Americans with Disabilities Act

1
Americans with Disabilities Act

• Successful Reasonable Accommodation Process
• Title I Employment
• Southwest ADA Center
• PRESENTER
• Julie Ballinger, Southwest ADA
  Center Regional Affiliate
• Disability Rights and Issues
  Consultant
• StarReach Enterprises
  
  
• 505.797.8612
  julieb4_at_flash.net
• The information herein is intended solely as
  informal guidance and is neither a determination
  of your legal rights or responsibilities under
  the Act, nor binding on any
• agency with enforcement responsibility under the
  ADA.

2
The ADA Resource!

• Expert staff are available to provide training,
  publications and respond to your inquiries.
• Hot Line 1-800-949-4232
• Web Site www.southwestADA.org
• Check out the Archived Webinars and Podcasts!

• The Leading Resource On
• ADA ADAAA
• Other disability related laws such as IDEA
• Making information technology accessible
• Services a wide range of audiences including
• employers
• businesses
• government agencies
• WIA Workforce System
• schools
• people with disabilities

3
Housekeeping

• Training Process and Goals
• Training is 3 hours
• Ask questions / Interactive discussion / Learn
  from each other
• Raise to the level of participants existing
  knowledge
• Interactive Exercises
• Not about getting through the whole PowerPoint
  only a framework to advance what you want to
  explore / examine
• Is designed to have extensive info for future
  reference
• Materials
• PowerPoint (includes Resources)
• Evaluation
• Possible Pre Post Survey

4
The PowerPoint ContentsNote Model Reasonable
Accommodation Policy on SPO website

• Employment Trend Why Create a Culture of
  Inclusion?
• Covered Entities - Public vs. private employer
  requirements
• Brief overview of who is covered now (ADAAA)
• Important EEOC guidance documents
• Getting to the workplace accommodations process
• Disability Inquiries
• Enacting and satisfying the reasonable
  accommodations process and requirements
• What is unreasonable?
• Qualification/performance and conduct standards
• Direct threat and reasonable accommodations
• Undue hardship
• Policy and Procedure Models and Webcast
• Best practices and successful reasonable
  accommodations process tips
• Interactive Exercise
• Appendix
• Types of accommodations - including the not so
  obvious
• GREAT ADA Technical Assistant resources

5
QUESTIONS? Ask Anytime
6
The Business / Employment Case Why Create A
Culture of Inclusion? 

• 18 to 20 percent of Americans have a disability. 
  The largest percentage (70) of disabilities are
  those that are hidden. 
• Some 58 million adults, 34 percent of people age
  18 to 65, have at least one chronic condition and
  19 million adults (11) have two or more chronic
  conditions. 
• It is estimated that by the year 2020 half of the
  U.S. population will have at least one chronic
  condition and one-quarter will be living with
  multiple chronic conditions.
• On January 1, 2011, the first of the 83
  million-strong wave of boomers began to reach
  retirement age and every day approximately 10,000
  more employees reach this milestone. Many of
  these employees will retire creating a shortage
  of workers in various industries.
• In the next 5 years, there will be about 10
  million more jobs
• than people to fill them. 

7
The ADA

• This Act is powerful in its simplicity. It will
  ensure that people with disabilities are given
  the basic guarantees for which they have worked
  so hard independence, freedom of choice, control
  of their lives, and the opportunity to blend
  fully and equally into the rich mosaic of the
  American mainstream.
• President George Bush at the Signing
• of the American with Disabilities Act of 1990

8
Sociological Perspective of Access

• Categorization/labeling of some people as
  disabled and others as non-disabled depends
  upon societys relative ideas
• what activities people should be able to do and
• how they should be able to do it
• Just imaginewhat if

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Public vs. Private Employer

• Private Employers ADA Title I
• 15 or more employees (also check your state/city
  law)
• Government Employers ADA Rehab Act Sec. 504
• Covered regardless of number of employees
• Obligations under 504 are essentially the same as
  the ADA
• require formalized documentation of compliance
  efforts
• appointment of a 504/ADA Coordinator
• establishment of grievance procedures to address
  disability-related complaints, including those of
  employees
• Widely publicize the grievance procedures
  throughout the institution
• Also covered
• Employment agencies
• labor organizations
• joint labor management committees

10
Definition of Disability - ADA Amendments
ActSigned September 25, 2008 / Enacted January
1, 2009 Regulations Published March 11, 2011 /
Regulations Effective May 24, 2011 Negates US
Supreme Court Rulings that narrowed the
definition of disability

• The ADAAA retains without amendment the existing
  definition of the term disability but clarifies
  the key words and phrases in the definition.
• The term disability means, with respect to an
  individual
• who has a physical or mental impairment that
  substantially limits one or more major life
  activities or
• has a record of such an impairment or
• is regarded as having such an impairment-even if
  he or she does not, in fact, have such an
  impairment (actual or perceived)
• Also covered are individuals who are
  discriminated
• against due to their association with a person
• with a disability.

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Major Life Activities (examples and
non-exhaustive list)

• GENERAL
• caring for oneself
• performing manual tasks
• seeing
• hearing
• eating
• sleeping
• walking
• standing
• lifting
• bending
• speaking
• breathing
• learning
• reading
• concentrating
• thinking
• communicating
• working

• MAJOR BODILY FUNCTIONS
• immune system
• normal cell growth
• digestive
• bowel
• bladder
• neurological
• brain
• respiratory
• circulatory
• endocrine
• reproductive functions

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ADAAA - Who is protected?

• The definition of disability broader coverage
  Major life activities now includes bodily
  functions.
• Substantially limits to be interpreted
  consistently with the ADAAA (rejects prevent or
  severely restrict too demanding)
• Substantially limits only one major life
  activity has to be limited
• Episodic or in-remission impairment covered if
  substantially limits a major life activity when
  active
• Eliminates mitigating measures test
• Only mitigating measures that can be considered
  ordinary eyeglasses or contact lenses fully
  correct visual acuity or refractive error
• No discrimination on the basis of uncorrected
  vision in determining qualification
  standards/selection criteria -- unless job
  related consistent with business necessity.
• Individuals who are otherwise qualified and can
  prove
• discrimination are entitled to relief.

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Substantial Limitation

• An individual is substantially limited in a major
  life activity
• If the individual is substantially limited
  (consistent with the ADAAA) as to the condition,
  manner, or duration in performing a particular
  major life activity
• As compared to the condition or manner under
  which the average person in the general
  population can perform that same major life
  activity.
• Intent of Congress courts to focus on if
  covered entities have complied with their
  obligations (not on intensive analysis of
  disability)

14
Record of Disability / Regarded As

• Record of no specific changes in the ADAAA
• EEOCs long-held position that accommodation
  available for record of if still needed
• Regarded As An individual meets this
  requirement if discriminated against because of
  an actual or perceived physical or mental
  impairment
• Whether or not the impairment limits or is
  perceived to limit a major life activity
• ADAAA intent discrimination on the basis of
  disability
• Dont have to provide reasonable accommodations
  to individuals who are considered regarded as

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Transitory And Minor Impairments

• Impairments that are not usually disabilities
• Temporary, non-chronic impairments of short
  duration with little or no residual effects (such
  as the common cold, seasonal or common influenza,
  a sprained joint) usually will not substantially
  limit a major life activity.
• Regarded As does NOT apply if
• The impairment is both transitory AND minor.
• lasting or expected to last for six months or
  less rule only applies to Regarded As
• NOTE Actual Disability
• An impairment may substantially limit a major
  life activity even if it lasts, or is expected to
  last for fewer then six months and reasonable
  accommodations may need to be provided
• Example Employee has 2 broken arms from a car
  accident that are expected to heal within 4 to 6
  months.

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For additional information and detail guidance on
the ADAAA go to www.eeoc.gov

• Questions and Answers on the Final Rule
  Implementing the ADA Amendments Act of 2008
• http//www.eeoc.gov/laws/regulations/ada_qa_final_
  rule.cfm
•  
• Fact Sheet on the EEOCs Final Regulations
  Implementing the ADAAA
• http//www.eeoc.gov/laws/regulations/adaaa_fact_sh
  eet.cfm 
• Final Regulations Implementing the ADAAA
• http//www.federalregister.gov/articles/2011/03/25
  /2011-6056/regulations-to-implement-the-equal-empl
  oyment-provisions-of-the-americans-with-disabiliti
  es-act-as
• The ADA Amendments Act can be found on the EEOC
  website
• http//www.eeoc.gov/laws/statutes/adaaa.cfm

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The ADA Coverage Exclusions

• current illegal drug addiction / psychoactive
  substance use disorders resulting from current
  illegal use of drug
• compulsive gambling
• pedophilia / exhibitionism / voyeurism /
  other sexual behavior disorders
• kleptomania
• pyromania
• gender identity not resulting from a physical
  condition
• Transvestitism
• Transsexualism
• Remember the ADA was passed in 1990 when little
• was known or accepted and would have been

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Important Technical Assistance Guidance from
EEOC that I will be referencing

• ADA Enforcement Guidance Pre-employment
  Disability-Related Questions and Medical
  Examinations www.eeoc.gov/policy/docs/preemp.html
  
• EEOC Enforcement Guidance on Disability-Related
  Inquiries and Medical Examinations of Employees
  Under the Americans with Disabilities Act
  www.eeoc.gov/policy/docs/guidance-inquiries.html
• The Family and Medical Leave Act, the Americans
  with Disabilities Act, and Title VII of the Civil
  Rights Act of 1964 www.eeoc.gov/policy/docs/fmlaad
  a.html
• The Americans With Disabilities Act Applying
  Performance And Conduct Standards To Employees
  With Disabilities www.eeoc.gov/facts/performance-c
  onduct.html

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Reasonable Accommodation Policy Approach Creating
a Culture of Access and Inclusion

• SAY
• Yes when you can and no when you have to.
• rather than
• No when you can and yes when you have to.
• Be aware of any negative stereotypes and stigma
  you may have, even if unintentional

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The ADA requires reasonable accommodation in
three aspects of employment

• 1. To ensure equal opportunity in the application
  process,
• 2. To enable a qualified individual with a
  disability to perform the essential functions of
  a job,
• 3. To enable an employee with a disability to
  enjoy equal benefits and privileges of
  employment.

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Getting to the Workplace Accommodation

• Before even considering reasonable Accommodation
• First ask Is this an ADA issue?

22
Determining If You Have an ADA Issue

• Relevant portions of the ADA require
• an employer
• to provide reasonable accommodation
• to otherwise qualified individuals
• with disabilities
• who are employees or applicants for employment
• unless to do so would cause undue hardship.

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For Each Employee Go Back to the Basics!

• Does the individual have a Disability?
• Is the individual otherwise Qualified?
• Is the accommodation needed Reasonable to do the
  essential job functions or to apply for the job?
  
• Does the accommodation Remove application or
  employment barriers?
• Is the accommodation made being monitored
• to make sure it Remains Effective?

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Is there a disability? How do you know?
3 Stages of Employment Disability
Inquiries

• 1. Application
• 2. Post-offer - Pre-employment
• ADA Enforcement Guidance Preemployment
  Disability-Related Questions and Medical
  Examinations
• 3. Employment
• EEOC Enforcement Guidance on Disability-Related
  Inquiries and Medical Examinations of Employees
  Under the Americans with Disabilities Act (ADA)
• Confidentiality Requirements disability/medical
  info separate from personnel file
• RA Policies Procedures address each
• of these 3 stages?

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Is the Individual Otherwise Qualified

• Have the skill, experience, education, and other
  job-related requirements of the position, and
  who, with reasonable accommodation, if needed,
  can perform the essential function of the job.
• Ask
• What are all the job-related qualifications?
• Are they all listed on the job description?
• Review job descriptions
• What steps were taken to ensure that each
  qualification is actually job-related?
• What are the screening tools to disqualify on a
• non-disability-related basis?
• ( ie criminal history and drug tests).

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Processand the first 3 minutes of the
interactive process

• RA Policies Procedures
• Make sure to include a process to monitor how
  accommodations are working and how leave as an RA
  interacts with FMLA
• Individual must let employer know that an
  adjustment or change is needed for a medical
  condition.
• Employer is not required to assume disability
• Not obligated to observe an employee for any
  behavior that may be disability related, and then
  decide the employee is disabled.
• The Request (No Magic Words) is the First Step in
  the interactive process between the individual
  and employer
• Can be made by others (family member, friend) or
  by employer or other employee observation.
• Does not need to be in writing to start the
  process

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What Satisfies Accommodation Requirements?

• Dont have to give accommodation requested by
  employee but the.
• Accommodation must be EFFECTIVE
• must enable the employee to perform the essential
  functions of the job
• must enable applicant with a disability to have
  an equal opportunity to participate in the
  application process and
• must enable employee to enjoy privileges and
  benefits of employment.

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UNReasonable Accommodations

• Eliminating essential functions of the job
• Lowering production standards
• Personal use items (i.e. prosthetic limb,
  eyeglasses, hearing aids, wheelchair)
• Placing a disabled applicant in job for which
  he/she did not specifically apply
• Placing a disabled individual into a job if doing
  so would create a direct threat to the health or
  safety of the individual or others (risk cannot
  be lowered to acceptable level with reasonable
  accommodation)
• Maintaining the salary of an employee reassigned
  from a higher-paying job to a lower-paying one if
  the employer does not do so for non-disabled.
• Creating a job
• Bumping another employee from his/her job

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Qualification / Performance Requirements
Conduct Standards

• Qualification / Performance must be
• job related
• consistent with business necessity
• the qualification standards that are
• truly reflected in what is expected
• performed in the actual workplace
• Based on essential job functions only (not
  marginal functions)
• Conduct Standards
• unacceptable workplace conduct can be enforced
• EEOC Guidance The Americans With Disabilities
  Act
• Applying Performance And Conduct Standards
• To Employees With Disabilities

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Direct Threat and Reasonable Accommodations

• If an individual poses a Direct Threat
• significant risk of substantial harm to the
  health and safety of the individual or others
• the employer must determine whether a reasonable
  accommodation would either eliminate the risk or
  reduce the risk to where substantial harm no
  longer exists.

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Undue Hardship

• The responsibility of an employer to provide
  reasonable accommodation is limited to those
  situations that would not cause an undue
  hardship.
• Limitations
• costly or
• unduly extensive or
• Substantial or
• Disruptive or
• those that would fundamentally alter the nature
  or operation of the business

32
Determining Undue Hardship

• The employer is the one who is required to show
  that an accommodation is an undue hardship.
• must consider whether there is an alternative
  accommodation that would not impose such
  hardship.
• Employers must determine undue hardship on a case
  by case basis
• consider the undue hardship in relation to the
  size of the employer,
• the resources available, and
• the nature of the operation.
• The employer should also factor in the effect of
  tax incentives on the cost of an accommodation
  before making an undue hardship determination.
• Assessment of undue hardship is an ongoing
  process as resources and situations change.

33
RA Policy and Procedure Ingredients

• Clearly state the employer complies with the ADA
• Definition of disability
• Definition of reasonable accommodation
• Accommodation process
• Training
• Who is responsible for what (job candidates,
  employee, supervisors, HR, etc)
• How the process is communicated to applicants and
  employees
• How the request needs to be made
• Responding to the request
• Monitoring the effectiveness of the accommodation
  given
• Accommodation rejection
• Appeal process
• Documentation of the process

34
Policy and Procedure Models and Webcast
DBTAC Southwest ADA Center

• Developing a Successful Reasonable Accommodation
  Process webcast (part 1 and part 2) and model
  policies
• You will find the two model RA PP under Part 1
  webcast (and the Part 1 Power Point).
• Small Business Model Reasonable Accommodation
  Policy
•  Title II State and Local Government Procedures
  Model Reasonable Accommodation Policy
• http//ilru.org/html/training/webcasts/handouts/20
  11/01-19-DBTAC/index.html
• For Part 2 webcast PowerPoint
• http//ilru.org/html/training/webcasts/archive/201
  1/01-26-DBTAC.html

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Successful RA Process Tips! Creating a Culture
of Access and Inclusion

• Securing support from the top - including high
  level administrators.
• Compliance efforts must be system-wide,
  centralized, concerted and coordinated
• authority needs to be centralized to ensure
  consistent application of programs, policies and
  procedures.
• Appoint a Task Force
• While not required by the ADA or 504 it may be
  wise to appoint an organization-wide Task Force.
•  
• Utilize the expertise, ideas and input from staff
  at all levels plus research ADA resources. 
• Invite individuals with disabilities, and
  external customers as consultants to the
  group. 
• Employees will then have an internal, informal
  access point rather than starting their complaint
  process outside the organization with legal
  counsel or other third parties.

36
Successful RA Process Tips!

• Review policies, procedures, and forms
• Review application forms and recruiting hiring
  practices
• include qualification standards selection
  criteria, upgrading, promotion, demotion,
  transfer, layoff, termination and rehiring
  procedures. 
• Interviewers need to know what they can and cant
  ask AND when they can and cant ask
  disability-related questions.
• Review record keeping requirements and the need
  for confidentiality of information obtained
  during medical examinations.
• Assess Benefits programs
• medical, hospital, accident, life insurance,
  retirement programs
• Workers compensation, FMLA and return to work
  programs.
• Recreation, education and employer sponsored
  social activities must be accessible.

37
Successful RA Process Tips!

• Conduct technology and physical audits of the
  workplace
• Lunchrooms, lounges, bathrooms, and parking must
  be accessible to all employees.
• Information technology, including the web,
  software and hardware should be accessible as
  well.
• Review job descriptions
• Section 504 nor the ADA require written job
  descriptions.  But most of the literature
  suggests that properly prepared job descriptions
  are critical in complying with the regulations. 
• Job descriptions can be a valuable tool in the
  recruitment, selection, hiring, and accommodation
  assessments needed for successful programs. 
• Job descriptions are a road map for supervisors,
  interviewers, even applicants and employees
  throughout the employment process.

38
Successful RA Process Tips!

• Develop a process for making accommodations and
  determining undue hardship
• The process must be on a case-by-case basis but
  within a structured system for making
  assessments.
• Employment decisions must be based on the
  abilities of individual applicants or employees,
  and not on presumptions about what individuals
  with disabilities can or cannot do.
• Develop training programs and manuals
• Training is key - at all levels of the
  organization.
•  
• All employees should be trained interviewers,
  hiring supervisors, administrators, co-workers.
• Often the greatest barrier to implementing
  successful disability employment practices is the
  attitudes of co-workers.
• All employees should be part of the solution in
  ensuring equal access.

39
Successful RA Process Tips!

• Develop and implement a comprehensive
  communication program
• Its not enough to have policies available in a
  handbook.
• Communication vehicles need to be multi-faceted. 
• Develop evaluation and monitoring tools
• Document everything you do to demonstrate that
  you are making good faith efforts toward
  compliance.
• what accommodations have been made for whom
• what attempts were made to make accommodations,
  including what resources were accessed in those
  attempts. 
• Include a system for indicating when
  accommodations were not made because of undue
  hardship
• for monitoring accommodations made

40
Creating a Work Culture of Access

• Accessibility
• Increases the ability of the organization to
  attract qualified applicants
• Equals agility creating a creative (not
  expensive) flexible employer who will attract and
  maintain the best potential employees
• Remember the business and employment case so your
  organization remains productive and viable.

41
Group Training Scenarios Exercise What would
you do?

• Consider the following as you ponder on what
  steps to take to
• address the situation and what additional facts
  you need to know.
• Is this individual covered by the ADA? / Is there
  a disability?
• Is the individual otherwise qualified?
• Is the accommodation requested OR needed
  reasonable?
• Does the accommodation remove employment barriers
  to do the essential functions of the job or the
  apply for the job?
• What other reasonable accommodations could be
  made to create equal employment access?
• How will you monitor the accommodation
• to make sure it remains effective?

42
Seizures

• An employee, whose job it is to market the firms
  services by meeting with potential clients at
  their offices, develops a condition that results
  in occasional seizures. As a result the employee
  can no longer drive but wants to continue to do
  his job. The employee has worked for the firm
  for 15 years and has been recognized as the best
  salesman 5 years in a row.

43
Chronic Fatigue Syndrome

• An employee, due to chronic fatigue syndrome,
  found it difficult to arrive at work on time
  early in the morning. For three years, the
  employee was given the accommodation of a later
  start time and received satisfactory job
  performance ratings all three years as a tax
  auditor.
• A new supervisor decided that letting this
  employee come in later than the rest of the
  employees was bad for morale and that this
  employee could at least try to arrive at 800 am,
  so he removed the accommodation.
• Plus the new supervisor could not find any past
  documentation of the granted accommodation.

44
Hip and Bone Pain

• An grocery store employee who had hip and bone
  problems was experiencing severe leg pain. He
  mentioned the pain to his employer and that he
  couldn't stand on it much longer.
• The employer sympathized with the employee but
  didnt think any more of the conversation.

45
Depression

• An employee, who is a social worker the State
  Dept. of Health, began to experience mental
  health difficulties. He found that his job was
  becoming more and more stressful due to his
  depression.
• The employee asked his employer to transfer him
  to another position within the Dept., claiming
  that his current position was too stressful and
  overwhelming. The employer denied the request and
  said that he was "doing fine" in his current
  position.
• During a subsequent meeting, the employee "broke
  down" and started to cry. During the weeks
  following this meeting, the employee was
  reprimanded once for working late without
  approval and 4 times for failing to complete his
  assigned tasks in a timely manner.

46
Medical Restrictions

• An employee, who is a sales manager in a small
  retail store, is required to perform certain
  cleaning tasks, including mopping floors, that
  violated his medical restrictions. The employee
  asked for an accommodation not to be assigned
  mopping responsibilities and provided medical
  support.
• The employer refused the request and required
  the employee to mop, which lead to further injury
  and a medical leave.

47
Environmental Illness

• An administrative employee at a computer company
  develops an multiple chemical sensitivity (the
  cause of which is unknown). The illness makes
  her very allergic to fragrances.
• She asks her supervisor if she will send a memo
  to her co-workers asking them to refrain from
  wearing perfume at the office.
• The supervisor refuses. Her production suffers
  and she is fired.

48
Seasonal Affective Disorder

• A teacher with seasonal affective disorder
  requested a classroom with natural light and
  identified other issues that exacerbated her
  condition, including noise distractions and
  inadequate ventilation.
• Although the school remedied some of these
  issues, it failed to reassign her to a room with
  natural light.
• As a result, plaintiff needed to take medical
  leave.

49
Appendix

• Types of Accommodations
• Including the not so obvious
• Extensive ADA Resources

50
Types of Accommodations

• Information Technology (conduct web, software,
  hardware audits)
• Assistive Technology
• Modifications to work stations (conduct
  architectural audits)
• Modifications to schedule
• Telecommuting
• Structural changes within leased space
• Structural changes to building during renovations
• Promoting an employee into a vacant job

51
Examples of RA for Involving Communication
Tactile markings on equipment in Braille or
raised print, Talking calculators, Speaker
phones, Telecommunication Devices for the
Deaf, Telephone amplifiers, Removing
communication barriers such as putting up Braille
signage or flashing fire alarms.
Qualified readers or qualified sign language
interpreters, Examinations, training materials
or policies in Braille, large print, audio tape,
etc., Software for standard computers and other
equipment that can enlarge print or convert print
documents to spoken words (screen readers),
52
Assistive Technology (See Accessible Action
Technology Center in this PowerPoint Resources)

• Mechanical Page Turners
• Modifying Computer Keyboards
• Ergonomic Seating Considerations
• Headsets
• Negative Tilted Keyboard and Mouse
• Adjustable Desks
• Sip/Puff Switch / Foot Switch

53
Modifications to Work Stations

• Furniture
• Office layout
• Equipment adaptations

54
Modifications to Schedule / Telecommuting

• Flexible scheduling
• Delayed start time
• Telecommuting can be an option for employees as a
  reasonable accommodation or means to keep valued
  employees.

55
Structural Changes within Leased or Owned Space

• Bathroom modifications
• Door openers
• Signage
• Accessible stalls
• Rearrange furniture in employee kitchen
• Keep reception area furniture out of main path of
  travel
• When carpeting needed to be replaced, low pile
  need to be priority
• Some offices reconfigured for greater
  accessibility

56
Structural Changes to Building During Renovations

• Main level parking lot modifications
• Main level door opener
• Main level curb cuts
• Ramp to doors
• Door openers
• Marking accessible parking spaces
• Signage on elevators
• Bathroom modifications

57
Steps to Workspace Accommodations

• Discuss accommodation needs with employee/s.
• Ask for suggestions for solutions.
• Research options.
• Make sure solution doesnt pose obstacle for
  another employee!

58
Steps to Office Modifications

• Invite employees to notify you of hard to use or
  inoperable elements of your facility- Create an
  Environment that invites this.
• Ask for suggested solutions.
• Research options.
• Make necessary modifications can be useful for
  all employees!

59
Steps to Building Modifications

• Discuss needs for accessible features with
  building owners/managers-may have to stay on
  them to do modifications!
• Provide written information on ADAAG, state or
  local codes to landlord.
• Provide referrals for technical assistance if
  necessary.
• Follow-up.
• Remind Leasers Access benefits ALL tenants!

60
Development of Evacuation Plan (there are tons
of resources on this call the Southwest ADA
Center)

• Like many accommodations, evacuation plans are
  for everyone!
• Invite employees with/without disabilities to
  discuss evacuation strategies/needs-what do they
  want to do to get down the stairs?
• Meet with fire marshal to determine average
  response times and their on-site protocol.
• A safe room that Fire marshals know about?
• Meet with staff or committee to devise evacuation
  plan.
• If necessary, purchase evacuation chair.
• Provide staff training on evacuation procedures.
• Fire box that has all your important info?

61

• RESOURCES

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The ADA Resource!

• The Leading Resource On
• ADA ADAAA
• Other disability related laws such as IDEA
• Making information technology accessible
• Services a wide range of audiences including
• employers
• businesses
• government agencies
• WIA Workforce System
• schools
• people with disabilities

• Expert staff are available to provide training,
  publications and respond to your inquiries.
• Hot Line 1-800-949-4232
• Web Site www.southwestADA.org
• Check out the Archived Webinars and Podcasts!

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New Mexico Governors Commission on Disability

• Mission To improve the quality of life of all
  New Mexicans with disabilities by addressing
  social integration, economic self-sufficiency,
  political resolve, physical and program
  accessibility, and full participation in the
  benefits of life and rights of all individuals.
• Information and Training
• ADA
• Employment Reasonable Accommodations/Best
  Practices
• Emergency Preparedness
• NM Building Code Accessibility
• Voting Accessible Polling Sites
• Assistive Technology
• And much much more! Go to www.gcd.state.nm.us
• 491 Old Santa Fe Trail, Santa Fe, NM
  87501Phone/TTY [phone],
• Toll Free (in state only) 1-877-696-1470 /
  gcd_at_state.nm.us

64
Job Accommodation Network 800-526-7234
(V/TTY) http//askjan.org A free consulting
service designed to increase the employability of
people with disabilities
65
Accessible Action Technology Centerhttp//www.res
na.org/aboutUs/resnaSponsoredProjects/accessible-t
echnology-action-center.dot?host_id1

• The Accessible Technology Action Center (ATAC)
  facilitates and promotes the use of accessible
  technology in the hiring, employment, retention,
  and career advancement of individuals with
  disabilities.
• Develop, coordinate and publicize resources on
  accessible technology in the workplace
• Promote effective employer practices in the
  workplace related to leadership, self-assessment,
  policies and practices, continuous improvement
• Facilitate policy advancement on specific issues
  facing employers, developers, and the technology
  industry related to ensuring accessible, usable
  and interoperable technology in all types of work
  settings and
• Translate policy knowledge into adoption and
  implementation.
• A Program of RESNA at www.resna.org
• (Rehabilitation Engineering and Assistive
  Technology
• Society of North America)

66
Cornell University Employment and Disability
Institute (EDI)

• Since 1968, researchers and practitioners at the
  Cornell ILR School with expertise in disability
  have helped companies, labor organizations,
  government agencies, schools, and communities
  throughout the United States and abroad to
  accommodate and integrate individuals with
  disabilities.
• The EDI team consults with policy makers,
  disability advocates, and rehabilitation program
  professionals.
• EDI provides technical assistance, training, and
  research in the following topic areas
• ADA, Accommodation Accessible IT, Community
  Inclusion, Disability Benefits and Work,
  Disability Employment Research, Disability
  Statistics Research, Educational Achievement
  Transition, International Disability Research,
  and Workforce Development
• http//www.ilr.cornell.edu/edi/
• 607-255-7727 (VOICE)
• 607-255-2891 (TDD)

67
US Department of Labors Office of Disability
Employment Policy

• ODEP is an extensive and rich source on
  employment and disability.
• www.dol.gov/odep
• 1-866-487-2365 (VOICE)
• 1-877-889-5627 (TDD)

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Equal Employment Opportunity Commission

• The EEOC provides access to Federal employment
  laws and regulations. The EEOC has publications
  on the Americans with Disabilities Act which
  include their policy guidance on various portions
  of the Act, fact sheets, QAs, best practices,
  and other information.
• www.eeoc.gov
• www.eeoc.gov/laws/types/disability.cfm
• 1-800-669-6820 (TTD)

69
ADA Case Law Database

• The ADA Case Law Database is a comprehensive
  search tool that provides information pertaining
  to significant rulings under the Employment
  (Title I), Local and State Government (Title II)
  and Places of Public Accommodations (Title III)
  provisions of the Americans with Disabilities Act
  (ADA).
• The database is a unique research tool specially
  designed to search by a variety of variables
  including but not limited to disability type,
  discrimination issue, jurisdiction and remedy.
• http//www.adacaselaw.org/