (e.g. What were your responsibilities at your previous place of employment?) 3. Skills required to perform the job (e.g. Tell me about your skills and how they will allow you to perform this job.) 4. Educational background (e.g. Where did you attend school? What did you study?) Suggested Script: Basically, you can ask anything you need to know about the applicant’s skills and ability to perform the job. Always ask questions that focus on the job and its essential functions. Concentrate on the individual’s ability rather than disability. Show PowerPoint: Disability Related Inquiries: Interviewer May Not Ask About: 1. The nature or extent of the applicant’s disability. 2. If the applicant or anyone in his/her family has a disability. 3. The applicant’s health. 4. If the applicant has a history of emotional illness. 5. If the applicant has ever had an injury or disease. 6. If the applicant has ever seen a psychiatrist. 7. If the applicant has ever had a drug or drinking problem Suggested Script: The law says that you cannot make any disability-related inquiries before a conditional offer of employment is made. Keep the focus on the job and the requirements for the job. Generally, these questions can be asked post-offer and before employment begins, as long as they are asked of all applicants. All policies prohibiting current illegal drug use, drinking alcohol on the job, or administration of drug tests are permissible. Suggested Script: It is important to remember that many people with disabilities are already on the job, and may need accommodations at any point during employment. Show PowerPoint: Disclosure: Under the ADA, an employer must provide reasonable accommodations to the known physical and mental limitations of a qualified applicant or employee with a disability. Suggested Script: It is important to remember that employers do not have to provide accommodations for disabilities that they do not know about. If an individual wants an accommodation, he or she must disclose their disability (assuming it is not apparent). Suggested Script: For many individuals with hidden disabilities, disclosure is a tough and personal decision. One potential benefit is improved communication with a supervisor. Another is that once an individual discloses a disability, he or she is entitled to request a reasonable accommodation, which often results in increased satisfaction in the workplace and the ability to maintain and exceed professional goals. Suggested Script: Still, there are possible risks for disclosure. While the ADA regulates how medical documentation can be used and demands confidentiality, it is unable to regulate attitudes and discrimination does sometimes follow disclosure. Suggested Script: Individuals can disclose their disability during any point in the employment process. However, if an individual is having trouble meeting performance or conduct standards in the workplace because of the disability, it is not advisable for the employee to wait until problems become serious, as employers are not required to rescind any legitimate disciplinary actions that are taken prior to disclosure. An employer only has to provide reasonable accommodations that may enable the individual to meet the requirements after gaining the knowledge about the disability. Suggested Script: The ADA does not say how an employee should disclose or request an accommodation. However, requesting an accommodation in writing and in person keeps communication clear. Suggested Script: Of course, for individuals who do not need a reasonable accommodation, there is no need to disclose a disability. Suggested Script: In circumstances when a disability is hidden or not obvious, the employer can ask for documentation to verify that the person has an ADA disability. Show PowerPoint: Disclosure: Reasonable Documentation: 1. Documentation from an appropriate professional concerning the individual’s disability and functional limitations. 2. To verify the existence of a disability and the need for an accommodation Suggested Script: Keep in mind the purpose of the documentation is to confirm that the individual has a disability and determine how to accommodate the individual on the job, not to find out everything about the person’s health and medical history. Therefore you are limited in what you can ask for, specifically, confirmation of disability and some explanation of the limitations imposed by the disability that are be relevant to the job and accommodation issues. Suggested Script: Once a person discloses their disability, it is important to keep this information confidential. Show PowerPoint: Disclosure: Confidentiality: 1. An employer must keep all information concerning the medical condition or history of its applicants or employees confidential and separate from personnel files. 2. This includes medical information that an individual voluntarily tells his/her employer Suggested Script: Finally, let’s look at the options a person with a disability has if they feel they have been discriminated against. Show PowerPoint: Title I Enforcement. 1. File a complaint (EEOC, State FEPA). 2. File a lawsuit. 3. Alternative Dispute Resolution Suggested Script: There is what’s called an exhaustive requirement under Title I of the ADA. A person must file a complaint with EEOC or the state FEPA (Fair Employment Practices Agency) before he or she can file a lawsuit. Once the EEOC or FEPA has investigated the complaint, they may issue a right to sue letter. At that point, the person can file a lawsuit. Finally, there is an option called Alternative Dispute Resolution. Both parties have to agree to have their case resolved by an ADA-trained mediator. Both EEOC and the Department of Justice have successful mediation programs. Notes to Trainer: You may want to go into more detail on the employment provisions depending on the needs of your audience. (Do not attempt to address these issues if you are not knowledgeable about how the ADA applies to them.) Supplementary publications are available for most of these topics. Notes to Trainer: The ADA & IT Information Center can provide you with this material (800-949-4232 voice / TTY and www.adata.org) Some other topics you might consider covering follow: Tax credits for employers, Direct threat, Qualification standards, Illegal use of drugs and alcohol, Medical exam requirements, General non-discrimination requirements, Relationships with other law, Insurance, Worker's Compensation enforcement Suggested Script: In summary, the ADA was passed to protect the civil rights of people with disabilities, the one minority group that anyone can join at any time. It cuts across national origin, gender, socioeconomic level, profession, race, religion and all other demographic factors. Notes to Trainer: If you have not already, you may choose to distribute the ADA Summary at this point. Legal Implications: An Overview of the Americans with Disabilities Act (ADA) Copyright © 2004 by TransCen, Inc. [Ver. 10/05] +++ MODULE 2: HANDOUTS The AMERICANS WITH DISABILITIES ACT GET THE FACTS! TRUE / FALSE 1. The Americans with Disabilities Act (ADA) mandates the hiring of individuals with disabilities. 2. Businesses with 15 or more employees are covered by Title I (the employment provision) of the ADA. 3. Sixty-five percent (65%) of working age individuals with disabilities are unemployed. 4. There is a toll-free number that I can call to discuss the ADA and get confidential technical assistance to help my business. 5. Governments must make all of their facilities fully ADA accessible. 6. Two out of three unemployed people with disabilities would prefer to be working. 7. Employees with disabilities are unable to meet performance standards. 8. Employees with disabilities are more likely to have accidents on the job than employees without disabilities. 9. Companies report that employees with disabilities have better retention rates, reducing the high cost of turnover. 10. There is a forty percent (40%) chance of acquiring a disability if you live to the age of 80. THE AMERICANS WITH DISABILITIES ACT GET THE FACTS! ANSWERS 1. FALSE – The ADA says you should hire the most qualified applicant. It does not mandate that you hire individuals with disabilities; it just ensures equal access to the employment process.1 2. TRUE - Businesses with 15 or more employees are covered by Title I (the employment provision) of the ADA.1 3. TRUE - Among working-age individuals with disabilities, only 35% work full or part-time (2004 National Organization on Disability / Harris Survey).2 4. TRUE - The ADA & IT Information Centers (also known as the DBTACs) have a toll-free number and provide free technical assistance! 800-949-4232 Voice / TTY 5. FALSE - Governments need to provide full program access. Their programs and services must be accessible when examined as a whole. This does not mean that each building must be fully accessible.1 6. TRUE - Two out of three unemployed people with disabilities would prefer to be working (2000 National Organization on Disability / Harris Survey).3 7. FALSE - According to a 1990 DuPont survey, 90% of employees with disabilities rated average or better in job performance compared to 95% for employees without disabilities. A similar 1981 DuPont study found that 92% of employees with disabilities rated average or better in job performance compared to 90% of employees without disabilities.4 8. FALSE - In the 1990 DuPont study, the safety records of employees with and without disabilities were identical.4 9. TRUE - Companies report that employees with disabilities have better retention rates, reducing the high cost of turnover (Unger, 2002).5 10. FALSE - There is a 73.6% chance of acquiring a disability if you live to age 80 (U.S. Census Bureau, 1997).6 (HANDOUTS: Note: The following True/False questions are included for the "around-the-room" activity. In the corresponding Microsoft Word document, each of the following True/False questions are found on a separate sheet of paper, which gives the trainer the option of placing the questions around the room.) 1. The Americans with Disabilities Act (ADA) mandates the hiring of individuals with disabilities. TRUE - FALSE 2. Businesses with 15 or more employees are covered by Title I (the employment provision) of the ADA. TRUE - FALSE 3. Sixty-five percent (65%) of working age individuals with disabilities are unemployed. TRUE - FALSE 4. There is a toll-free number that I can call to discuss the ADA and get confidential technical assistance to help my business. TRUE - FALSE 5. Governments must make all of their facilities fully ADA accessible. TRUE - FALSE 6. Two out of three unemployed people with disabilities would prefer to be working. TRUE - FALSE 7. Employees with disabilities are unable to meet performance standards. TRUE - FALSE 8. Employees with disabilities are more likely to have accidents on the job than employees without disabilities. TRUE - FALSE 9. Companies report that employees with disabilities have better retention rates, reducing the high cost of turnover. TRUE - FALSE 10. There is a forty percent (40%) chance of acquiring a disability if you live to the age of 80. TRUE - FALSE AMERICANS WITH DISABILITIES ACT: SUMMARY TITLE I: EMPLOYMENT The ADA prohibits discrimination against a qualified individual with a disability in employment and includes specific requirements related to reasonable accommodation, qualification standards, and other labor management issues. The law specifically says “no covered entity shall discriminate against a qualified person with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions and privileges of employment” [Section 102 (a)].1 Generally, employers must provide “reasonable accommodations” to qualified employees with disabilities unless providing the accommodation would be an undue hardship. Title I defines “qualified person with a disability,” “reasonable accommodation,” and “undue hardship.” TITLE II: PUBLIC SERVICES (STATE AND LOCAL GOVERNMENT) The ADA addresses services and activities of State and local governments, including public transportation provided by public entities. The transportation provisions of the Act are intended to improve access in vehicles, facilities, and systems. Title II requires that all public entities provide “program accessibility” to people with disabilities. It also requires that State and local governments modify policies, practices, and procedures to prevent discrimination against people with disabilities. Finally, Title II requires public entities to ensure effective communication with people with sensory disabilities (e.g. blindness, deafness, etc.). TITLE III: PUBLIC ACCOMMODATIONS The ADA addresses public accommodations, or businesses and services operated by private entities. Title III covers different types of public accommodations, such as hotels and motels, movie theaters, grocery stores, and retail stores, among others. Privately owned transportation is also included. The ADA specifically states "no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation" [Section 302(a)].1 Businesses may need to modify their policies and practices and remove barriers to improve access. Public accommodations must also ensure effective communication for people with sensory disabilities. Title III also contains the ADA Accessibility Guidelines (ADAAG) which include the specifications for architectural accessibility. TITLE IV: TELECOMMUNICATIONS The ADA mandates that companies offering telephone service to the general public must offer telephone relay services to individuals with communication disabilities who use TTYs or similar telecommunications devices. Every state must have a relay system in place. The law specifically states the requirement to..."to ensure that interstate and intrastate telecommunications relay services are available... to hearing-impaired and speech-impaired individuals..." [Section 225(b)(1)].1 The relay system enables people with communication disabilities who cannot use a regular telephone to communicate with anyone. For example, Sally, who is deaf, wants to order pizza. Using a TTY, she calls the relay service by dialing 7-1-1. Once the relay operator answers, Sally types a message that she wants to call a pizza restaurant and types in the number for the operator to dial. The operator then calls the restaurant. The operator reads to the restaurant employee what Sally types, and then types back the reply from the restaurant to Sally. The operator continues to relay the questions, answers, and comments until the conversation is completed. TITLE V: MISCELLANEOUS Title V addresses the relationship between the ADA, Section 504 of the Rehabilitation Act, and state laws. Whichever law provides the most protections to people with disabilities takes precedent over the other laws. In addition, the Act provides for administrative remedies comparable to those of Title II and VII of the Civil Rights Act of 1964. Perhaps the most significant part of Title V is that it covers Congress and other agencies of the legislative branch of government. The ADA was passed to protect civil rights for people with disabilities. The law does not mandate preferential treatment. CONTACT YOUR REGIONAL DBTAC FOR MORE INFORMATION ABOUT THE ADA (800) 949-4232 VOICE / TTY www.adainfo.org Legal Implications: An Overview of the Americans with Disabilities Act (ADA) - Module 2 Handouts Copyright © 2004 by TransCen, Inc. [Ver. 10/05] +++ MODULE 2: ACKNOWLEDGEMENTS Module Two Acknowledgements 1. The Americans with Disabilities Act of 1990. Public Law. www.ada.gov/pubs/ada.txt. All specific references are quoted in text of Module. 2. 2004 National Organization on Disability / Harris Survey. “Landmark Disability Survey Finds Pervasive Disadvantages.” www.nod.org/index.cfm?fuseaction=pa ge.viewPage&pageID=1430&nodeID=1&FeatureID=1422&redirected=1&CFID=3244897&CFTOKEN=30732700. Information dated 6/25/04. Information retrieved 2/24/05. 3. 2000 National Organization on Disability / Harris Survey of Americans with Disabilities. “Executive Summary: 2000 N.O.D./Harris Survey of Americans with Disabilities.” www.nod.org/index.cfm?fuseaction=page.viewPage&PageID=861. Information dated 7/10/02. Information retrieved 2/24/05. 4. DuPont Corporation Study: U.S. Department of Labor. “Myths and Facts about People with Disabilities.” www.dol.gov/odep/pubs/fact/mythfact.htm. Information dated October 1994. Information retrieved 2/24/05. 5. Department of Education / Unger. “Disability Employment 101: Introduction.” www.ed.gov/about/offices/list/osers/products/employmentguide/introduction.html. Information dated 2/1/01. Information retrieved 2/24/05. 6. U.S. Census Bureau. “Meeting the Challenge: Americans with Disabilities, 1997.” www.census.gov/population/pop-profile/2000/chap19.pdf. Internet Release 2000. 7. Job Accommodation Network. “Accommodation Benefit / Cost Data.” www.jan.wvu.edu/media/Stats/BenCosts0799.html. Information tabulated through 7/3/99. Information retrieved 2/24/05. Quiz: The Americans with Disabilities Act - Get the Facts! Compiled by TransCen, Inc. “The Americans with Disabilities Act - Get the Facts!” www.transcen.org. Specific facts from quiz cited individually above. Compiled February 2005. Handout: The Americans with Disabilities Act – Summary. Compiled by TransCen, Inc. “The Americans with Disabilities Act – Summary” www.transcen.org. Compiled November 2004. Legal Implications: An Overview of the Americans with Disabilities Act - Module 2 Acknowledgements Copyright © 2004 by TransCen, Inc. [Ver. 10/05] +++ MODULE 2: POWERPOINT HANDOUTS (NOTE: The corresponding Microsoft Word document shows a picture of the PowerPoint slide and includes blank lines to the right of each slide for the participants to take notes.) Slide 1: Module 2: Legal Implications of the Americans with Disabilities Act (ADA) Slide 2: Module Goals: 1. To understand the history of the Americans with Disabilities Act (ADA) and related legislation. 2. To increase comprehension of the Americans with Disabilities Act and its employment provisions Slide 3: Laws created in order to “level the playing field” - 1. Architectural Barriers Act of 1968. 2. Rehabilitation Act of 1973. 3. Individuals with Disabilities Education Act (IDEA) formerly Education for All Handicapped Children’s Act of 1975. 4. Fair Housing Act, as amended in 1988. 5. The Americans with Disabilities Act of 1990 Slide 4: TRUE OR FALSE – QUESTION #1 - The Americans with Disabilities Act (ADA) mandates the hiring of individuals with disabilities. Slide 5: FALSE – ANSWER #1 - The ADA says you should hire the most qualified applicant. It does not mandate that you hire individuals with disabilities; it just ensures equal access to the employment process.1 Slide 6: TRUE OR FALSE – QUESTION #2 – Businesses with 15 or more employees are covered by Title I (the employment provision) of the ADA. Slide 7: TRUE – ANSWER #2 - Businesses with 15 or more employees are covered by Title I (the employment provision) of the ADA. 1 Slide 8: TRUE OR FALSE – QUESTION #3 - Sixty-five percent (65%) of working age individuals with disabilities are unemployed. Slide 9: TRUE – ANSWER #3 – Among working-age individuals with disabilities, only 35% work full or part-time (2004 National Organization on Disability / Harris Survey). 2 Slide 10: TRUE OR FALSE – QUESTION #4 - There is a toll-free number that I can call to discuss the ADA and get confidential technical assistance to help my business. Slide 11: TRUE – ANSWER #4 - The ADA & IT Information Centers (also known as the DBTACs) have a toll-free number and provide free technical assistance! 800-949-4232 Voice / TTY Slide 12: TRUE OR FALSE – QUESTION #5 - Governments must make all of their facilities fully ADA accessible. Slide 13: FALSE – ANSWER #5 - Governments need to provide full program access. Their programs and services must be accessible when examined as a whole. This does not mean that each building must be fully accessible.1 Slide 14: TRUE OR FALSE – QUESTION #6 - Two out of three unemployed people with disabilities would prefer to be working. Slide 15: TRUE – ANSWER #6 - Two out of three unemployed people with disabilities would prefer to be working (2000 National Organization on Disability / Harris Survey). 3 Slide 16: TRUE OR FALSE – QUESTION #7 - Employees with disabilities are unable to meet performance standards. Slide 17: FALSE – ANSWER #7 - According to a 1990 DuPont survey, 90% of employees with disabilities rated average or better in job performance compared to 95% for employees without disabilities. A similar 1981 DuPont study found that 92% of employees with disabilities rated average or better in job performance compared to 90% of employees without disabilities. 4 Slide 18: TRUE OR FALSE – QUESTION #8 - Employees with disabilities are more likely to have accidents on the job than employees without disabilities. Slide 19: FALSE – ANSWER #8 – In the 1990 DuPont study, the safety records of employees with and without disabilities were identical. 4 Slide 20: TRUE OR FALSE – QUESTION #9 - Companies report that employees with disabilities have better retention rates, reducing the high cost of turnover. Slide 21: TRUE – ANSWER #9 - Companies report that employees with disabilities have better retention rates, reducing the high cost of turnover (Unger, 2002). 5 Slide 22: TRUE OR FALSE – QUESTION #10 - There is a forty percent (40%) chance of acquiring a disability if you live to the age of 80. Slide 23: FALSE – ANSWER #10– There is a 73.6% chance of acquiring a disability if you live to age 80 (U.S. Census Bureau). 6 Slide 24: The Americans with Disabilities Act (ADA): Title I: Employment. Title II: Public Services. Title III: Public Accommodations. Title IV: Telecommunications. Title V: Miscellaneous. Slide 25: Understanding RELAY: This PowerPoint slide is a graphic which illustrates a typical relay conversation. One picture shows a woman using a TTY. There is an arrow pointing towards a male communication assistant who has both a TTY and a voice telephone. Another arrow points to a woman who is speaking into a telephone. Slide 26: Definition of Disability: An individual with a disability is one who: * has, * has a record of, or, * is regarded as having a physical or mental impairment that substantially limits a major life activity. Slide 27: Definition of Disability Continued - An individual with a disability is one who has a physical or mental impairment that substantially limits a major life activity. Slide 28: Major Life Activities: These are basic activities that the average person in the general population can perform with little or no difficulty: Caring for Oneself, Performing Manual Tasks, Walking, Seeing, Hearing, Speaking, Breathing, Concentrating, Learning, Working, Sitting, Standing, Lifting. Slide 29: Qualified Individual with a Disability: A qualified individual with a disability means one who satisfies the requisite skill, experience, education, and other job-related requirements of the position such individual holds or desires, and who: with or without reasonable accommodation can perform the essential functions of such a position Slide 30: A Reasonable Accommodation is: Any change in the work environment or way things are done that enables a person with a disability to enjoy equal employment opportunity. Must be provided to qualified individuals unless it poses an undue hardship Slide 31: Reasonable Accommodation Means: 1. Modification to the job application process. 2. Modification to the work environment or the manner under which the position held is customarily performed. 3. Modification that enables an employee with a disability to enjoy equal benefits and privileges of employment Slide 32: Reasonable Accommodations are dependent upon: 1. The specific requirements of the job. 2. The particular needs of the employee or applicant. 3. The extent to which modifications or aids are available without causing undue hardship Slide 33: Reasonable Accommodations can include: Flexible work schedules, Providing qualified readers or interpreters, Adjustment or modifications of examinations, training materials, or policies, Rearranging workspace to accommodate necessary equipment, and Reassignment to vacant positions. Slide 34: Average Cost of Job Accommodations: * 20% of all accommodations suggested had no cost. * 51% cost between $1 and $500. * 11% cost between $501 and $1,000. * 3% cost between $1,001 and $1,500. * 3% cost between $1,501 and $2,000. * 8% cost between $2,001 and $5,000. * 4% cost more than $5,000. (Source: Job Accommodation Network) 7 Slide 35: Determining Reasonable Accommodation: 1. Review the particular job and determine its purpose and the essential functions. 2. Consult with the individual with a disability to determine his or her need for accommodation. 3. Identify potential accommodations in consultation with the individual. 4. Should alternatives be discovered in the accommodation process, consider the preference of the individual and select the method that best serves both the individual and the employer Slide 36: Disability Related Inquires: An Interviewer May Ask Questions About: 1. An applicant’s ability to perform job-related duties (e.g. Please look at the attached job description. Can you perform these tasks with or without an accommodation?) 2. An applicant's previous job experience (e.g. What were your responsibilities at your previous place of employment?) 3. Skills required to perform the job (e.g. Tell me about your skills and how they will allow you to perform this job.) 4. Educational background (e.g. Where did you attend school? What did you study?) Slide 37: Disability Related Inquiries: Interviewer May Not Ask About: 1. The nature or extent of the applicant’s disability. 2. If the applicant or anyone in his/her family has a disability. 3. The applicant’s health. 4. If the applicant has a history of emotional illness. 5. If the applicant has ever had an injury or disease. 6. If the applicant has ever seen a psychiatrist. 7. If the applicant has ever had a drug or drinking problem Slide 38: Disclosure: Under the ADA, an employer must provide reasonable accommodations to the known physical and mental limitations of a qualified applicant or employee with a disability. Slide 39: Disclosure: Reasonable Documentation: 1. Documentation from an appropriate professional concerning the individual’s disability and functional limitations. 2. To verify the existence of a disability and the need for an accommodation Slide 40: Disclosure: Confidentiality: 1. An employer must keep all information concerning the medical condition or history of its applicants or employees confidential and separate from personnel files. 2. This includes medical information that an individual voluntarily tells his/her employer Slide 41: Title I Enforcement. 1. File a complaint (EEOC, State FEPA). 2. File a lawsuit. 3. Alternative Dispute Resolution +++ MODULE 3: MODULE Module 3 Reasonable Accommodation MODULE GOALS: 1. To understand the concept of reasonable accommodation, its process, and the circumstances under which it is required 2. To learn how to problem-solve situations where reasonable accommodation might be necessary in the workplace EQUIPMENT: 1. PowerPoint Presentation (or alternate format) 2. LCD Projector 3. Computer / Laptop 4. Flip Chart 5. Flip Chart Markers 6. Masking Tape MATERIALS: 1. Handout: EEOC Reasonable Accommodation Process (in 6, 12, and 18 point fonts) 2. Quiz: Famous People with Disabilities 3. Handout: Famous People with Disabilities 4. Quiz: Facts and Figures 5. Quiz: Crossword Puzzle 6. Handout: Accommodation Worksheet (with and without scenarios) 7. Handout: JAN Accommodation Solutions for Functional Limitations TIME: 45-60 minutes (time may vary) Notes to Trainer: Review module before training and prepare necessary materials. Show PowerPoint: Module 3: Reasonable Accommodations Suggested Script: Before we begin, I’d like for you to review the following handout about the EEOC’s recommendations for the reasonable accommodation process. Notes to Trainer: Distribute handouts in 6 point font. Wait for “grumbles” in the group and tell the group you have the same material in a larger font. Ask for a show of hands for those who would like a larger font. (Distribute 12 point font for those requesting). After distribution, tell the participants you also have the handout in an even larger font. Ask for a show of hands for those who would like an even larger font. Then distribute the handout in 18 point font. Suggested Script: How many of you found a larger font easier to read? Suggested Script: This example shows how some people who are experiencing vision problems might be accommodated when reading is required. Most reading material is provided in 10-12 point fonts. The last handout was in 18 point font, which is considered “large print,” and may be a form of reasonable accommodation. Suggested Script: Many employers provide accommodations for their employees. Can you think of some examples? Notes to Trainer: Prompt: flexible work schedules, ergonomic office chairs, PDAs, desktop calendars, changes of lighting Suggested Script: These are all accommodations that make doing the job a bit easier. Why do employers do this? So that employees can be more productive and business can be more successful. Suggested Script: The Americans with Disabilities Act requires that employers provide reasonable accommodation for qualified individuals with disabilities. So although employers have been accommodating their workers for many years, the law formalizes this process for people who may need an accommodation to perform the essential functions of their job. This module provides the definition and examples of reasonable accommodation, as well as actual scenarios where we will use a proven process to identify effective accommodations. Show PowerPoint: Module Goals: 1. To understand the concept of reasonable accommodation, its process, and the circumstances under which it is required. 2. To learn how to problem-solve situations where reasonable accommodation might be necessary in the workplace SPECIAL NOTE TO TRAINER: If you are using Module 3 as a stand alone section and have not discussed the definition of disability materials from Module 2, it would be helpful to introduce this concept before proceeding with this section. Determining whether or not an individual is considered to be an “individual with a disability” under the ADA is the first step in the reasonable accommodation process. Although employers may choose to provide accommodations for any employees, the ADA only requires that employers provide reasonable accommodations for employees who meet the statutory definition of disability. SPECIAL NOTE TO TRAINER: If you have already discussed the definition of disability in a previous module, or choose not to discuss it in Module 3, please skip ahead in this module. (There will be another special note to trainer.) Suggested Script: Let’s look at who is covered by Title I, the employment provisions of the ADA. Show PowerPoint: Definition of Disability: An individual with a disability is one who: * has, * has a record of, or, * is regarded as having a physical or mental impairment that substantially limits a major life activity. Show PowerPoint: Definition of Disability (continued) - An individual with a disability is one who has a physical or mental impairment that substantially limits a major life activity. Suggested Script: "Substantially limits" is a very high standard. Basically, it means that the person must have a disability that really limits their ability to perform a major life activity. Suggested Script: Can anyone tell me some major life activities? Notes to Trainer: Field responses from the audience. One method for soliciting information would be to ask participants to list the physical or mental tasks they needed to arrive at this training. You can compare the responses with the information. Show PowerPoint: Major Life Activities: These are basic activities that the average person in the general population can perform with little or no difficulty: Caring for Oneself, Performing Manual Tasks, Walking, Seeing, Hearing, Speaking, Breathing, Concentrating, Learning, Working, Sitting, Standing, Lifting Suggested Script: Let’s examine some disabilities that we are familiar with and the major life activity that is substantially limited. 1. Individuals who are deaf are substantially limited in their ability to hear. 2. Individuals who use wheelchairs are substantially limited in their ability to walk. 3. Individuals who have cerebral palsy may be substantially limited in their ability to perform manual tasks. Suggested Script: The key is to look at each person individually. Not all cases are clear-cut. There are some individuals with impairments that may or may not be covered by the ADA. It all depends on how the impairment affects the individual. Suggested Script: For example, what about individuals with asthma? Whether they are considered a person with a disability depends on how the asthma affects their ability to perform major life activities. It is important to remember that people with the same impairment may function very differently, some may be substantially limited and some may not. SPECIAL NOTE TO TRAINER: If you chose to skip the definition of disability, please resume here. Suggested language for the transition: Now that you all already know the ADA’s definition of disability from our previous workshop… Suggested Script: Let’s take a minute to look at our list of major life activities in a slightly different way. Which of these activities might individuals with hidden disabilities have substantial limitations in? Notes to Trainer: Elicit responses Suggested Script: Are individuals with hidden disabilities entitled to reasonable accommodation under the ADA? Notes to Trainer: Elicit responses Suggested Script: The ADA protects all people with impairments whether hidden or visible that meet the definition of disability. Simply put, a hidden disability is exactly that – a disability that is not recognizable from the outside. We may never know if some of our coworkers, acquaintances, or friends have hidden disabilities, if they choose not to tell us. Suggested Script: Did you know that these famous people all have disabilities? Notes to Trainer: Pass out Famous People Quiz and have participants complete it. After everyone is finished, go over the answers with the group. Show PowerPoint: Answers to the Quiz: A-7, B-4, C-8, D-6, E-10, F-5, G-2, H-11, I-9, J-3, K-1. Suggested Script: Was any of this information a surprise to you? Does this information make you feel any differently about these people? Why? Why not? Notes to Trainer: You may wish to distribute the supplementary handout about famous people with disabilities now to review with the group. You may also choose to distribute it at the end of the module to prevent distractions during the training. Notes to Trainer: Depending on the needs of your audience, you may choose to highlight the prevalence of different diseases and disabilities in today’s society by distributing the Facts and Figures Quiz. Suggested language to accompany this quiz: Just like celebrities, many individuals have hidden disabilities. Please complete this quiz to fully comprehend the prevalence of these disabilities in our society. Suggested Script: Many celebrities, just like other people, have disabilities that we are not aware of. Hidden or invisible disabilities may include emotional or behavioral disorders, learning disabilities, chronic or episodic illnesses, impairments of hearing, vision or speech, and the list goes on. Of course, the ADA’s definition of disability includes individuals with various impairments, who are limited in different major life activities. What is important is that they have an impairment which causes a substantial limitation. Suggested Script: We now know the ADA’s definition of who a “person with a disability” is, and we know that it includes individuals with both visible and hidden disabilities. The ADA only protects a qualified person with a disability. Let’s look at the ADA’s definition of qualified. Show PowerPoint: Qualified Individual with a Disability: A qualified person with a disability means one who satisfies the requisite skill, experience, education, and other job-related requirements of the position such individual holds or desires, and who… Show PowerPoint: With or without reasonable accommodation can perform the essential functions of such a position. Suggested Script: Essential functions mean job tasks that are fundamental—not marginal. Show PowerPoint: What makes a job task essential? 1. If the position exists to perform the function. 2. If there are a limited number of employees among whom the task can be distributed. 3. If the function is highly specialized Suggested Script: The employer has the right to determine the essential functions, educational training requirements, and the performance standards of the job, as long as standards and requirements are consistently applied and are not established specifically to discriminate against people with disabilities. Show PowerPoint: Evidence of Essential Functions: 1. Employer's judgment as to which functions are essential. 2. Written job descriptions prepared before advertising or interviewing applicants. 3. Amount of time spent performing the function Show PowerPoint: Evidence of Essential Functions (continued): 1. Consequences of not performing the function. 2. The terms of a collective bargaining agreement. 3. Work experience of past incumbents on the job. 4. Current work experience of incumbents in similar jobs Suggested Script: When the functions of a particular job are being performed by a new employee, with or without a disability, barriers may exist that prevent that person from performing the job effectively. These barriers may, for example, include inexperience or may, in fact, be related to disability. In the case of disability, the ADA requires employers to consider whether a reasonable accommodation could remove the barrier. Show PowerPoint: Accommodations are: Any changes in the work setting that enable qualified workers to accomplish their tasks. Show PowerPoint: Scope of Reasonable Accommodation: 1. Modification to the job application process. 2. Modification to the work environment or the manner in which the position held is customarily performed. 3. Modification that enables an employee with a disability to enjoy equal benefits and privileges of employment Suggested Script: The term “reasonable” means plausible or feasible in this context. The accommodation must be effective for the employer and effective for the employee. Show PowerPoint: Accommodations are dependent upon: 1. The specific requirements of the job. 2. The particular need(s) of the employee or applicant. 3. The extent to which modifications or aids are available without causing an undue hardship on the employing organization Suggested Script: Who is the first consultant or expert you should talk to about providing an effective accommodation? Suggested Script: The person needing the accommodation! Suggested Script: When we start to think about possible reasonable accommodations, we are often too focused on the medical aspect of the disability. It is more important to focus on how a disability affects an individual rather than the medical diagnosis. This is especially significant when determining reasonable accommodation for individuals with hidden disabilities. Suggested Script: When we think about how a hidden disability affects an individual, we are thinking about the individual’s functional limitations. As a large group, let’s work together to think of common functional areas in which individuals with hidden disabilities may face limitations. Notes to Trainer: Using a flip chart, ask the audience to name functional limitations. If they need prompting, you can name a hidden disability and ask the audience what the functional limitation may be for an individual with a certain disability. Notes to Trainer: If the audience finds this too difficult, you can use the PowerPoint Slides to explain the concept of functional limitations. Show PowerPoint: Possible Areas of Functional Limitations: Reading, Writing, Mathematics, Organizational Skills, Memory, Time Management, and Managing the Physical Environment Show PowerPoint: Possible Areas of Functional Limitations (continued): Working at Full Productivity, Maintaining Stamina, Working Effectively with Supervisors, Interacting with Coworkers Show PowerPoint: Possible Areas of Functional Limitations (continued): Handling Stress and Emotions, Concentrating on Work Details, Completing Projects and Meeting Deadlines, Maintaining Tasks/Sequences and Maintaining Daily Information Suggested Script: After we finish this workshop, I will distribute a handout with possible accommodation solutions for each of these functional limitations. Suggested Script: Here is a relatively simple way to categorize accommodations: Show PowerPoint: Categorizing Accommodations: Physical Modification, Managerial Action, Provision of Services Suggested Script: For example, physical modifications can include: changes to facility, changes to equipment Suggested Script: Managerial Action can include: providing a flexible schedule, providing unpaid leave, and restructuring job tasks Suggested Script: Provision of Services can include: qualified interpreters, qualified readers, and job coaches Suggested Script: There are as many different accommodations as there are disabilities. Some examples include: Show PowerPoint: Examples of Reasonable Accommodation: 1. Making existing facilities used by employees readily accessible and usable by individuals with disabilities. 2. Job restructuring. 3. Part-time or modified work schedules Show PowerPoint: Examples of Reasonable Accommodation (continued): 1. Adjustment or modifications of examinations, training materials, or policies. 2. Providing qualified readers or interpreters. 3. Reassignment to vacant positions Suggested Script: Remember, a reasonable accommodation must work for both the employer and the person with the disability. The best person to identify the most effective accommodation may be the person with the disability. Show PowerPoint: The Job Accommodation Network is: An information and consultation service providing individualized accommodation solutions via a website and an 800 number. JAN’s purpose is to make it possible for employers and others to share information about job accommodations. Suggested Script: JAN conducted a survey of employers to examine the cost of reasonable accommodations. The survey indicated the following:1 Show PowerPoint: Average Cost of Job Accommodations: 20% of all accommodations suggested had no cost. 51% cost between $1 and $500. 11% cost between $501 and $1,000. 3% cost between $1,001 and $1,500. 3% cost between $1,501 and $2,000. 8% cost between $2,001 and $5,000. – 4% cost more than $5,000. (Source: Job Accommodation Network Survey)1 Suggested Script: You may be surprised to learn that 82% of accommodations cost under $1,000. Suggested Script: There is a four-step interactive process that the Equal Employment Opportunity Commission recommends employers follow to determine accommodations for employees. This is the same information that we distributed earlier in font size 6, 10, and 12. Show PowerPoint: Determining Reasonable Accommodation: 1. Determine the essential functions of the job. 2. Consult with the employee to determine his or her abilities and specific needs. 3. Identify potential accommodations in consultation with the individual. 4. If two or more possible accommodations exist, consider the preference of the individual, and then select the method that best serves both the individual and the business Notes to Trainer: Emphasize that the most important steps are consulting with the individual with the disability and keeping an open mind. Suggested Script: The ADA says that you are obligated to consider providing accommodations only for a qualified person with a disability who discloses the need for an accommodation. Notes to Trainer: Distribute crossword puzzle to group. Show PowerPoint: This PowerPoint slide shows a blank crossword puzzle with four vertical columns intersecting four horizontal columns. It does not look like a typical crossword puzzle; rather it looks like one big square divided into 16 smaller squares. To fill in the puzzle, the clues for the across squares are: (1) Mosquitoes do it, (2) Dogs do it, (3) Horses do it, and (4) Children do it. The clues for the down squares are: (1) Insects that sting, (2) Organs of vision, (3) Big brothers do it to little sisters, and (4) Without effort. Suggested Script: Take a few minutes to complete this simple crossword puzzle. Notes to Trainer: After participants have spent 2-3 minutes on the crossword puzzle, walk around room to see how they are doing. Some participants may seem frustrated because a “logical” solution is not evident. Suggested Script: Has anyone completed the puzzle yet? Notes to Trainer: The answer should be “no.” Suggested Script: Who would like to review the correct answers? Notes to Trainer: Distribute answer sheet for the crossword puzzle and review. Show PowerPoint: This PowerPoint slide shows the completed crossword puzzle. It includes the same clues as a reminder. The clues for the across squares are: (1) Mosquitoes do it, (2) Dogs do it, (3) Horses do it, and (4) Children do it. The clues for the down squares are: (1) Insects that sting, (2) Organs of vision, (3) Big brothers do it to little sisters, and (4) Without effort. Each horizontal row spells out the same word, “BITE.” To this effect, the first vertical row contains four Bs, the second row contains four Is, the third four Ts, and the fourth four Es. Suggested Script: First – how would you typically complete a crossword puzzle – what do you already KNOW about crossword puzzles? Although the solution to this crossword puzzle was not found in the “typical” way, there was a solution. This puzzle illustrates one situation which could not be solved using prior knowledge and experience. Rather, you need to look at it in a new and different way. Suggested Script: After I told you the correct answers, many of you said, “Ah ha!” Although the solution really was easy, it was not what immediately came to mind. This exercise shows that the more experiences we have, the greater our ability to think broadly, and expand our knowledge and experience in order to create easy solutions. Things are not always as difficult as we fear. Activity: Identifying Accommodations Suggested Script: Now that you have practiced “thinking outside the box,” we will now complete an activity that involves determining reasonable accommodations based on different scenarios. Notes to Trainer: Divide participants into groups and distribute two or three reasonable accommodation scenarios to each group. Notes to Trainer: Prior to the training, read the scenarios below and pick which ones you would like to use. Trainers can either pick one category, mix and match from different categories, or complete them all. Base this decision on the needs of your audience. They have been categorized based on type of disability. Notes to Trainer: The handouts have one accommodation per page, so you can decide the variety in quantity and disability-based variation each group should discuss. The group can use the extra space on each piece of paper to brainstorm different ideas. Notes to Trainer: There is also a PowerPoint slide for each of the accommodation scenarios. Notes to Trainer: Direct each group to: 1. Review the steps necessary to provide reasonable accommodation; 2. Identify the barrier(s) in the scenario and at least one possible accommodation; 3. Categorize each solution under the appropriate heading (i.e., physical, managerial, services); and 4. Identify the resources possible to assist with implementation of these accommodations. Suggested Script: As you work together, remember that there are multiple solutions. Many accommodations fall under "managerial action." Remember to focus on the individual’s functional limitations, not just their disability. Notes to Trainer: Remind the groups to focus on a specific barrier, not disability. Do not assume the disability is the real barrier. Stress the need for creativity. Notes to Trainer: This activity will take approximately 20 minutes (or more, depending on the size of your audience and how many scenarios you choose to use). Remember to leave time to discuss the Undue Hardship Section. Notes to Trainer: When the small groups have finished, bring the whole group together again. Have each of the small groups present their accommodation plan using flip chart paper. Put all the suggested accommodations in the appropriate category. Accommodation Scenarios: Deaf / Hard of Hearing: #1: Juanita is a 32-year-old Postal Worker who communicates through handwritten notes, gestures and partial lip reading. She is in line for a promotion to the position of Time and Attendance Clerk. In the past, the person who was the Time and Attendance Clerk answered the telephone as a back up to the regular receptionist in addition to other duties. Juanita's supervisor is concerned about her ability to do the job and is considering denying Juanita this promotion because of his concerns. Possible Solution: Reassignment of telephone duties. #2: Saundra, who is applying for a position as a Data Process Entry Clerk, requires a sign language interpreter for the interview. The supervisor has some concerns that the company will need to hire a full-time interpreter for the employee to successfully perform her job duties. Possible Solution: Provide the interpreter for the interview, analyze the job and ask the applicant how he or she will perform the essential functions of the job. Possible Solution: Provide an occasional interpreter for such activities as trainings or staff meetings. #3: Laverne works in a formal, corporate office. The office staff communicates with each other through the use of an office intercom. Laverne is hard of hearing and finds the intercom difficult to use. She continually chooses not to use the office intercom to talk to her supervisor, as requested. Instead, she frequently poses questions to him in a loud boisterous voice that is an irritating disruption for her co-workers and supervisor. Possible Solution: Suggest that Laverne write her questions and then take them to her supervisor at a pre-arranged time. Possible Solution: Based on the level of Laverne’s hearing loss, a telephone amplifier may allow her to use the office intercom effectively. Mobility Impairments: #4: Roberto, who uses a wheelchair, has just been hired by an accounting firm. His office is accessible but the conference room where all the staff meetings and trainings are held is not accessible. Possible Solution: Hold meetings and trainings in another, accessible location. Possible Solution: Depending on the size of the business and the costs involved, make the conference room accessible. #5: Shirley uses a wheelchair and desires a job in the field of video and film. Shirley has several years of experience, but the only available position is entry-level labeling and packaging film cartridges. She feels this position is beneath her capabilities. Possible Solution: No accommodation required. She either chooses to accept the position or she doesn't. #6: Brian uses a wheelchair. His Mail/Messenger job also includes major photocopying jobs. He is unable to reach the selection button mounted on the rear of the photocopier. Possible Solution: Construct a stick with a rubber-tip to push the button or purchase a device that could be used for that purpose. #7: Jonathan, a Chef, is a paraplegic and uses a wheelchair needs to access several different areas in the restaurant kitchen. His co-workers prefer to continue standing as they cook. Possible Solution: The restaurant could install adjustable height workstations. They could also purchase a stand-up wheelchair, allowing the chef to remain in his wheelchair but work at standing height when necessary. (JAN solution) Speech Disability: #8: Joe has a significant speech and articulation problem. His speech is considered unintelligible at times; he stutters and has many involuntary facial movements. Joe's supervisor is very patient and understanding, but shares the concern of others about the extra amount of time required of her and co-workers to understand and direct Joe. Possible Solution: Talk to Joe and ask for his suggestions, which might include the purchasing of a communication board or having Joe write his responses. Visual Impairment: #9: An employer is interested in hiring Adam as a Paralegal. As a Paralegal, Adam would be responsible for conducting background research on various legal issues. Adam would also edit his supervising attorney’s cases, interview potential plaintiffs, and draft legal briefs. Adam has had experience doing this type of work in two previous positions. He is blind and the employer is concerned about how he could perform these tasks. Possible Solution: A screen reader might need to be purchased to enable Adam to conduct all of his computer work. The potential employer should discuss with Adam what types of programs have worked for him in the past and then adopt or create a similar effective accommodation. #10: Jeanette is a Radio Broadcast Announcer. She is blind and needs to read the Associated Press wire news which she receives over the phone lines connected to a printer. Possible Solution: The station could supply the announcer with a Braille printer, which could be connected to the Associated Press wire. A switch would allow any user to quickly move between the Braille and regular printer. (JAN solution) Heat Sensitivity: #11: Maya has multiple sclerosis and is extremely sensitive to heat. When she requests that the office thermostat be adjusted to meet her needs, her colleagues explain that they will be very cold. The company is unable to provide her with a private office. Possible Solution: The individual could be provided with a cool vest that keeps her body temperature down without affecting her colleague’s comfort. (JAN solution) Hidden Disabilities (Learning, Psychiatric): #12: Mohammed has held his position as Manager of the Communications Department for five years. His boss notices that he has become withdrawn in meetings, his work is late and he appears preoccupied while discussing business matters. When his supervisor shares his concerns, Mohammed explains that his doctor recently diagnosed Mohammed with depression. Possible Solution: Ask Mohammed how you can work together to adjust his workplace to accommodate him. Mohammad might need a flexible work schedule or a job coach. #13: Mark experiences a stress disorder and becomes easily overwhelmed. His company recently received a large work order and everyone is working under deadline to fill the order. Possible Solution: First, talk with Mark and solicit accommodations ideas from him. Then, consider dividing his responsibilities into smaller tasks that would be easier to handle one at a time. Possible Solution: Plan a schedule to prevent bottleneck of workflow and to allow adequate breaks for Mark. #14: Susie is applying for a job as a Stock Clerk. Part of the application process involves taking a multiple-choice test. Susie meets all of the qualifications for this job. However, she has a learning disability and has difficulty taking written tests. Possible Solution: Give an oral test or job try-out as an alternative. #15: William has a variety of tasks to perform at the plant nursery where he works. His duties consist of sweeping the floors, dusting the shelves, restocking, watering the plants and collecting and restocking the carts from the parking lot. He often forgets to do some of his tasks. Possible Solution: Prepare a daily checklist of job duties and have William check them off as he completes them. Possible Solution: Pair William with a co-worker to act as a mentor. #16: Bob has Attention-Deficit / Hyperactivity Disorder. He is easily distracted on the job site and has a history of frequently engaging in loud, inappropriate conversation. Bob's work area faces a busy walkway into the office. Due to lack of office space and other factors, Bob can not move to another cubicle. Possible Solution: Re-arrange the way his desk faces, if possible. Possible Solution: Partition off his work area. Possible Solution: Instruct co-workers not to respond to inappropriate behavior and to reinforce appropriate behavior. #17: Tovah has mild mental retardation. She has the basic skills necessary for the job of Administrative Assistant, likes the work and shows potential. When she finishes one task, however, she tends to stand in one place and look around, unsure of what to do next. One of her co-workers has noticed this and will periodically give her small assignments to keep her busy. Possible Solution: Prepare a daily checklist of duties that Tovah can check off after completing and which will act as a prompt to begin the next activity. Possible Solution: Designate a co-worker as someone she can consult with when her supervisor is not around to answer questions or provide instruction. #18: Chen's job mandates a higher production rate than he is currently achieving. He was hired with the understanding and intention that his production rate would increase over a three-month period. After several weeks, however, Chen is still performing below the mandated production rate for the position, and errors are increasing. Before determining an accommodation, the supervisor must identify the reasons for the decreased productivity and increased errors (e.g. skill issue, communication issue, training issue, etc.) Possible Solution: Provide re-training, as necessary. Possible Solution: Set realistic production goals that can be achieved gradually. If problems cannot be resolved, follow company procedures for termination. #19: Jane has a learning disability, but her supervisor thinks that she has the skills to succeed. Lately, however, Jane has had problems with dressing inappropriately and making personal telephone calls during work. Her supervisor has discussed these problems with Jane and she made some improvements in her dress, although she still wears inappropriate shoes. Jane also continues making personal calls during work time. The supervisor admits that they do not have a formal company policy, but insists that Jane only use the phone during her breaks. Jane expresses her confusion, as she sees her co-workers making and receiving personal calls during work time. Possible Solution: Prepare a formal company policy and hold all employees in compliance. Possible Solution: Address each inappropriate behavior (telephone usage, dress, etc.) individually instead of together and devise a plan for achieving performance standards. #20: Given a specific mailing job duty that occurred only once a week, Rayford has difficulty remembering all the steps involved with the process. His supervisor is tired of having to repeat the directions each week. Possible Solution: Mark the mailing dates on a calendar and prepare written directions. Possible Solution: If the mailing tasks in this job are a marginal function, re-assign task. #21: A Job Coach had been on the job site with Connie for two weeks, giving constant support to the supervisor and to Connie. The entire office was supportive of Connie and responded well to the Job Coach. It is now time for the Job Coach to reduce her time from the job site and let the supervisor assume more of a support role for Connie. The Job Coach senses panic from the supervisor and receives several calls each day with complaints like "Connie just walked into our boss's office and sat down at his desk." Possible Solution: Decrease working time with Connie and increase training time with the supervisor. Prepare a schedule for reducing the time the Job Coach will spend at the job site. #22: Sally, who has a developmental disability, works at a warehouse. For two weeks, Sally’s Manager trained her and directed her when to take a lunch break. At the end of the second week, the Manager was transferred. On that same day, her new manager did not direct her to take a break and so she worked six hours without a lunch break. Sally is very concerned that she may never be given an opportunity to take lunch breaks. Possible Solution: Provide an orientation and training for her new manager. Possible Solution: Provider Sally with a watch/timer device. Possible Solution: Designate a co-worker to act as a "buddy" telling Sally when it is time for her to go on break. #23: Rebecca, who has a spinal cord injury, loves her job, her co-workers and her supervisor. Recently, however, she has had difficulty making it to work on time and has been missing days due to problems with childcare. Possible Solution: It appears that the problem is unrelated to disability and specific to childcare. Rebecca’s employer does not have an obligation under the ADA to accommodate her childcare needs. However, if other employees are allowed consideration for childcare or other needs, Rebecca cannot be denied equal consideration. Show PowerPoint: Undue Hardship: Significant Difficulty or Expense Suggested Script: It is important to note in any discussion about reasonable accommodation that an employer must provide the accommodation unless it would pose an undue hardship. Undue hardship means significant difficulty or expense. The concepts of reasonable accommodation and undue hardship depend on the specifics of the particular situation and personnel involved. Suggested Script: When determining whether a particular accommodation would pose an undue hardship, the employer must base the decision on an individualized assessment. The Equal Employment Opportunity Commission (EEOC) states that the following factors must be considered when determining undue hardship: 1. the nature and cost of the accommodation needed; 2. the overall financial resources of the facility making the reasonable accommodation; the number of employees at this facility; the effect on expenses and resources of the facility; 3. the overall financial resources, size, number of employees, and type and location of facilities of the employer (if the facility involved in the reasonable accommodation is part of a larger entity); 4. the type of operation of the employer, including the structure and functions of the workforce, the geographic separateness, and the administrative or fiscal relationship between the facility involved in making the accommodation and the employer; 5. the impact of the accommodation on the operation of the facility. The next slides list examples of accommodations that are not considered to be reasonable. Show PowerPoint: Examples of Accommodations that are NOT REASONABLE: 1. Placing an applicant with a disability in a job for which he/she did not specifically apply. 2. Placing an individual with a disability into a job if doing so would create a direct threat to the health or safety of the individual or others. 3. Maintaining the salary of an employee reassigned from a higher-paying job to a lower-paying job, if the employer does not do so for other employees Show PowerPoint: Examples of Accommodations that are NOT REASONABLE (continued): 1. Eliminating essential functions of the job. 2. Lowering production standards. 3. Providing personal use items (e.g. prosthetic limb, eyeglasses, hearing aids, wheelchair, hot pot or refrigerator). 4. Creating a job. 5. Promoting an employee. 6. Bumping another employee from his/her job Suggested Script: Undue hardship is an extremely high standard and this decision is best left to management or the head of the company and should be documented. Suggested Script: It is important to put the concept of reasonable accommodation in perspective and remember that most employers are providing accommodations for their workers all the time just by being “good” employers. Since the ADA went into effect, we have seen that providing reasonable accommodation is generally not difficult for employers. Suggested Script: Most employers who engage in the interactive process find it to be beneficial. When employers engage in this process, they often are able to provide very effective reasonable accommodations for their employees. Even if an employer eventually concludes that a reasonable accommodation does not exist, all parties involved typically feel confident that the decision was made in good faith and without haste. Suggested Script: Employers should be aware that if the accommodations do not enable the person to do the job, or if work is not performed adequately, and all other avenues for providing accommodations have been exhausted, the same disciplinary actions taken with any employee should be enforced. Suggested Script: It is important to understand the intent of the law with regard to reasonable accommodation so that when the issue does arise in the workplace everyone will be well equipped to address it. Notes to Trainer: If you did not already do so, you should distribute the additional handouts / quizzes for this Module. (Handout: Famous People with Disabilities. Quiz: Facts and Figures, JAN: Example Accommodation Solutions for Functional Limitations). Reasonable Accommodation Copyright © 2004 by TransCen, Inc. [Ver. 5/05] +++ MODULE 3: HANDOUTS (Note: This handout is in a 6 point font in the corresponding Microsoft Word document.) A Process for Identifying a Reasonable Accommodation. Recommendations from the Equal Employment Opportunity Commission 1. Look at the particular job involved. Determine its purpose and its essential functions. 2. Consult with the individual with a disability to find out his or her specific physical or mental abilities and limitations as they relate to the essential job functions. Identify the barriers to job performance and assess how these barriers could be overcome with an accommodation. 3. In consultation with the individual, identify potential accommodations and assess how effective each would be in enabling the individual to perform essential job functions. If this consultation does not identify an appropriate accommodation, technical assistance is available from a number of sources, many without cost. There are also financial resources to help with accommodation costs. 4. If there are several effective accommodations that would provide an equal employment opportunity, consider the preference of the individual with a disability and select the accommodation that best serves the needs of the individual and the employer. (Note: This handout is in a 12 point font in the corresponding Microsoft Word document.) A Process for Identifying a Reasonable Accommodation. Recommendations from the Equal Employment Opportunity Commission 1. Look at the particular job involved. Determine its purpose and its essential functions. 2. Consult with the individual with a disability to find out his or her specific physical or mental abilities and limitations as they relate to the essential job functions. Identify the barriers to job performance and assess how these barriers could be overcome with an accommodation. 3. In consultation with the individual, identify potential accommodations and assess how effective each would be in enabling the individual to perform essential job functions. If this consultation does not identify an appropriate accommodation, technical assistance is available from a number of sources, many without cost. There are also financial resources to help with accommodation costs. 4. If there are several effective accommodations that would provide an equal employment opportunity, consider the preference of the individual with a disability and select the accommodation that best serves the needs of the individual and the employer. (Note: This handout is in an 18 point font in the corresponding Microsoft Word document.) A Process for Identifying a Reasonable Accommodation. Recommendations from the Equal Employment Opportunity Commission 1. Look at the particular job involved. Determine its purpose and its essential functions. 2. Consult with the individual with a disability to find out his or her specific physical or mental abilities and limitations as they relate to the essential job functions. Identify the barriers to job performance and assess how these barriers could be overcome with an accommodation. 3. In consultation with the individual, identify potential accommodations and assess how effective each would be in enabling the individual to perform essential job functions. If this consultation does not identify an appropriate accommodation, technical assistance is available from a number of sources, many without cost. There are also financial resources to help with accommodation costs. 4. If there are several effective accommodations that would provide an equal employment opportunity, consider the preference of the individual with a disability and select the accommodation that best serves the needs of the individual and the employer. FAMOUS PEOPLE QUIZ: The following famous personalities are individuals with hidden disabilities. Identify the paragraph that describes each person. Write the number next to the person’s name on the blank to the left of the paragraph. 1. Thomas Edison 2. Vincent van Gogh 3. Albert Einstein 4. Winston Churchill 5. Abraham Lincoln 6. Patty Duke 7. Tom Cruise 8. Walt Disney 9. Leonardo DaVinci 10. Harriett Tubman 11. Earvin “Magic” Johnson a. I am currently a very popular movie star. Some of the movies I have starred in are “Top Gun,” “Rain Man,” “A Few Good Men,” and “Jerry Maguire.” I learn my lines by listening to a tape because I have dyslexia. b. I struggled through grade school and lived with bipolar disorder. I later served as the Prime Minister of England. c. I was slow in school and had a hard time doing my work. I didn’t do anything well until I realized a real strength of mine was drawing. I became a well-known cartoonist and movie producer. Some famous amusement parks have my name. d. In the 1960s, I starred in a television show bearing my own name. I’m also an academy award winner. I co-authored a book and made for TV movie about my bipolar disorder. e. As a child, an overseer struck me. The blow fractured my skull causing me to have narcolepsy for the rest of my life. I rescued hundreds of slaves through the Underground Railroad. f. As the sixteenth president of the United States, I contributed to the end of slavery. I also suffered from a severe and incapacitating depression, which often led to thoughts of suicide. g. I was a brilliant artist with several famous paintings, including my own self portrait. I had severe mental illnesses, including bipolar disorder. h. I played NBA basket for 13 years with the LA Lakers. I played in 12 NBA All-Star games and won three MVP awards. In the early 1990s, I was diagnosed with HIV. i. I always had trouble learning. My teachers said I was “obnoxious” and had “artistic talent.” During my lifetime my artistic talent was expressed through architecture, painting, sculpture, and engineering. One of my best-known paintings is the Mona Lisa. j. My teachers thought I was slow and a dreamer. I didn’t learn to read until I was nine. I couldn’t get into college until I spent an extra year in preparation. After many failed jobs, I developed the theory of relativity. k. Because my head was very large at birth, people thought I was abnormal. My mother took me out of school and taught me. As an adult, I invented the electric light bulb and the phonograph. Adapted from: 1. Everybody’s Different: Understanding and Changing our Reactions to Disabilities, Miller, Nancy B. and Sammons, Catherine C. (1999). 2. Original Source: Unknown. Reproduced from Take A Walk In My Shoes - A Guide Book for Youth on Diversity Awareness Activities. Also found on: www.ldonline.org/kidzone/inter_act/celebrity_quiz.html. Page last modified 2/22/05. Information retrieved 2/24/05. 3. With information from NAMI: People with Mental Illness Enrich Our Lives. www.nami.org/Template.cfm?Secti on=Helpline1&template=/ContentManagement/ContentDisplay.cfm&ContentID=4858. Information retrieved 5/2/05. FAMOUS PEOPLE QUIZ: Answers a. 7 - Tom Cruise b. 4 - Winston Churchill c. 8 - Walt Disney d. 6 - Patty Duke e. 10 - Harriett Tubman f. 5 - Abraham Lincoln g. 2 - Vincent van Gogh h. 11 - Earvin “Magic” Johnson i. 9 - Leonardo DaVinci j. 3 - Albert Einstein k. 1 - Thomas Edison Famous People with Disabilities Jim Abbott, Lionel Aldridge, Chris Burke, Stephen Hawking, Henry Holden, Marlee Matlin, Terence Parkin, Itzhak Perlman, Christopher Reeve, Franklin Roosevelt, Marla Runyan, Mike Utley, Leo Tolstoy, Heather Whitestone, Virginia Woolf Jim Abbott: Jim Abbott has thrown a no-hitter, won Olympic gold in 1988, and been on “Letterman”. He is one of a handful of professional players who never once put on a minor-league uniform, jumping instead straight from college baseball to the big league. But those aren’t the only reasons we know Jim Abbott. He is the only player in major league baseball who was born with one hand. Abbott was able to reach the major league without having a right hand, and he quickly became one of the better pitchers in the game during the early 1990s. Lionel Aldridge: A defensive end for Vince Lombardi's legendary Green Bay Packers of the 1960s, Aldridge played in two Super Bowls. In the 1970s, he suffered from schizophrenia and was homeless for two and a half years. Until his death in 1998, he gave inspirational talks on his battle against paranoid schizophrenia. His story was featured in numerous newspaper articles. Chris Burke: Chris Burke, best known for the character Corky, played for four years on the television series, Life Goes On, and became one of America’s favorite personalities. Through his work, he was able to transform America’s image of people with disabilities. Ever since Chris spoke his first word, it became clear that he was a remarkable individual with many talents. Chris Burke was the first person with Down syndrome to star in a weekly television series. Currently, he serves as the National Down Syndrome Society (NDSS) Ambassador. Chris had the faith in his own abilities and the courage to face prejudice as he pursued his dream to become an actor. Today Chris travels all around the country delivering inspirational speeches to various groups of children, students, parents, and professionals. He not only serves as editor-in-chief of the NDSS magazine for teens and young adults with Down syndrome, but also writes a column and responds to readers and correspondence in a regular question-and-answer feature in the magazine. Stephen Hawking: Stephen Hawking knew what he wanted to do by the time he was eight years old. He did not want to study medicine, a career his parents hoped he would follow. Instead, Hawking decided to be a scientist and chose physics. Stephen was interested in studying the universe. He attended Oxford University in England as an undergraduate student. He received his PhD in 1966 from Cambridge University. By the time he was 35 years old, Hawking was Cambridge’s first Gravitational Physics professor and received the Lucasian Professor of Mathematics award. Stephen Hawking has also published a book called A Brief History of Time: From the Big Bang to Black Holes. The book tries to explain many of Hawking’s physical and mathematical ideas and calculations without using math. The book became a best seller and was made into a movie. When Stephen Hawking was 21 years old, he was diagnosed with amyotrophic lateral sclerosis (ALS), also know as Lou Gehrig’s disease. This disease attacks the nerves that control a body’s voluntary movements. It affects walking, speaking, breathing, swallowing, etc. At the time of his diagnosis, the doctors gave Hawking two years to live. Hawking has defied this time frame and is still working. Today, Stephen uses a wheelchair, cannot move much at all, has trouble holding his head up, and cannot speak. He now uses a special computer that displays the text he types and speaks what he types with an electronic voice. Henry Holden: From the time he was a young child, Henry Holden’s dream was that of becoming an actor. To date Henry has numerous acting credits to his name. He has made appearances on T. J. Hooker, M.A.S.H., AFTERmash, Hill Street Blues, Knots Landing, Hunter, Dear John, and Kids Incorporated. Henry also starred in a rock video, entitled, "I Got News for You." In addition to acting, Henry is an athlete, stand-up comic, and activist. Henry’s athletic accomplishments include downhill skiing, certified scuba diving, bowling a high score of 196 in league competition, flying gliders and single engine airplanes, riding at the National Horse Show at Madison Square Garden in New York City, and finishing in the Los Angeles Marathon. Finishing the New York City Marathon is on Henry’s "To Do" list! Henry Holden contracted polio during the 1952 epidemic. He was four years old at that time. His disability has never stopped him from pursuing a path of excellence in his life, even though he wears leg braces and uses crutches. In addition to his acting career he now speaks on the guest lecture circuit on college campuses across the country. Henry is a tireless advocate for the inclusion of people with disabilities in all forms of entertainment and media. He is the founder of Performers with Disabilities for the Screen Actors Guild, and recently, he was the recipient of the very first American Scene Award given by the Screen Actors Guild and the American Federation of Television and Radio Arts for the rock video he starred in entitled "I Got News for You." Henry’s motto is "Attitudes are the Real Disability!" Marlee Matlin: Marlee Matlin is an actress. Some of her films include Dead Silence, It’s My Party, Hear No Evil, Bridge to Silence, Walker, and Children of a Lesser God. In 1987, she captivated the world by winning the Academy Award for Best Actress in the film Children of a Lesser God. Marlee Matlin became deaf in infancy due to Roseola infantum. However, deafness has not disabled her or her career. Terence Parkin: Many swimmers competed in multiple events during the 2000 Olympics in Sydney, Australia. One of them was Terence Parkin of South Africa. Terence's events included the 200 and 400 meter individual medley, the 4x100 meter free relay, and the 100 and 200 meter breaststroke. He swam in a total of eight different qualifying and final races in five days during the Olympics. Terence finished fifth in the 400 meter individual medley. In the 200 meter breaststroke, he finished second to win the silver medal. What makes this 20-year-old Olympic swimmer somewhat unique is that he has never been able to hear a race starter's signal. Born deaf, Terence uses a strobe light similar to a camera flash to signal the beginning of the race. The Olympic competitor only began swimming at age 14. Now he holds three national records in South Africa and owns a silver medal from the Sydney Olympics. Itzhak Perlman: Perlman began his music career at the Academy of Music in Tel-Aviv, Israel. In 1958, at the age of 13, Itzhak Perlman won an Israeli talent competition. This win made it possible for Perlman to travel to the United States to tour and appear on television. He then stayed in the U.S. and continued his musical training at the Juilliard School in New York City. In 1964, Perlman won a contest among young musicians known as the Leventritt Competition. Winning this competition opened the door for young Perlman to perform his violin music all over the world. Itzhak, now one of the most acclaimed violinists of his generation, has performed with every major orchestra and in recitals and festivals the world over. In 1986, he received the nation’s Medal of Liberty from U.S. President Ronald Reagan. His joy in making music has captivated audiences and earned Perlman a great level of respect and admiration among people of many nations. Great violin concertos make up the core of Perlman’s recorded music, ranging from the baroque to the contemporary. Most recently, Perlman is featured in the hit new movie "Music of the Heart." Born (1945) in Tel Aviv, Israel, Itzhak Perlman contracted polio at age 4, permanently paralyzing his legs. He performs his music while seated and walks with crutches. Itzhak is a well known advocate for people with disabilities, actively promoting laws to ease access to buildings and transportation. Christopher Reeve: Christopher Reeve grew up in Princeton, New Jersey, with his mother and his stepfather. In 1977 Reeve was chosen from 200 hopefuls to star in Superman, for which he won the British Academy Award as best actor. During a cross-country event in May 1995, his horse balked at a rail jump, pitching Reeve forward where he landed head first. His injuries left the actor paralyzed, unable to use any of his limbs or even to breathe without the help of a respirator. Reeve dedicated much of his life to increasing public awareness about spinal cord injury and to raising money for research for a cure. He chaired the American Paralysis Association and served as vice chairman of the National Organization on Disability. Furthermore, Reeve founded the Christopher Reeve Foundation in 1996 to raise research money and provide grants to local agencies which focus on the quality of life of people with disabilities. Franklin Roosevelt: In 1928, Franklin Roosevelt was elected as the governor of New York. He then started campaigning for the presidency, and he became the 32nd president of the United States in 1932. Furthermore, by defeating Alfred Landon in 1936, Wendell Wilkie in 1940, and Thomas Dewey in 1944, he became the only American President to serve more than two terms. In 1921, Franklin Roosevelt contracted a near fatal case of polio that left him with limited physical mobility. He established a foundation at Warm Springs, Georgia to help other people who had polio, and he directed the March of Dimes Program that eventually funded an effective vaccine. As a result of polio, Roosevelt used a wheelchair and stood with the aid of steel leg braces. He tried numerous treatments, but was never able to walk on his own again. Marla Runyan: One of the women representing the United States in the 1500 meter track event at the 2000 Olympics was Marla Runyan. The American runner finished seventh in her preliminary heat and rose to sixth in the semifinals to qualify for the finals. During the final race, Marla lost track of the major competitors. She finished in eighth position, 3.20 seconds behind the gold medal winner. In 1996, Marla set several track and field records at the Paralympics in Atlanta, Georgia. Following that success, Marla wanted to compete in the 2000 Olympics in Sydney -- even though she is legally blind.  The 31-year-old runner has been diagnosed with Stargardt disease. This is a condition that leaves her with a limited ability to see what is in front of her. In Sydney, Marla became the first legally blind athlete to compete in an Olympics. Leo Tolstoy: Author of War and Peace, Tolstoy revealed the extent of his own mental illness in the memoir Confession. His experiences are also discussed in The D