Slide 1:
ADA Audio Conference Series
May 28, 2013
This session is scheduled to begin at 2:00pm Eastern Time
Real-Time Captioning and the PowerPoint Presentation are available through the Webinar Platform. Audio Connection is available through the webinar platform/telephone/Mobile App.

Slide 2:
Listening to the Session
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Slide 3:
Listening to the Webinar, continued
MOBILE Users (iPhone, iPad, or Android device (including Kindle Fire HD)) 
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Slide 4:
Captioning
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Slide 5:
Submitting Questions
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If you are connected via a mobile device you may submit questions in the chat area within                                                                                  the App                                                                                                       
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Please note: This webinar is being recorded and can be accessed on the ADA Audio Conference Series website at www.ada-audio.org within 24 hours after the conclusion of the session.   The edited written transcript will be posted at this same site within 7 business days following the conclusion of the session.
Slide 6:
Customize Your View
Resize the Whiteboard where the Presentation slides are shown to make it smaller or larger by choosing from the drop down menu located above and to the left of the whiteboard.   The default is “fit page”

Slide 7:
Customize Your View continued
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Slide 8:
Technical Assistance
If you experience any technical difficulties during today’s session:
In webinar platform:  Send a private chat message to the host by double clicking “Great Lakes ADA” in the participant list. A tab titled “Great Lakes ADA” will appear in the chat panel.  Type your comment in the text box and “enter” (Keyboard - F6, Arrow up or down to locate “Great Lakes ADA” and select to send a message ); or By Email webinars@ada-audio.org ; or Call 877-232-1990 (V/TTY) 

Slide 9:
Welcome!
Upcoming changes for federal contractors and subcontractors: Hiring and employing people with disabilities
Hannah Rudstam and Judy Young, Employment and Disability Institute, Cornell University, 2013

Slide 10:
Disclaimer
Information, materials and/or technical assistance are intended solely as informal guidance, and are neither determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA.
The Northeast ADA Center is authorized by the National Institute on Disability, Rehabilitation and Research (NIDRR) to provide information, materials and technical assistance to individuals and entities that are covered by the ADA.  The contents of this document were developed under a grant from the Department of Education, NIDRR grant number H133A110020.  However, these contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government.

Slide 11:
Goals for today…
The face of talent in your workplace
What gave rise to these changes 
The stats on people with disabilities and employment 
Quick overview:  The upcoming Rehabilitation Act 503 Guidelines 
Quick overview of ADA AA 
Issues in implementation
Best practices:  Compliance and beyond 
Resources and link

Slide 12:
http://autisticadvocacy.org/2012/02/new-proposed-regulations-to-section-503-of-the-rehabilitation-act/
Good overview of RA 503 Regs
New regulations to strengthen Section 503 of the Rehabilitation Act

Slide 13:
What is the face of talent?

Slide 14:
What is the face of talent?

Slide 15:
What is the face of talent?

Slide 16:
What is the face of talent?

Slide 17:
What is the face of talent?

Slide 18:
What is the face of talent?

Slide 19:
What is the face of talent?

Slide 20:
What is the face of talent?

Slide 21:
The face of disability is our face.  People with disabilities are in all walks of life, in all professions, and in all ages.  It’s about people, not pity.  Often, the biggest barrier is not the disability, but the attitudes of others.  It’s about ability, not disability.   See the person, not the disability

Slide 22:
Disability in America:  An Overview

Slide 23:
Disability inclusiveness and competitive advantage
Attracting Talent, Retaining Talent, reducing work absence, Access to a broader talent pool, Connecting with customers, Enhancing performance

Slide 24:
In the near future…
A greater portion of our workforce will be working with a disability.
Enhanced ability to diagnose disabilities earlier
Better treatments mean more people can work with disabilities
Improved assistive technology means the disability can be effectively accommodated in the workplace
Our population is aging

Slide 25:
15–24 Years 10.4 percent have a disability

Slide 26:
25-44 Years 11.4 percent have a disability

Slide 27:
45-54 Years 19.4 percent have a disability

Slide 28:
55-64 Years 30.1 percent have a disability

Slide 29:
65-69 Years 37.4 percent have a disability

Slide 30:
It’s about performance!
A study* of 314 workplaces found that employees with disabilities: 
Had the same job performance ratings as employees without disabilities
Did not require any more of supervisor’s time 
Were no more likely to be absent, late or have off-work time than any other employee
Did not have more workplace accidents
Were less likely to leave the job
*DePaul University and Disability Works. Exploring the Bottom Line:  A Study of the Costs and Benefits of Workers with Disabilities. Released January 28, 2007. Accessed March 31, 2008 at http://www.disabilityworks.org/downloads/disabilityworksDePaulStudyComprehensiveResults.doc 

Slide 31:
People with disabilities…
Have educational levels similar to others (National Organization On Disability/Kessler, 2010)*
Can be and are held to the same performance standards as any other employee (Office of Disability and Employment Policy)**
* http://www.2010disabilitysurveys.org/pdfs/surveyresults.pdf   
** https://disability.workforce3one.org/view/4011117431659720103/info

Slide 32:
A new study from the Job Accommodation Network…
Direct Benefits
87%--Accommodation enabled us to retain a valued employee
74%-- Increased employee’s productivity
55%--Increased employee’s attendance
54%--Saved worker’s comp costs
Indirect Benefits

69% Improved interactions with co-workers
61% Increased overall company morale
57%--Improved interactions with customers 
42%--Improved workplace safety
41%--Increased overall company attendance
*Source:  Job Accommodation Network (2007) Workplace Accommodations: Low Cost, High Impact.  U. S. Department of Labor.  Accessed May 3, 2008 at www.jan.wvu.edu/media/LowCostHighImpact.pdf

Slide 33:
Various studies have found that reasonable accommodations cost much less than employers expect.  A Job Accommodation Study* found: 49% of reasonable accommodations cost nothing 78% cost less than $500
*McNaughton, Tamie and Beth Loy.  Workplace Accommodations:  A Small Investment for a Large Return.  A paper presented at the Job Accommodation Webcast June 12, 23007.  Accessed March 31, 2008 at http://www.jan.wvu.edu/Teleconf/Events/2007/6-12-07_Handouts/WorkplaceAccomm.ppt#295,17, Workplace Accommodation: A Small Investment Yields Large Returns

Slide 34:
How are people with disabilities faring in today’s workplace?  

Slide 35:
Employment Discrimination Charges Filed with (EEOC) or (FEPA)
Most Common Basis for ADA Charges filed in U.S.: 2008-2010
1)	Discharge  59.14%
2)	Accommodation 29.94%
3)	Terms/Conditions 21.01%
4)	Harassment 16.12%
5)	Discipline 10.51%
6)	Hiring 6.1%
7)	Constructive Discharge 4.23%
Source: Calculations by S. von Schrader, Cornell University, Employment and Disability Institute, using the EEOC IMS files, 2008-2010. Development of this table was supported by Employer Practices Related to Employment Outcomes Among Individuals with Disabilities (H133B100017) funded by the U.S. Department of Education National Institute on Disability and Rehabilitation Research to Cornell University.

Slide 36:
Employment Discrimination Charges Filed with (EEOC) or (FEPA)
Most Common Basis for ADA Charges filed in U.S.: 2008-2010

1)	Retaliation 21.26%
2)	 Regarded As 12.23%
3)	Back Impairment 9.61%
4)	Other Orthopedic 7.19%
5)	Depression 6.23%
6)	Record Of 5.59%
7)	Diabetes 4.83%
8)	Anxiety disorder 4.37%
9)	Cardio Vascular 3.8%
10)	Bipolar Disorder 3.43%
Source: Calculations by S. von Schrader, Cornell University, Employment and Disability Institute, using the EEOC IMS files, 2008-2010. Development of this table was supported by Employer Practices Related to Employment Outcomes Among Individuals with Disabilities (H133B100017) funded by the U.S. Department of Education National Institute on Disability and Rehabilitation Research to Cornell University.

Slide 37
Trends in EEOC Charge Data: Across all EEOC Categories*
Total #:  In 2000:  79,896  In 2005: 75,428  In 2012: 99,412
Race %:  In 2000:  32.6%  In 2005:  35.5%  In 2012:  33.7%
Gender %:  In 2000: 31.5%   In 2005: 30.6%   In 2012:  30.5%
National Origin%:  In 2000: 9.8%  in 2005:  10.7%  In 2012:  10.9%
Religion%:  In 2000:  9.8%  in 2005:  3.1%  In 2012:  3.8%
Color%:  In 2000:  1.6%  In 2005:  1.4%  In 2012:  2.7%
Retaliation%:   In 2000:  27.1%  In 2005:  29.5%  In 2012:  38.1%
Retaliation Title VII:  In 2000:  24.7%  In 2005:  25.8%  In 2012:  31.4%
Age %:  In 2000:  20.0%  In 2005:  22%  In 2012:  23.0%
Disability%:  In 2000:  19.9%   In 2005:  19.7%  in 2012:  26.5%
Equal Pay%:  In 2000:  1.6%  In 2005:  1.3%  In 2012:  1.1%
Note:  Charges can be brought under more than one category
*EEOC (2012)  EEOC Charge Statistics FY 1997 – 2012.  Accessed at http://eeoc.gov/eeoc/statistics/enforcement/charges.cfm

Slide 38:
US Overall Employment Rates (%)
2008/2011:  With vs. Without Disability
Employment without Disability:  2008 79.9%  2011 75.6%
Employment with Disability:  2008  39.5%  2011 33.4%
Gap:  2008  40.4%  2011 42.2%
*Adapted from:  Erickson, W., Lee, C., & von Schrader, S. (2012). Disability Status Reports: United States and Puerto Rico. Ithaca, NY: Cornell University Employment and Disability Institute(EDI).  Accessed at http://www.disabilitystatistics.org.

Slide 39:
US Overall Full-Time/Full-Year Employment Rates (%) 
2008/2011:  With vs. Without Disability
Employment without Disability:  2008  60.4%  2011 55.5%
Employment with Disability:  2008 25.4%  2011 20.7%
Gap:  2008  35%  2011 34.8%
*Adapted from:  Erickson, W., Lee, C., & von Schrader, S. (2012). Disability Status Reports: United States and Puerto Rico. Ithaca, NY: Cornell University Employment and Disability Institute(EDI).  Accessed at http://www.disabilitystatistics.org. 

Slide 40:
Poverty Rates (%) US & Puerto Rico 
2008/2011:  With vs. Without Disability
Employment without Disability:  2008  9.6%  2011  12.4%
Employment with Disability:  2008  25.3%  2011 27.8%
Gap:  2008  15.7%   2011   15.4%
*Adapted from:  Erickson, W., Lee, C., & von Schrader, S. (2012). Disability Status Reports: United States and Puerto Rico. Ithaca, NY: Cornell University Employment and Disability Institute(EDI).  Accessed at http://www.disabilitystatistics.org. 

Slide 41:
Disability Laws
Rehabilitation Act
ADA Amendments Act

Slide 42:
About the Rehabilitation Act of 1973
…Prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in title I of the Americans with Disabilities Act 

Slide 43:
The Rehabilitation Act
Passed in 1973
The ADA largely mirrors the Rehabilitation Act
Has largely not been enforced when it comes to employment for people with disabilities in federal agencies or contractors
Sections:  
501:  Applies to federal agencies of the executive branch
503:  Applies to federal government contractors and subcontractors with contracts of more than $10,000
504: Applies to programs and services getting federal aid or financial assistance such as educational institutions, hospitals and other human service programs
508: Applies to accessibility of information technology developed  or used by the federal government 

Slide 44:
Other legal/policy changes:
Emerging federal contractor guidelines

Section 503 Rehabilitation Act enforced by OFCCP
OFCCP took public comment until Feb 21, 2012
Covers federal employers, contractors and subcontractors with at least $10,000 in federal contracts, representing roughly 20% of the total US workforce
Increased accountability for disability hiring for federal entities

Slide 45:
Highlights of Requirements*
Goals: Might have hiring goals (7%) 
Data Collection:  Contractors must invite applicants and employees to self-identify as having a disability
Record-Keeping:  Contractors must track number of applicants and new-hires with disabilities 
Accommodation Requests: Requires written procedures for accommodation requests
*For more information, go to http://www.dol.gov/ofccp/503

Slide 46:
Highlights of Requirements*
Outreach: Requires the establishment of linkage agreements with national and local organizations 
Job Listings: Contractors must list job openings with American Job Centers or other appropriate employment delivery systems
Annual Reviews: Requires contractors to undertake annual reviews of their HR processes 
ADAAA Updates:  Must update HR processes to incorporate ADA AA changes 
*For more information, go to http://www.dol.gov/ofccp/503

Slide 47:
What does this mean to employers?
Heightened accountability:
Recruiting
Hiring
Accommodation 
Termination
Need to build partnerships with disability related entities
Heightened tracking requirements around disability hiring and employment 

Slide 48:
But I thought we weren’t supposed to ask whether applicants or employees have disabilities?
Employers can make disability inquiries of applicants or employees if the disability inquiry:
Is needed to comply with a law
Will be used to benefit people with disabilities in the workforce (e.g. develop programs/policies or evaluate progress in disability inclusiveness)
Is voluntary (no penalties for not responding)
Is anonymous and confidential (data must be aggregated such that it cannot be linked to an individual)

Slide 49:
Disability Laws
ADA Amendments Act (ADAAA)

Slide 50:
1990:  ADA and Employment (Title I)
Enforced by Equal Employment Opportunity Commission (EEOC)
15 or more employees
Protects against disability discrimination in all employment processes
Limits employer disability inquiry
Reasonable accommodation unless there is undue hardship 

Slide 51:
Who is covered (has rights) under the ADA?
Applies to applicants or employees who:
Have a disability
Have a record of having a disability
Are regarded as having a disability 

What is a “disability?” 
…A physical or mental impairment that substantially limits one or more major life activities* 
* http://www.eeoc.gov/laws/regulations/ada_qa_final_rule.cfm

Slide 52:
What are some recent changes?
The ADA Amendments Act (ADAAA)
What gave rise to ADAAA?
Supreme Court decisions narrowed original disability definition
The “catch 22” of disability definition

ADAAA has broadened (or re-stored) the definition of disability 

Courts now directed to pay more attention to the discrimination event itself and less to whether the person has a disability 

Slide 53:
What are some recent changes?
The ADA Amendments Act (ADAAA)
Wording of disability definition has not changed
Meaning of the words/phrases have changed
Illustrative lists
Mitigating measures
Episodic conditions
“Regarded as” strengthened

Slide 54
ADAAA:  Impairments that easily should be found to be disabilities under the ADA (Non-exhaustive list)
Deafness
Blindness
Use of wheelchair
Intellectual disability
Partially or completely missing limbs
Autism
Cancer
Cerebral palsy
Diabetes
Epilepsy
HIV infection
Multiple sclerosis
Muscular dystrophy
Major depressive disorder
Bipolar disorder
PTSD
Obsessive-compulsive disorder
Schizophrenia

Slide 55:
What does all this mean to employers? 
Consider these ten strategies…

Slide 56: 
1.	Designate disability-related expertise

Slide 57:
2.	Review your current general policies:
Performance standards
Codes of conduct
Recruitment practices

Slide 58:
3.	Review your current disability policies:

Accommodation policies & practices
Leave and reassignment practices

Slide 59:
4.	 Create new partnerships for recruitment

American Job Centers
State Vocational Rehabilitation Agencies
Other community disability agencies

Slide 60:
5.	Build capacity to track and report disability – related actions

Slide 61:
6.	Build in analysis prior to taking adverse impact

Slide 62:
7.	Review accommodation practices
Internal accommodation request process unduly burdensome?
Good faith effort—one accommodation  attempt may not be enough
Leave and re-assignment should be last resorts
Beware of no-fault or 100% healed and leave policies

Slide 63:
8.	Track disability information 
In recruiting 
In hiring
In accommodating 
In other areas of employment

Slide 64:
9.	Make sure face-to-face leaders are on board  
Mid-level managers need to be able to recognize and accommodation request
Develop policies and training for managers/supervisors

Slide 65:
10.	It’s not just about compliance & reporting! 
Spread the word:  The business case
Build a process to use tracked information to improve workplace policies and practices
Building a climate of trust and openness so employees come forward with an accommodation request

Slide 66:
ADA National Network
Request Technical Assistance: 
1-800-949-4232 or
http://adata.org/content/email-us 
Find your Regional Center at: www.adata.org 

EARN (Employer Assistance and Resource Network)
Visit www.AskEARN.org  
Request Technical Assistance: EARN@AskEARN.org or 
855-Ask-EARN (275-3276) 
Join Our Network: http://askearn.org/newsletter.cfm 

The contents of this presentation were developed under a grant from the Department of Education, NIDRR grant number H133 A110020.  However, those contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government.

Slide 67:
Thank you for participating in today’s 
ADA-Audio Conference Session
The next scheduled session is:
Service Animals in Post Secondary Education Settings
June 18, 2013
Register at:  www.ada-audio.org or call 877-232-1990 V/TTY