Chapter 4: Steps to Eliminate Barriers Client Faces

CHAPTER 4: Steps to Eliminate Barriers Clients Face

MAKING PLANS WITH PERSONS WITH A DISABILITY

● Be realistic with the goals that are established. If a person has a goal that you believe is not possible, discuss what that person may need to learn either in school or through another route and discuss short-term goals that may be established to help that person meet their desired long-term goal or may help the person understand that an alternate goal may be a better idea. ● If an individual has never had a job, be sure to help that person understand how going to work will change his or her daily activities. Have the person discuss his or her normal routine, home and family responsibilities, regularly scheduled appointments and determine how the person plans to manage work and home activities effectively. (This would be a good discussion with any person who has never been employed or who has had a significant period of unemployment.) ● Give the person assignments that require him or her to complete certain tasks over a period of time so they can learn how to take responsibility. ● Assist the person in developing step by step activities in order to achieve a goal. ● Establish expectations. Do not allow the person with a disability to make an excuse as to why he or she cannot do an activity that can be learned or achieved. ● Be assertive and supportive at the same time. ● Assist the person in locating resources that may be required to help the person achieve a goal. ● Be patient and understand that the person may have never been in a work environment or an environment that has allowed exceptions because the person has a disability. ● Understand that a family member may be somewhat intrusive or may be very supportive. Determine how you can engage the family member in a positive way without that person taking charge of the planning you and the person with the disability have identified as productive steps. ● Be sure to explore how the person’s benefits will be affected by the plan and also services for which the person might be eligible to help facilitate the plan. ● Explore barriers that might need to be addressed.

Qualified Individual with a Disability

● To be protected by the ADA, a person must not only be an individual with a disability but must be qualified. An employer is not required to hire or retain an individual who is not qualified to perform a job. A qualified individual with a disability as a person with a disability who has:

● Experience ● Skills ● Education

● Can fulfill other job related “essential functions” of the job with or without an accommodation

Identifying the Essential Functions of a Job ● Sometimes it is necessary to identify the essential functions of a job in order to know whether an individual with a disability is "qualified" to do the job. The first consideration is whether employees in the position actually are required to perform the function

What is disability discrimination? ● Disability discrimination occurs when an employer treats a qualified individual with a disability unfavorably because she or he has a disability. Not everyone with a medical condition is protected by the law. In order to be protected, a person must be qualified for the job and have a disability as defined above.

THE REASONABLE ACCOMMODATION OBLIGATION

Questions to Consider:

● What limitations is the employee experiencing? ● How do these limitations affect the employee and the employee’s job performance? ● What specific job tasks are problematic as a result of these limitations? ● What accommodations are available to reduce or eliminate these problems? Are all possible resources being used to determine possible accommodations? ● Has the employee been consulted regarding possible accommodations? ● Once accommodations are in place, would it be useful to meet with the employee to evaluate the effectiveness of the accommodations and to determine whether additional accommodations are needed? ● Do supervisory personnel and employees need training?

The average job accommodation may cost any employer no cost or up to an average of $ 500. In some circumstances, it could cost more, but it is up to the employer as to how much can be spent based on their economic capacity.

Examples of Job Accommodations:

● Schedule for the person with a disability ○ Example: Could simply be an adjustment on work hours based on person’s available transportation options or in light of other factors such as impacts of medication at specific times of day ● Job sharing with another employee ● Job carving -creating a job requiring only specific functions of a position ● Equipment, lighting, work location in a facility ● Providing storage area that is secure for persons with diabetes for medication, syringes, etc. along with a private area that may be required for use of blood tests or insulin shots throughout the work hours ● Allowing for food breaks for persons who have diabetes or hyperglycemia ● Service animal access ● Sitting vs standing; standing vs sitting; walking, etc. ● Anti-fatigue mats ● Accessible parking

List of facts about the ADA.

· ADA.gov and ADA National Network offer information and technical assistance on the ADA. · Employment Rights, Who Has Them and Who Enforces Them and Frequently Asked Questions. · U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws against discrimination toward job applicants and employees with a disability.