DRS employees John Allen and Pat Sitter presented a program on adapting the workplace with assistive technology such as ergonomically correct keyboards, mice and workstations, as well as examples of reengineering work carts for manual labor jobs.

Allen and Sitter, both occupational therapists and assistive technology specialists, can conduct workplace assessments to gauge ergonomic needs.  First they look at body positioning to try to create the most natural working position.  They can then adjust with ergonomic tools to prevent workers from using the wrong motion and relieve pain and pressure.

Other devices demonstrated were hands-free computing using a mouse mounted on the head to “type” on an online keyboard or speaking with “natural” voice recognition software such as Dragon.
Peggy Fields, program director for rehabilitation technology services for the Department for the Blind and Vision Impaired, described different low vision conditions and levels of acuity that workers may experience.  She showed several computer magnification tools, document scanners and programs that “talk” to workers to assist in daily tasks such as reading email.

Kate Kaegi and Lynette Uzel , vocational counselors with DRS, discussed how they conduct vocational evaluations.  They interview job candidates extensively to obtain clinical history, intellectual aptitude and behavioral patterns.  Both formal and informal testing is designed to glean career interests, temperament and motor skills.

“Most people have no idea what type of work they want,” says Kate Kaegi.  They use programs such as Oasis to aid in career planning.  “We gather information so we can help them make appropriate choices and narrow down their options.”

Commissioners Jim Rothrock of the Department for Rehabilitative Services and Ray Hopkins of the Department for the Blind and Vision Impaired attended the VABLN Event and made opening remarks.

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While most of the organizations polled reported a strong commitment to disability employment, less than half target those with disabilities in their recruitment efforts.  Slightly over a quarter recognized and/or took advantage of tax incentives for hiring people with disabilities or set hiring goals.  Perhaps most frustrating was the attitude of respondents about training human resource professionals on interviewing disabled applicants.  While most said that the training was effective, almost 20% responded negatively, saying that it was “not effective”.

If those with disabilities were playing on the same field as others these numbers wouldn’t be of such concern.  As the general unemployment numbers continue to show signs of improvement, however, the unemployment rate for disabled workers has actually risen over the past year.  As the United States hovers around 8%, the unemployment rate for workers with a disability has risen from 15.4% to 15.8% over the last year.  Senator Tom Harkin (D-Iowa) pointed out in recent hearings that “…the number of Americans with disabilities participating in the labor force has gone down by more than 500,000 workers since the recession began…”  That’s a half a million employable people.

As more and more Americans continue to look for work, and as Washington continues to struggle with the debt crisis, it would seem that making an effort to employ people would be a higher priority for businesses.

This priority should focus on all people.

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Join the Virginia Business Leadership Network on May 10^th at the Virginia Department of Rehabilitative Services to learn more about assistive technology.

Registration for the event is $15. The program begins at 9:00 am. Networking and light refreshments will be available starting at 8:00 am.

HRCI Credits will be offered. Take advantage of this opportunity for hands on experience using some of the newest software for speech recognition. See examples of low tech, mid tech and high tech assistive technology.

Click here to register for the event!

Program Presenters

• John Allen
• Peggy Fields
• Kate Kaegi
• Pat Sitter
• Lynette Uzel

Kate Kaegi has over 12 years of experience as a vocational evaluator with the Virginia Department of Rehabilitative Services.  She provides vocational evaluation services to adults and transitioning youth with a range of disabilities.  She graduated from East Carolina University with a dual graduate degree in Vocational evaluation and Rehabilitation Counseling. She is a Certified Rehabilitation Counselor and is the current president of the National Vocational Evaluation and Career Assessment Professional’s Association.

Pat Sitter, a graduate of The College of St Catherine in St. Paul, Minnesota, is an occupational therapist specializing in assistive technology for the past twenty five years at Woodrow Wilson Rehabilitation Center, Fishersville Virginia and the Department of Rehabilitative Services.  Pat worked with Bob Crawford, computer systems engineer, in developing one of the first Computer Accommodation Labs in the Commonwealth of Virginia in 1989.  She has provided assistive technology services in the areas of hand-held technology, computer accommodation, augmentative and alternative communication, seating and positioning, Americans with Disabilities Act training and assessments, ergonomic assessments, and home and work site assessments.  Pat has earned her Assistive Technology Professional (ATP), certification through The Rehabilitation Engineering and Assistive Technology Society of North America.

Lynette Uzel is a Licensed Professional Counselor with twenty-five years of experience providing individual and group counseling and educational services in addition to psychoeducational assessments.  A Psychoeducational Evaluation is a comprehension assessment of an individual’s cognitive abilities, academic achievement and personality/adjustment factors.  The information is used by DRS counselors to determine eligibility for services as well as to assist with vocational planning.

John Allen and Peggy Fields bios to come.

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• A request for accommodation does not have to be in writing.  A verbal request is enough, and the employee doesn’t even have to mention the ADA.
• If the employer knows that the employee has a disability or is experiencing a health situation, it the the employer’s responsibility to provide reasonable accommodation or at least begin the process.

A great resource for more information on the ADA or other related legislation is the Job Accommodation Network.  Our friends at Sands Anderson put together a great presentation that puts things in very clear language.  You can download the full pdf here.

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But what about non-government websites?  Isn’t the idea of a website broader accessibility for customers, potential employees and the general public?  Making your website more accessible to more people makes good business sense.

We had a wonderful presentation on web accessibility on February 9.  Did you miss it?  Fear not, for you can download the entire presentation right here.

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Last week I was riding along in my car and listening to WRVA.   They were discussing the final settlement that Virginia was making with the Department of Justice regarding the failure of Virginia to serve individuals with intellectual and developmental disabilities in an integrated setting.

Virginia will end up closing four state facilities by 2020. I was immediately curious about the terms of the settlement and wanted to know more. Being a state employee and working day in and day out to improve the quality of the lives of people with disabilities, I was encouraged by the news. Later in the day I got more news on the specifics of the settlement.   Simply put, it levels the playing field for people with disabilities, which is the overall intent of the Americans with Disabilities Act, and the settlement reflects that.  Community services and support will be made more available statewide to families that have loved ones in need of these programs.

I was glad that other measures were put into place from the settlement:

• 805 home and community based waiver slots to transition individuals from training centers back to the community.
• 2,915 waiver slots for individuals with intellectual disabilities to reduce the urgent waiver wait list that most families now have to deal with.
• 450 new waiver slots for individuals with developmental disabilities.   This,  like the intellectual waiver slots, should help families get access to services without being put onto a waiting list.

Overall,  it looks like the settlement will provide more access to services for Virginia families.  And it certainly sounds like a win for people with disabilities!

Wes Seaton is the Marketing Specialist, Center for Career and Business Development, Commonwealth of Virginia Rehabilitative Services.

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Thomas Bowden, counsel with Sands Anderson, will discuss the evolving landscape of legal decisions, rulings, and settlements addressing website accessibility. Most companies conduct business over the web, and Bowden will review ways they can mitigate their exposure to federal ADA action and private lawsuits based on federal and state laws. He will also discuss technology and assistive solutions.

Bowden has extensive experience in corporate law and holds a BV distinguished rating in the Martindale-Hubbell Peer Review. He is listed in the Virginia Business Magazine’s Legal Elite and the Virginia Super Lawyers directory.

Karen Elliott, counsel at Sands Anderson, will discuss ADA compliance under the new regulations and how courts may be trending back to requiring employees to be disabled from an entire class of jobs. In addition, she will discuss how the broadened definition of disability works with federal initiatives to employ individuals with disabilities.

Elliott is a member of the Business and Professional Litigation practice group and its Employment Law team. She focuses her practice on labor and employment law counseling and trial work.

The Virginia Business Leadership Network is a business-to-business association with a focus on increasing workforce and marketplace diversity through the inclusion of individuals with disabilities. This is the first of the VABLN’s 2012 program series.

Seats for this event are limited. For more information and registration, contact us.

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The gist of the question revolved around making a high school diploma a job requirement.  Is this a requirement that would be in opposition to ADA?

We’re trying to figure out what sort of job would make that a prerequisite.  If you’re applying to be an engineer, an employer might expect some proficiency in math.  If you’re applying to be a garbage collector, an employer might expect you to be able to lift a waste bin.  If you’re applying to be a lion tamer, an employer might expect you to have some experience working with animals.

The response from the EEOC was that “If an employer adopts a high school diploma requirement for a job, and that requirement ‘screens out’ an individual who is unable to graduate because of a learning disability that meets the ADA’s definition of ‘disability’, the employer may not apply the standard unless it can demonstrate that the diploma requirement is job related and consistent with business necessity.”

The ADA act requires that an employer make a ‘reasonable accommodation’ for a candidate to perform a job task.  If a candidate with a learning disability can demonstrate that they can perform a job’s essential function, either with or without a reasonable accommodation, then a requirement of a high school diploma would be exclusionary.  The employer must demonstrate that a diploma is a “business necessity”.

The definition of disability at the EEOC states, “a person may be disabled if he or she has a …mental condition that …limits a major life activity (…such as learning).”  There are clearly many occupations that would be appropriate for an individual meeting this criteria.

The telling thing about the EEOC response is that it was an “informal discussion letter” and should “not constitute an official opinion of the Commission.”  We kind of think that they should have an opinion.  An employer should look first at whether or not a candidate can perform the essential functions of the job.

The piece of paper should be secondary.

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To register, go to www.ssbbartgroup.com/webinars.php

Workplace Accessibility increases productivity, maximizes employee talent while minimizing legal risk and exposure. Successful businesses know that people with disabilities are the second largest minority group in the US. The value of accessing this group includes an expanded talent pool, higher profits, and an increased market share. A team of experts will discuss the importance of workplace accessibility, strategies for insuring productive communication between applicants and employees with disabilities, and effective accessibility practices used by other employers. This workshop provides expert knowledge and guidance, engaging discussion, practical resources, and action planning. The goal is to help those interested in workplace accessibility issues expand their thinking and actions. Participants will leave the session with a better understanding of the broader issues of workplace accessibility, as well as tools to use in making a workplace.

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Tuesday, January 24, 2012
2:00 – 3:30 pm EST
Webcast sponsors: SSB BART Group & ADA National Network

Participant Fee: $45.00

CLICK HERE TO REGISTER NOW!
(Registration Deadline: January 19 by 5:00 pm EST)

DO YOU HAVE FEDERAL CONTRACTS?

• Do you know that on December 9, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a Notice of Proposed Rulemaking to strengthen the current affirmative action employment requirements for people with disabilities?
• Do you know that the comment period closes on February 7, 2012 and the final regulations are expected by the end of the year?
• Would you like to learn from the leading disability policy expert about the “what” and “why” major changes were proposed by OFCCP?

ARE YOU PREPARED TO IMPLEMENT THE KEY PROPOSED REQUIREMENTS?

• What are the implications of the new proposed policy requiring contractors to invite a job applicant to voluntarily self-identify as a person with a disability?
• How will you develop a plan to meet the 7% hiring goal?
• How will you document your outreach and recruitment efforts?
• How will you manage the data collection?
• What is involved in the Annual Survey?
• How will this impact your accommodation policies and processes?
• What new information do you need to include in your employee training?

ABOUT THE PRESENTER

• Bobby Silverstein has worked with USBLN on numerous projects and conducted webinars for us.
• Bobby Silverstein is an attorney with over 35 years experience working in the field of disability policy. Currently, Bobby is a principal in the law firm of Powers Pyles Sutter & Verville, PC.
• Bobby is the also the former staff director and chief counsel for the Subcommittee on Disability Policy of the Senate Committee on Labor and Human Resources where he was the behind-the-scenes architect of more than 20 bills enacted into law, including the landmark Americans with Disabilities Act and amendments to Section 503 of the Rehabilitation Act.
• Bobby is a leading legal and policy expert on Section 503 and has conducted extensive research focused on identifying “best practices” for recruiting, hiring, retaining, and advancing in employment qualified persons with disabilities.

QUESTIONS?
Contact Maggie Roffee, Senior Corporate Relations Manager, USBLN at maggieroffee@msn.com.

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