shedding light on hidden disabilitiesosec.doc.gov/ocr/civilrights/disability docs... · shedding...

46
JAN is a service of the U.S. Department of Labor’s Office of Disability Employment Policy. 1 Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., JAN Co-Director Beth Loy, Ph.D., Principal Consultant

Upload: lamduong

Post on 09-Mar-2018

219 views

Category:

Documents


3 download

TRANSCRIPT

Page 1: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

JAN is a service of the U.S. Department of Labor’s

Office of Disability Employment Policy.

1

Shedding Light

on Hidden Disabilities

Anne E. Hirsh, M.S., JAN Co-Director

Beth Loy, Ph.D., Principal Consultant

Page 2: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Hidden Disabilities

Overview

JAN

“Hidden Disabilities”

Accommodation Process

Examples

Tips

Benefits and Costs

2

Page 3: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Hidden Disabilities

Overview

Job Accommodation

Americans with Disabilities Act / Rehabilitation Act

Entrepreneurship

3

Page 4: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Hidden Disabilities

Overview

Over 26 Years of Service

Experienced

Free

National

Easy to Use

4

Page 5: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Hidden Disabilities

Overview

Employers

Individuals

Service Providers

Others

5

Page 6: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Hidden Disabilities

6

Page 7: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Hidden Disabilities

Overview

36,000 contacts per year 10,000 electronic contacts

3,200,000 Webpage requests per year

7

Page 8: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Hidden disabilities can be any impairment

causing limitations:

not obvious to the naked eye;

not easily discerned by others; or

not noticeable in one’s speech, behavior, or

mobility.

Hidden Disabilities

8

Page 9: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Myths

Hidden disabilities are not believable.

Hidden disabilities are downplayed –not as severe as obvious disabilities like mobility impairments.

Hidden disabilities are hard to accommodate because the need is not obvious.

People with hidden disabilities do not need accommodations.

Accommodations are expensive.

Hidden Disabilities

9

Page 10: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

HIV/AIDS

Cancer

Diabetes

Heart conditions

Respiratory impairments

Vision loss

Hearing loss

Hidden Disabilities

Epilepsy

ADD

Sleep disorders

Migraine headaches

Fibromyalgia

Depression

PTSD

Learning disabilities

10

Page 11: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Cognitive Impairments

Learning, remembering, concentrating

Physical Impairments

Fatigue, gross or fine motor skills, sleeping

Psychological Impairments

Irritability, social interaction, managing stress

Sensory Impairments

Breathing, seeing, hearing

Hidden Disabilities

11

Page 12: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Limitations

Attendance

Concentration

Fatigue

Memory

Organization

Hidden Disabilities

Coworker Interaction

Working Effectively

12

Page 13: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Shedding Light On:

Concentration - Memory - Fatigue

Hidden Disabilities

13

Page 14: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Disclosure

Hidden Disabilities

14

Page 15: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Why Disclose

To ask for job accommodations

To receive benefits or privileges of employment

To explain an unusual circumstance

Hidden Disabilities

15

Page 16: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

How to Disclose

The individual must let the employer know:

an adjustment or change at work is needed for a

reason related to a medical condition

To request accommodation, an individual:

may use "plain English"

need not mention the ADA

need not use the phrase

"reasonable accommodation"

Hidden Disabilities

16

Page 17: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

How to Disclose

Verbally or in writing, tell the . . .

Employer,

Supervisor,

HR representative, or

Other appropriate person.

Hidden Disabilities

17

Page 18: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Accommodation Process

Hidden Disabilities

18

Page 19: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Hidden Disabilities

5. Monitor Accommodation

1. Define the Situation

2. Explore Accommodation Ideas

3. Choose Accommodation

4. Implement Accommodation

19

Page 20: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

1. Define the Situation Is this an accommodation request?

What are the person’s limitations?

What is the person’s job?

What is the person having difficulty doing?

Can medical information be obtained?

Is the condition progressive?

Hidden Disabilities

20

Page 21: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Example

A retired Army medic has difficulty managing stress

in the workplace due to her PTSD. Her stress

intolerance was intensified when she heard the

emergency medical helicopter arrive and depart

from the hospital where she worked as a nurse.

Hidden Disabilities

21

Page 22: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

ACCOMMODATION:

The nurse was reassigned to

a vacant position on a unit

that was far from the heli-pad

so she rarely heard the

helicopter. During times

when the helicopter staff

would practice maneuvers in

her area she was allowed to

work a flexible schedule.

Hidden Disabilities

22

Page 23: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Example

An individual is working at a museum that was

undergoing renovations. Interacting with

construction workers who were strangers caused

the employee extreme anxiety. As a result they

we either not coming in or leaving early.

Hidden Disabilities

23

Page 24: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

ACCOMMODATION:

The employer temporarily relocated the individuals work

station away from the construction. They also created

ID badges for the construction workers and required

them to sign in and out at a central location.

Hidden Disabilities

24

Page 25: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Attendance:

Allow flexible work environment:

Flexible scheduling

Modified break schedule

Leave for counseling

Work from home/Flexi-place

Hidden Disabilities

25

Page 26: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

2. Explore Accommodation Ideas Does the workplace need modified?

Does the job need modified?

Does a policy need modified?

Does a piece of equipment need modified or purchased?

Does a service need purchased?

Is reassignment appropriate?

Hidden Disabilities

26

Page 27: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Example

An accountant for a large agency had bipolar disorder.

His duties included research, writing, and filing reports.

He had difficulties with concentration and short-term

memory during very busy periods that required long

hours.

Hidden Disabilities

27

Page 28: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

ACCOMMODATION:

He was accommodated with a more consistent caseload

that did not result in extreme fluctuations in workload. He

was provided a work area that was away from noise and

given earbuds to listen to music. He also met briefly with

his supervisor once a week to discuss workload issues.

Hidden Disabilities

28

Page 29: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Concentration:

Reduce distractions in the work area:

Provide space enclosures, sound absorption

panels, or a private office

Allow for use of white noise or environmental

sound machines

Allow the employee to play soothing music using

an earbud and computer or music player

Plan for uninterrupted work time

Purchase organizers to reduce clutter

Hidden Disabilities

29

Page 30: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Concentration:

Increase natural lighting or provide full spectrum

lighting

Divide large assignments into smaller tasks and goals

Use auditory or written cues as appropriate

Restructure job to include only essential functions

Provide memory aids such as schedulers, organizers,

or email applications

Hidden Disabilities

30

Page 31: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

3. Choose Accommodations Does the accommodation meet the person’s

limitations?

What is the employee’s preference?

What is reasonable for the

business?

Is the accommodation

an undue hardship or

direct threat?

Hidden Disabilities

31

Page 32: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

ExampleA secretary with multiple

sclerosis and major depression

experienced extreme fatigue

during the afternoon.

Hidden Disabilities

32

Page 33: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

ACCOMMODATION:

The individual was accommodated with lateral filing

cabinets, a wireless headset, forearm supports, and an

articulating keyboard tray.

Hidden Disabilities

33

Page 34: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Fatigue:

Allow flexible work environment

Provide a goal-oriented workload

Reduce or eliminate physical

exertion & workplace stress

Implement ergonomic

workstation design

Hidden Disabilities

34

Page 35: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

4. Implement the Accommodation What is the installation process?

Is training necessary?

Does the accommodation work?

Has the accommodation been communicated to

essential personnel?

Hidden Disabilities

35

Page 36: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Example

An electrician with severe depression needed to attend

periodic licensure trainings. The person had difficulty

taking effective notes and paying attention in the

meetings.

Hidden Disabilities

36

Page 37: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

ACCOMMODATION:

The individual was accommodated with notes from a

remote Communication Access Realtime Translation

(CART) service.

Hidden Disabilities

37

Page 38: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Memory:

Allow use of job coach / Provide mentor

Provide minutes of meetings and trainings

Use auditory or written cues as appropriate

Allow additional training time

Provide written checklists

Use a color coding scheme to prioritize tasks

Use notebooks, planners, or sticky notes to record

information

Provide labels/bulletin board to assist in locating items

Hidden Disabilities

38

Page 39: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

5. Monitor the Accommodation Who will be responsible for monitoring

effectiveness?

Is there maintenance?

Are updates necessary?

How does the employee communicate changes to

the accommodation?

Have the employee’s

limitations changed?

Hidden Disabilities

39

Page 40: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Example

A clerk with a learning disability maintained files and had

difficulty categorizing and sorting paperwork.

Hidden Disabilities

40

Page 41: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

ACCOMMODATION:

The individual’s workspace was rearranged to eliminate

visual distractions. A checklist was developed to help

with task sequencing. The employer also provided

reading templates and colored marker tabs for filing.

Hidden Disabilities

41

Page 42: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Organization:

Use daily, weekly, and monthly task lists

Use calendar with automated reminders to highlight

meetings and deadlines

Use electronic organizers or mobile devices

Divide large assignments into smaller tasks and goals

Use a color coding scheme to prioritize tasks

Hidden Disabilities

42

Page 43: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Working Effectively:

What accommodations will work for individuals

when workplaces are

implementing substantial

changes?

What accommodations will help

supervisors and employees

work effectively?

Many accommodation ideas

are born from effective

management techniques.

Hidden Disabilities

43

Page 44: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Working Effectively:

Provide positive praise and reinforcement.

Develop clear expectations of responsibilities and the

consequences of not meeting performance standards.

Schedule consistent meetings with employee to set

goals and review progress.

Establish written long term and short term goals.

Develop strategies to deal with conflict.

Educate all employees on their right to

accommodations.

Do not mandate that employees attend social

functions.

Hidden Disabilities

44

Page 45: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Established in 1983 as a national, free service.

Specialize in job accommodations and the

employment provisions of the ADA.

Assist with the interactive process.

Give targeted technical assistance.

Provide comprehensive resources.

Maintain confidentiality.

Communicate via telephone, chat, text, TTY, relay,

email, and social networks.

Offer live and archived training.

Work as a partner in making model employers.

Hidden Disabilities

45

Page 46: Shedding Light on Hidden Disabilitiesosec.doc.gov/ocr/CivilRights/Disability Docs... · Shedding Light on Hidden Disabilities Anne E. Hirsh, M.S., ... Shedding Light On: ... Use electronic

Hidden Disabilities

Contact

(800)526-7234 (V) & (877)781-9403 (TTY)

AskJAN.org & [email protected]

46

http://AskJAN.org/landingpage/perspectives2010