In this issue:
- ODDC Employment Forum Targets Need for Improvement
- Chairman's Message
- Self Advocate Works Her Way to Ideal Job
- ODDC Grant Gives Boost to Students' Business Ventures
- ODDC Supports Employment Through the Arts
- Study Shows Self-determination Tool Helps Job Performance
- ODDC and Nisonger Center Appoint New Directors
- Attend ODDC's Annual Conference: Health Reform for People with Disabilities
- RSC's Administrator Envisions Improvement in Vocational Rehabilitation Services
- Assistive Technology in the Workforce
- How to Request a Reasonable Job Accommodation
- One-Stop Disability Navigators Provide Information about Employment Services
- FAQs about Employment Discrimination
- Nisonger Center Hosts Nutrition Seminars
- Transition Clinic Prepares Students for Work
- OLRS Assists With Employment Rights and Protections
About the DD Quarterly
Copyright © 2009, Content may be reprinted upon request.
ODDC Employment Forum Targets Need for Improvement
"I want an actual referral for an actual job," testified Dennis Frazier at an employment forum on August 18, 2009. He was sharing his frustrations with public employment agencies helping him locate a job. He stated, "Most career counselors and job access centers use the same set of tools. They offer training opportunities, job listings, online access, workshops and interview practice sessions." His message was clear. He did not want or need those services, all he wanted was referrals to job openings — referrals he never received.
Frazier and over 40 other people with disabilities testified before policymakers at the open employment forum hosted by ODDC, the Governor's Council on People with Disabilities and the Ohio Statewide Independent Living Council. Invited policymakers heard from people with disabilities and family members about their employment successes and failures and their suggestions to improve Ohio's employment system.
Forum Themes
Several themes emerged throughout the day as people identified barriers to employment. Some said they have advanced college degrees or extensive experience or training but these qualifications are overlooked by employers and they remain unemployed.
"With my master's degree in hand, I thought I would instantly have job success and doors would be opened to me, but unfortunately, that was not the case. Upon graduation, I applied for many jobs, but another candidate always got the job. I was always told that someone had more experience than I did, but sometimes I wondered if my disability was a factor." — Carmen Shelton
Discrimination, based on disability, during the job search and at the work site was mentioned as a barrier to employment by many people.
"I had a call from an agency, 'you're just the person we need.' So I walked in the door with my dog. First thing the lady says, 'I can't hire you. I've got people allergic to dogs. You can't work here.'" — Steve Thomas
Some of the barriers identified at the forum were the policies and practices of federal, state and local employment agencies created to improve employment opportunities for people with disabilities.
"It has been our experience, beginning with the Bureau of Vocational Rehabilitation last summer, that what Micah needs to be gainfully employed in his community, beyond what is offered in the school district, is not just lacking but is absent. Supports and services for community-based employment seem to be only available for those requiring such supports for a short predetermined amount of time." — Sue Hetrick
"They told my mom I couldn't be employed at the workshop because I was too low functioning. They said people like me should stay at home for the rest of their life. Well, I remember thinking, who wants that? After high school, I was tested and again my rehabilitation counselor said there was a 30 percent chance I would end up in a workshop." — Renee Wood
Other significant barriers to successful employment identified at the forum included transportation issues, no opportunities for career advancement and accepting jobs not suited to the person's skill level or interest.
Next Steps
The testimonies at the forum included suggestions to improve the system. Carolyn Knight, executive director of ODDC and the moderator at the forum, informed the group that this information gathering process was just the beginning. She stated, "The testimonies and personal employment stories were extremely powerful. I feel policymakers who attended the event have a better understanding of the employment barriers and frustrations people with disabilities encounter on a daily basis. I also feel that their increased understanding of the issues will lead to a better system."
Knight and other sponsors of the forum are writing a summary report based on the testimonies. They plan to meet again with those who attended the forum to share their findings and determine the necessary steps to improve employment and career opportunities for people with disabilities.
Speakers at the Forum
Amy Rohling McGee, executive assistant for Health and Human Services in the Governor's office, Michael Rench, administrator of the Ohio Rehabilitation Services Commission and Beverly Johnson, director of the Cerebral Palsy Association of Ohio, also presented at the forum. McGee is directing an interagency group to discuss strategies for improving services for individuals with disabilities across Ohio. She provided an update on the accomplishments and future plans of the interagency group.
Rench discussed the value of employment for people with disabilities, not from a monetary aspect but from the perspective of becoming a part of the community. Employment, according to Rench is a place to make friends, become known in the community and be viewed as a contributing member of society.
Johnson, a leading advocate who promoted Ohio's Medicaid Buy-In for Workers with Disabilities initiative, presented an overview of the program including enrollment data for the first year.
Chairman's Message
by Peter Keiser, Chairman of ODDC
This edition of the DD Quarterly focuses on employment for people with disabilities. Coincidentally, I am working with a cross-disability group to plan a local celebration of the 20th anniversary of the signing of the Americans with Disabilities Act (ADA). While the ADA focuses on many issues that affect the daily lives of people with disabilities, the planning group chose the influence of the ADA on employment as the theme of the celebration. The ADA makes it unlawful to discriminate in employment against a qualified individual with a disability and enables more people with disabilities to enter the workforce and prove themselves to be valuable employees.
My personal employment experience, before the ADA was enacted, reflects the importance of the law for people with disabilities. In 1971, during my senior year in college, I began my job search and quickly realized that my disability was viewed by potential employers as a limitation. Even with my record of achievements — working as a social work intern with inner city kids, editing a college literary magazine, making the "Who's Who" of college students — employers chose to focus on my disability rather than my skills and accomplishments. I graduated in May and although my friends who did not have a disability had jobs by that summer, it wasn't until the end of October that I was employed. And that only happened because of a connection I had made through a family member.
Employers are changing their view of hiring people with disabilities from a "have to" to a "want to." While unemployment rates for people with disabilities are astonishingly high, progress has been made since I was a young college graduate looking for a job. I applaud administrators at those organizations and agencies who have discovered the value of hiring people with disabilities and am thankful for the protections provided by the ADA.
Self Advocate Works Her Way to Ideal Job
Linda Kunick is from Cincinnati, Ohio. Kunick is the past president and one of the founding members of People First of Ohio, an advocacy organization run by persons with developmental disabilities. DD Quarterly asked Kunick to submit an article about her advocacy/employment experiences after she testified at a forum sponsored by ODDC. Linda was supported by Sadie Hunter, People First of Ohio in writing this article.
I started my career with Resident Home Corporation (RHC) in Cincinnati, Ohio 35 years ago. I started out as a teacher's assistant and I did all the work other people did not want to do. I did not have the courage to speak up to tell them that I did not want to do the things they wanted me to do. Excuse me for saying this, but I had the really crappy jobs! As years went by, it was like I grew up while working at RHC. When I started working there, I was childlike and really knew nothing about how to keep a job, but I knew it was so important for me to go to work every day and bring home a paycheck that made me feel proud and humble. Days became weeks, and then years, and I grew in my understanding about my job, but also knew that I could do so much more. I had dreams, but I did not know how or who to ask for them. My family is my support when things go wrong and we worked through the hard times. They never gave up on me. I wish my mom and dad were here to see what I have accomplished, but I know they watch me from above.
I joined People First not knowing what I was getting myself into and I was scared to death. I sat in the back and never said a word. The whole time I wanted to be the advocate who stood up in front of the group, but I had a speech problem and I was, again, afraid of talking and saying the wrong thing. It is funny (not ha, ha) because they are just like me. Again I was growing up in a different way and I was scared, but knew in my heart that one day I would be that person. As time went on, I grew in my understanding of advocacy and I began a new journey in my life and I had no idea where it would take me.
Later, I spoke at a professional association conference and my boss came to the session that I was speaking. He sat there and listened to me! ME, the woman that I knew I wanted to be, was standing in front like I had dreamed. After the session my boss told me that I had a new job at RHC. I did not know what this could mean and how my life would change. We met with RHC and the new job of advocacy was to begin. I was really confused at the meeting and I did not understand that it was just about me. I understood after my sister Debbie, Sadie and Joellen Hunter and I went to dinner to celebrate what all this meant to my life.
RHC has given me the opportunity to go out into the community and network with all community organizations, to advocate for others, present sessions, to be a leader and to represent RHC as an employee. I do not always sit at a desk, I am in the community attending meetings, learning new things, and advocating for change. I have an office and a computer with Dragon (speech recognition software) that RHC and the Hamilton County Board of Developmental Disabilities helped me get. They also gave me an intern to help me learn the computer so I can communicate with many people.
Being employed allows me to do other things that were also in my dreams. I worked with the LADD Homeowners project and I purchased my own home with my best friend, my sister Debbie. I go on vacations, buy my own gifts, purchase nice clothes and all the things that I always dreamed of.
I was given a chance by RHC. If only other companies could have the vision to hire a person like me who was childlike in the beginning, and now a woman on a mission with no time for intermission!
ODDC Grant Gives Boost to Students' Business Ventures
by Frances Russ, Director of Communications, Newark City Schools
Max's T-Biscuits for Dogs is going places, thanks to a grant from ODDC that supports the efforts of nine Newark High School special education students. The grant allows this two-year old business to grow by leaps and bounds by giving students the opportunity to expand the operation.
The students are responsible for everything from start to finish, from making the dough, to measuring the ingredients to decorating the paper bags and then delivering the dog biscuits to the stores that sell them. Each day, the students make enough dog treats to fill 12-15 lunch-size bags. Each bag sells locally for $3 or can be mailed anywhere in the country for $10.
"The profits from sales will enable the class to do life skills training," said Walter Gloshinski, the students' teacher. "Most importantly, this program gives the students hope and a meaningful purpose in life."
Student-run Café
While the dog biscuit business keeps the students busy, that's not all they do each day. There's a flurry of activity during the morning hours with another business venture.
Upon arriving to school, several students grab a two-way radio and hit the hallways to take orders from the high school staff for their student-run café. As they take the orders, they radio the information back to the classroom where other students fill and deliver the orders. The café offers many items, including homemade cookies, muffins, pies, hot and cold beverages, and breakfast and lunch entrees.
Learning Life Skills
Through these two businesses, students are developing skills required for a successful transition from the world-of-school to the world-of-work. They are learning to effectively communicate with customers, build relationships with their team members and follow through to the end of a project.
The students are also learning to take their ideas and bring them to life. "Students are excited about their many business ventures and are always looking for new opportunities," said Gloshinski. He added that they are currently working on a bird suet product and horse treats.
If you would like to place an order for Max's T-Biscuits, call (740) 328-2293.
ODDC Supports Employment Through the Arts
by Dana A. Kuhn, Manager of Development and Communications, The Dancing Wheels Company & School
The Dancing Wheels Company & School in Cleveland provides talented dancers with disabilities opportunities to refine their skills and to develop careers in the arts. As America's first integrated dance company of people with and without disabilities, the Dancing Wheels Company & School is committed to entertaining, educating and advocating disability awareness to audiences throughout the nation. During the 2008-2009 season, diverse audiences of more than 50,000 people in over 70 locations across the United States and Canada attended performances by the Company.
People with disabilities are employed as dancers and as employees at The Dancing Wheels Company & School. The Company has a special apprentice/trainee program that is supported by ODDC grant funds to provide employment opportunities for dancers with disabilities. Three new dancers with disabilities recently joined the Company through this program and work full-time rehearsing and performing throughout the year. Two of the new members dance as apprentices with the Company, while the third trains on a daily basis in the fully accessible studios.
School of Dancing Wheels
Children and adults — regardless of physical abilities or economic challenges — have opportunities to full and equal access to the world of dance at the School of Dancing Wheels. During the 2008-2009 season, the School offered adapted classes in modern, hip-hop and ballet, and reached 1,080 children with and without disabilities through summer workshops and school residency programs. Many students currently enrolled are in training to be the next generation of The Dancing Wheels Company's dancers, modeling themselves after the professional dancers with disabilities they see working and thriving every day.
Employment Model
Mary Verdi-Fletcher, who has spina bifida and is the President/Founding Artistic Director of The Dancing Wheels Company & School, was invited to present at the National Summit on Careers in the Arts for People with Disabilities. This summit, convened at the Kennedy Center for the Performing Arts in Washington, D.C., gathered more than 100 experts to evaluate and develop strategies to advance career opportunities in the arts for people with disabilities. Verdi-Fletcher, during her presentation, highlighted the contributions the Company has made toward full integration for people of all abilities in the arts including the many aspects of business and administrative work. The Company is an excellent example of an employment model.
For more information visit the Dancing Wheels Company & School website.
Study Shows Self-determination Tool Helps Job Performance
by Patricia Devlin, Associate Professor, University of Toledo
The essence of self-determination is empowering people by providing skill instruction and practice so they can obtain the outcomes they choose. This past year the University of Toledo (UT) implemented a project, funded by ODDC, that empowered individuals with disabilities employed through SCOUT (Securing Career Opportunities at UT). SCOUT provides a comprehensive approach to employment, job retention and career advancement for individuals with varying disabilities by offering customized job matching and support for individuals in collaboration with adult community service agencies.
The project focused on assessing whether the use of a self-determination tool, the Self-Determined Career Development Model (SDCDM), enhanced the job performance of selected SCOUT employees. The SDCDM is based on component elements of self-determination and the process of self-regulated problem solving.
Research Study
Five adults with moderate intellectual disabilities in supported work positions at UT were selected to participate in an eight-week study. All were employed up to four months and worked 10 to 20 hours per week. The participants received an evaluation after the first month from their supervisor focusing on their strengths and specific job-related areas needing improvement.
Employees selected targeted goals they felt were important for them to improve independence and job performance. Their individual goals included learning to read work-related words, completion of tasks correctly and efficiently and learning to use the local transit system to and from work. The employees, with program staff assistance, developed, implemented and if necessary, modified an action plan to achieve their individual goals. A key component with each employee plan involved learning a self-monitoring strategy — to observe their own behavior and indicate whether or not a target behavior was achieved.
Positive Results
All five participants achieved their self-selected goals at levels exceeding the expectations of their supervisor and job coach. Participants not only accomplished their goals but also demonstrated skills in designing and implementing interventions and self-monitoring activities.
Feedback from the participants reflected satisfaction with their achievements. One employee noted that now others were not telling him that a task "needs more work" which makes him feel proud. Another commented that he had not been late for work in a while and was very proud to be "like the other guys," taking the transit bus to and from work. Overall findings of the study indicate that the SDCDM represents an effective method to teach problem solving and suggests a functional relationship between an employee's use of the model and observed changes in job performance.
For more information about the SDCDM self-determination tool or the SCOUT program, contact Patricia Devlin at patricia.devlin@utoledo.edu.
ODDC and Nisonger Center Appoint New Directors
Carolyn Knight - ODDC
Carolyn Knight's appointment as executive director of ODDC was formally approved at the September ODDC meeting. She served the past year as the acting director for the agency.
According to Peter Keiser, ODDC's current chair, "I am delighted Carolyn is the new executive director of ODDC. She is uniquely qualified — she has experience in state government, has a working relationship with key state agency directors and has a thorough understanding of issues important to people with disabilities. Carolyn's leadership and management skills combined with her vision for an improved community life for people with disabilities will serve her well while striving to assure ODDC meets its mission."
As executive director, Knight manages a staff of 10 and the full Council of 34 members. She is also responsible for grant funded projects ODDC supports through federal dollars to create change that improves independence, productivity and inclusion for people with developmental disabilities and their families in community life.
"I am pleased the full Council supports my appointment as their executive director. I am anxious to work with Council and staff to improve the visibility of Council throughout the state of Ohio and to target new initiatives that improve the lives of people with disabilities," said Knight.
Knight previously worked at Ohio Legal Rights Service (OLRS) and was the executive director for 24 years. While at OLRS, she was an active member of ODDC and chaired many of Council's committees. She was the chair of Council for three years.
Marc J. Tassé - Nisonger Center
Marc J. Tassé is the new director for The Ohio State University's Nisonger Center. Nisonger Center, a designated University Center for Excellence in Developmental Disabilities and an Ohio Disability Network partner, provides assistance to people with disabilities, families, service providers and organizations to promote inclusion of people with disabilities in education, health, employment and community settings.
Tassé comes from the University of South Florida where he was associate professor of Child and Family Studies and associate director at the Florida Center for Inclusive Communities. He also served on the faculty of the Université du Québec à Montréal and at the University of North Carolina at Chapel Hill. He trained as a postdoctoral fellow at the Nisonger Center earlier in his career.
"We are very excited to have Dr. Tassé return to the Nisonger Center. His knowledge, expertise and proven leadership skills will be a great asset to our team and will help guarantee the continued success of our nationally acclaimed programs," said Dr. Steven Gabbe, CEO of The Ohio State University Medical Center.
Tassé provided clinical services to individuals with intellectual disabilities for more than 20 years, led training workshops throughout the world and is widely published. He was named a Fellow of the American Association on Intellectual and Developmental Disabilities in 2005 and received the organization's Service Award in 2007.
According to Tassé, "I look forward to working with Ohio's other Disability Network partners to improve the lives of people with disabilities and their families."
Attend ODDC's Annual Conference: Health Reform for People with Disabilities
ODDC's Health Reform for People with Disabilities Conference will be held on Tuesday, October 27, 2009 at the Hyatt Regency Hotel in Columbus, Ohio.
Health care reform is the talk of the nation and people with disabilities have a big stake in the current debate to make quality, affordable health care available for all Americans.
Why is this issue so important? Health care reform is vital to people with disabilities in helping to eliminate disability-based discrimination and pre-existing condition exclusions.
People with disabilities are uniquely qualified to speak about chronic conditions, and the inefficiencies and exclusions of the current health care system. People with disabilities and advocates should bring solutions to the table that strengthen health care efforts for all.
ODDC with support from the other Ohio Disability Network Partners, Nisonger Center, The Ohio State University, Ohio Legal Rights Service and the University Center of Excellence in Developmental Disabilities, University of Cincinnati is hosting the conference.
Download the Conference Program and Registration Form (PDF file)
RSC's Administrator Envisions Improvement in Vocational Rehabilitation Services
Michael Rench is the administrator of the Ohio Rehabilitation Services Commission (RSC), a state agency providing vocational rehabilitation services to Ohioans with disabilities. RSC's mission is to partner with individuals with disabilities to achieve quality employment, independence and disability determination outcomes. Rench attended the August employment forum hosted by ODDC and listened to people with disabilities testify about their struggles in gaining and maintaining employment.
The DD Quarterly posed several questions to Rench about employment and other issues important to people with disabilities.
DD Quarterly: DD Quarterly: Briefly tell us about yourself, your education, your interests and your past employment background.
Rench: Governor Strickland appointed me as the Administrator of RSC on July 1, 2009. I have worked in the field of disability services for 29 years. I led three private provider firms and held executive-level jobs at three county boards of developmental disabilities. Before RSC, I was the deputy director of community services for the Ohio Department of Developmental Disabilities. I earned a bachelor's degree in education from Wright State University, a master's degree in divinity from the United Theological Seminary and have done postgraduate work in management and special education at the University of Cincinnati.
DD Quarterly: How has your prior work experience prepared you for your current position as the administrator of RSC?
Rench: My prior experience has helped me understand the day-to-day issues that Ohioans with disabilities face as they try to access the benefits of full citizenship. RSC is positioned to assist individuals in those efforts through our work in vocational rehabilitation or in determining eligibility for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits. I have seen first hand the magnitude of the struggles of people with disabilities and how assistance at the right time can open up a whole new world of possibilities for them.
DD Quarterly: With unemployment rates for people with disabilities so high and underemployment so prevalent, what advice do you have for people searching for employment?
Rench: My advice for them is to work with RSC. We are building a stronger network throughout Ohio with the help of local Pathways partners and American Recovery and Reinvestment Act stimulus dollars.
I would also encourage Ohioans to focus on their gifts and try different kinds of opportunities to gain work experience. They should join local networking groups, job clubs and visit their county Job and Family Services One-Stop Service Center. I encourage everyone to post a resume and apply for jobs on the Internet. We are aware of Ohioans with disabilities who have secured jobs via the Internet and are successfully telecommuting. Often they don't meet their employer until they have already been on the job demonstrating their talents and great value to the organization. The employer sees the ability before the disability.
Employers have a lot to gain by hiring diverse, reliable workers with disabilities. National studies prove workers with disabilities have better attendance and safety records and they stay on the job longer.
DD Quarterly: How do you plan to restructure RSC to impact employment rates for people with disabilities in Ohio?
Rench: We are compiling input that Ohioans provided us through the Governor's Employment Survey, the ODDC Forum on Developing Successful Employment Opportunities and RSC's regional Community Conversations. A needs assessment is also under development. Once we have compiled and reviewed these data, the Commissioners and I will hold town hall meetings across Ohio to share the data and listen to ideas on how to best serve Ohioans with disabilities. We will use this information to build RSC's strategic plan.
DD Quarterly: People with intellectual disabilities, mental illness or traumatic brain injury often report problems accessing services from RSC. Do you have plans to address this situation?
Rench: We are building a larger network to serve Ohioans with disabilities through the Pathways II program and the American Recovery and Reinvestment Act stimulus projects. Many of these projects are specifically designed to increase services to Ohioans with mental illness and developmental disabilities and to increase vocational rehabilitation services in underserved areas of the state. We also just launched a special Pathways II request for proposals specifically for local boards of developmental disabilities.
DD Quarterly: For a person with a disability to be employed, many other services are required (job search, transportation, job coach, workplace accommodations, etc.). Do you plan to coordinate with other state and local agencies to meet these needs?
Rench: Absolutely. RSC is already partnering with many agencies and community rehabilitation partners on the local and state levels to provide these services. RSC attends regular meetings with all the state agencies, and these meetings will help us increase awareness of Ohioans with disabilities and make sure the citizens we serve have a voice at the table and at the beginning of opportunities to forge partnerships.
DD Quarterly: During the budget process RSC proposed rules that severely limit new enrollment into the Personal Care Assistance Program. What is your position on this program and RSC continuing to administer it?
Rench: The proposed change was to Ohio Administrative Code 3304-4-02. It would have closed some of the categories and limited others. At the Solidarity Commission meeting the Commission announced it was not going forward with the changes to the program.
DD Quarterly: What is your philosophy/position on the following employment options: supported employment, sheltered workshops and enclaves?
Rench: I see sheltered workshops and enclaves as transitional in nature, a way to prepare someone for competitive employment or supported employment. Those should not be the final stop on the journey to a competitive job. My goal is to have more people in competitive employment or self-employed in the community.
DD Quarterly: Five years from now, how will you define success for RSC?
Rench: More Ohioans with disabilities employed in the community and Ohioans pleased with fast, quality Social Security Disability claims processing.
Assistive Technology in the Workforce
by William Darling, Director, Assistive Technology (AT) of Ohio
Technology plays a big role in everyone's life and it is difficult to imagine what life would be like without it. Looking around my office — my cell phone, my electronic planner, the computer I'm using — one can see the indispensable role technology plays in modern society.
Technology can take difficult tasks and make them easier, or make jobs that took hours possible in mere minutes. Technology can play an even more pivotal role for people with disabilities. Technology can make the impossible possible.
Workplace Technology
No matter what your disability, it is likely there is technology that can help you in the workforce.
There are over 40 different screen readers on the market for people who are blind or have low vision. These screen readers range from older, established products like JAWS (Job Access With Speech) to free, open source programs like Fire Vox, which works only on the Firefox Web browser.
Many people with disabilities are not able to interact with a computer through the traditional mouse and keyboard. For someone with limited functional use of their hands, there is the Light Operated Mouse and Keyboard (LOMAK). LOMAK users control a headset to do the things a "typical" user can do with a mouse, such as the point, click, type and drag functions.
Other products that assist in moving the cursor on a computer screen include Tracker Pro which follows head movements and Quick Glance which follows eye movements.
A person's voice can also open the world of technology. Programs such as Dragon Naturally Speaking and Mac Speech Dictate take what a person says to create instant messages, emails or assist the person in surfing the Internet.
Loan Library and Low Cost Computers
Unfortunately, people with disabilities are a segment of the population least likely to own a computer and have access to the Internet. Assistive technology can be very expensive, and it is difficult to know which technology is best suited for an individual's needs.
Through the programs at AT of Ohio, any Ohioan with a disability can obtain a refurbished computer for $60. You can also try any device or software program available in the AT of Ohio loan library for 30 days — at no charge — to be sure the technology you want to purchase is right for your needs.
Through these and other efforts, AT of Ohio hopes to educate Ohioans with disabilities about the powerful role technology can play in their lives.
For more information, call (800) 784-3425 or visit the Assistive Technology of Ohio website.
How to Request a Reasonable Job Accommodation
by Kristen Henry, staff attorney, Ohio Legal Rights Service
What do you do if you are offered employment, or you are already working, and you meet an obstacle that prevents you from performing part or all of your job? If the obstacle is due to your disability, you may be entitled to a reasonable accommodation from your employer. It is important for you to know about your rights and the process involved when requesting a reasonable accommodation.
Know Your Rights
The Americans with Disabilities Act (ADA) and the ADA Amendments Act (ADAAA) require employers to provide reasonable accommodations to employees with a disability. To be entitled to a reasonable accommodation under the law, you must meet two requirements: (1) You must have a physical or mental impairment, and (2) your impairment must result in a substantial limitation in one or more major life activities, such as thinking, concentrating, learning, working or caring for yourself.
As a person with a disability under the ADAAA, your employer is required to provide a reasonable accommodation if the accommodation assists you in performing the essential functions of your job.
Know What to Ask For
Reasonable accommodations vary widely based on your specific disability and your specific job.
You can be creative when you are thinking about the kind of accommodation to help you do your job. You can also ask to be reassigned to a vacant position if you cannot be accommodated in your current position.
Keep in mind that employers are only required to make reasonable accommodations, and they are not required to make an accommodation that is an undue hardship on their business (such as very high cost or time to make the accommodation) or changes the essential functions of the job.
Some examples of a reasonable accommodation include:
- assisting you with filling out the job application,
- allowing a job coach to help you adjust to the job,
- providing additional training or demonstrating the job duties,
- assigning non-essential job functions to other employees,
- modifying your schedule,
- buying equipment that is easier for you to use,
- placing your workstation in an area that is easier for you to work in.
Know When and How to Ask
You do not need to ask for a reasonable accommodation before you are offered the job. In fact, the law prohibits employers from discriminating against you by refusing to hire you because of your disability. After you are hired, though, you should ask for an accommodation as soon as possible.
Your request for a reasonable accommodation can be:
- written or oral,
- made by you or someone associated with you (family member, friend or job coach),
- made without any special words or phrases.
You or someone acting for you simply need to explain to the employer what you need, and that it is because of your disability. However, it is always a good idea to put your request in writing and to keep a record of your request.
Once a request is made the employer can ask for limited documentation about your disability to establish that you are a person with a disability protected by the law.
The documentation can only be what is necessary to show that you are entitled to the accommodation you are requesting, and it must be kept confidential.
The employer must also engage in the "interactive process" which requires the employer to discuss with you the nature of the job, the way your disability affects your ability to do the job and what accommodations will enable you to do the job.
Remember that you never have to disclose your disability or provide documentation of your disability if you are not requesting an accommodation. An employer is not permitted to ask you whether you have a disability before you are offered a job.
Know What to Do if Refused
If the employer refuses your request for a reasonable accommodation, you can file a complaint with the U.S. Equal Employment Opportunity Commission or the Ohio Civil Rights Commission. Ohio Legal Rights Service (OLRS) may also be able to assist you. Contact OLRS Intake at (800) 282-9181 or (614) 466-7264 or TTY (800) 858-3542.
One-Stop Disability Navigators Provide Information about Employment Services
People with disabilities and Social Security beneficiaries are receiving information about work support programs and services available at local One-Stop centers. One-Stop centers offer integrated services and resources to help job seekers access employment, training and other career development supports.
Disability Navigators
Ohio employs state and local Disability Navigators whose primary role is to inform job seekers with disabilities and Social Security beneficiaries about One-Stop centers and to enhance the disability related services at the centers. They are also responsible for outreach activities targeting people with disabilities, assuring One-Stop centers are physically accessible and enhancing coordination across agencies.
One-Stop Disability Navigators, in partnership with Work Incentive Planning Assistance (WIPA) programs, are hosting training events throughout the state. One of these trainings, known as Work Incentive Seminar Events (WISE), was hosted by Debra Rantanen, the Disability Navigator for the JOBLeaders One-Stop in Columbus. Joining Rantanen as presenters at the training were Ron Swain from Center for Vocational Alternative (COVA), Debra Schwartz from the Social Security Administration (SSA) and Art Schlesinger from Ohio Legal Rights Service.
Participants at the training were informed about One-Stop services and provided an overview of work incentives and benefits. Rantanen, after the training, said, "This event is an opportunity to exhibit how partnering with community agencies helps everyone achieve their goals and helps the community of job seekers."
There is at least one One-Stop site in every Ohio county. Navigators are working in full service One-Stop centers in Akron, Cincinnati, Cleveland, Columbus, Dayton, Portsmouth and Toledo.
For more information about Ohio's Disability Program Navigator Initiative, contact Gwen Ivory, Program Manager at the Ohio Department of Job and Family Services, at gwen.ivory@jfs.ohio.gov.
FAQs about Employment Discrimination
by Kristen Henry, staff attorney, Ohio Legal Rights Service
Many people with disabilities want to work, but encounter discrimination either while seeking employment or after they are hired. The Ohio Legal Rights Service (OLRS) is the state designated Protection and Advocacy system and Client Assistance Program for people with disabilities and offers referrals, advocacy, legal counsel and representation to assist people with disabilities who experience employment discrimination. Employment questions people with disabilities frequently ask OLRS are answered below.
Can an employer ask if I have a disability in an interview or on an application?
No. Employers are not permitted to ask any disability-related questions during the hiring process. Employers can simply describe the essential functions of a position and ask you if you are able to perform those job duties.
Because of my disability, I have difficulty filling out application forms or interviewing. Does an employer have to provide me an accommodation?
Yes. An employer must provide you with a reasonable accommodation at all stages of the hiring process, including filling out an application or interviewing.
If I don't tell an employer about my disability on an application or during an interview, will I lose any rights?
No. You are not required to provide any information about your disability to an employer at any time. If you determine you need a reasonable accommodation, you can ask for it even if the employer is not aware of your disability.
Can an employer discipline or fire me for absences related to my disability?
An employer is required to make reasonable accommodations for your disability, which may include modifying a leave policy. However, an employer is not required to do anything that would constitute an undue hardship for the employer, such as granting leave for an indefinite period of time. If your employer is covered by the Family Medical Leave Act (FMLA), you may be able to take unpaid leave for absences related to your disability. You should always follow the employer's policies for letting the employer know when you will be absent, and you should make requests for an accommodation or FMLA leave if you know ahead of time when you will need time off.
If I provide documentation of my disability to an employer, does the employer have to keep that information confidential?
Yes. The law prohibits employers from disclosing your disability-related information, except under five specific circumstances: (1) supervisors and managers may be informed about necessary work restrictions and other accommodations, (2) first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment, or if any special procedures are required in case of fire or other evacuations, (3) government officials will be provided access to information when investigating disability anti-discrimination compliance, (4) relevant information may be provided to workers' compensation offices and (5) relevant information may be provided to insurance companies when the company requires a medical examination to provide health or life insurance to employees. The information should not be shared with anyone else without your explicit consent.
Can an employer refuse to hire me because their customers don't want to be served by a person with a disability?
No. An employer cannot discriminate against you because of customer preference or prejudice against people with disabilities.
My disability restricts my ability to drive. Can an employer refuse to hire me because they think my transportation will be unreliable?
No. An employer cannot refuse to hire you based on assumptions about your disability. In fact, if it is not an undue hardship for the employer, it may be a reasonable accommodation to allow you to work on a schedule that fits with the public transportation schedule, or to not discipline you for unavoidable instances of tardiness due to your reliance on public transportation.
I have a service animal because of my disability. Can an employer refuse to hire me because other employees are allergic to my service animal?
No. Use of a service animal is a reasonable accommodation. Instead of refusing to hire a person with a disability who requires a service animal, the employer should implement an accommodation that allows both employees to work without triggering the allergy. Such an accommodation can include modified work schedules or workspaces, or arrangements for meetings and other routine office functions that prevent triggering the allergy.
I have worked for one employer for several years. Now I have a new boss who doesn't like my service animal, and she wants to fire me. Can she do this?
No. An employer cannot fire you or retaliate against you because of your disability or an accommodation you receive because of your disability.
My employer has been asking me personal questions about my specific treatment and the cost of my treatment that have nothing to do with my work performance. Can they do this?
No. An employer can only ask questions related to your disability if questions are necessary to establish that you can perform the essential functions of your job with or without an accommodation. An employer is prohibited from asking you questions about your disability or treatment unless it is relevant to your job performance.
My employer won't let me participate in their tuition reimbursement program because they think I can't benefit from it. Can they do this?
No. The law prohibits employers from providing benefits in a way that discriminates against people with disabilities. If tuition reimbursement is a benefit provided to employees without a disability, it must be provided equally to employees with a disability.
My employer doesn't believe I have a disability because my disability isn't easy to see. What should I do?
An employer can request documentation of your disability if your disability is not apparent and you are requesting an accommodation. If your documentation provides enough information to show you are entitled to protection under the law, and that your accommodation is related to your disability, your employer cannot request any more information and must provide you the accommodations.
What should I do if I believe that an employer has discriminated against me because of my disability?
You can file a claim with the U.S. Equal Employment Opportunity Commission or the Ohio Civil Rights Commission. You can also contact OLRS.
For more information or if you have questions about your right to be free from employment discrimination based on your disability, contact OLRS Intake at (800) 282-9181 or (614) 466-7264 or TTY (800) 858-3542.
Nisonger Center Hosts Nutrition Seminars
Dr. Maureen Geraghty, Medical Dietician at the Nisonger Center, offers an education seminar for parents of children with autism. The seminar, Nutrition Interventions and Therapies in Autism, addresses issues ranging from the gluten-free, casein-free (GFCF) diet to individual nutrients involved in various metabolic pathways.
With the abundance of recommendations on the Internet and other sources, parents and professionals are often confused on which resources are sound nutritional interventions. Purported and evidence-based theories abound as to possible nutrition-related contributors to the etiology and symptoms associated with autism spectrum disorders (ASD).
Seminar Topics
The parent seminar provides a brief overview of food sensitivities, gastrointestinal symptoms/ disorders, nutrient deficiencies, and metabolic abnormalities. Specifically addressed are the GFCF diet and dietary supplements such as probiotics, vitamin B6 and magnesium, omega-3 fatty acids, the methylator pathway nutrients (folic acid, vitamin B-12, dimethylglycine-DMG, trimethylglycine-TMG, glutathione) and melatonin in terms of safety and efficacy.
A brief review of the literature is provided, along with a discussion of the clinical trials of each of the nutrition intervention. Trainers at the seminars identify helpful clinical or practical applications and provide a reference list.
Resources
Four brochures are available: (1) ASD and the GFCF diet; (2) ASD and Probiotics; (3) ASD and Vitamin B6 and Magnesium; and (4) ASD and Fish Oils/Essential Fatty Acids. See the brochures and additional information about nutritional therapies on the The LEND Program - Nutritional Resources website.
This fall Geraghty plans to pilot a nutritional intervention clinic for children with autism at the Nisonger Center. For additional information contact the Nisonger Clinic at (614) 292-9844 or amy.hess@osumc.edu or patricia.cloppert@osumc.edu.
Transition Clinic Prepares Students for Work
by Marcie Mendelsohn and Sharon Ramey, Transition Coordinators, Cincinnati Children's Hospital Medical Center and Carol Carter, Rehabilitation Counselor, Ohio Rehabilitation Services Commission
Young adults are better prepared to transition from school to work if they and their families are familiar with the education, training and employment services available in their community. Project Search Transition Clinic, a program offered at the University of Cincinnati University Center for Excellence in Developmental Disabilities, Children's Hospital Division of Developmental and Behavioral Pediatrics provides the supports young adults and their families need to navigate the service system. Participation in the Clinic enables the student and the family to make informed decisions for creating a long-term transition plan leading to training and employment.
Individual Planning
Staff from the Transition Clinic meet individually with the student and the family to develop the transition plan based on vocational interests, abilities and needs of the student. This information is used to coordinate evaluations related to the individual's career goals and to provide eligibility and referral services to state and local service agencies. The staff also assist in the development of the vocational components of an Individualized Education Program (IEP) for children who are still in school and coordinate services between the school, medical team and other service providers.
Transition plans for some students include contacting the Ohio Rehabilitation Services Commission for assistance in gaining competitive employment after the student leaves school. If eligible, these time-limited services could include assessment, training, job development and job coaching.
For more information visit the Transition Clinic website.
OLRS Assists With Employment Rights and Protections
OLRS is the protection and advocacy system for people with disabilities in Ohio. The agency provides a wide-range of assistance and legal advocacy in a variety of circumstances, including employment situations. Protection and advocacy services for employment related issues include:
- Helping clients obtain services to return to work through the Bureau of Vocational Rehabilitation (BVR) or Bureau of Services for the Visually Impaired (BSVI).
- Investigating employment discrimination and advising clients on how to proceed with an employment discrimination claim.
- Negotiating with an employer to provide a reasonable accommodation.
- Assisting clients in filing a charge with the Equal Employment Opportunity Commission or the Ohio Civil Rights Commission and guiding clients through the process.
- Representing clients in employment discrimination cases.
- Advising Social Security beneficiaries on how income will impact their benefits.
- Providing assistance on other issues that impact a client's ability to earn an income.
Employment Services and Programs
OLRS administers the following programs to ensure the rights of individuals with disabilities are protected so they receive accommodations and services needed to begin or return to work.
Client Assistance Program (CAP)
CAP advocates for people who are applying for or receiving services from BVR or BSVI, and/ or the Independent Living Centers. Through CAP, OLRS may provide individual legal representation and advocacy for those who are denied rehabilitation services, have their cases closed, are not satisfied with the services they receive or have other problems with BVR or BSVI.
Protection and Advocacy for Beneficiaries of Social Security (PABSS)
OLRS is designated by the Social Security Act to provide work incentive information and advocacy services to Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) beneficiaries to help them secure or regain employment. Through the PABSS program, OLRS may investigate and review disability discrimination issues or complaints of inadequate services provided to a person with a disability by a service provider, employer or other entity involved in the beneficiary's return to work.
Work Incentives Planning and Assistance (WIPA)
The federal Social Security Administration (SSA) designated OLRS as a Work Incentives Planning and Assistance (WIPA) program serving beneficiaries of SSI or SSDI in 31 of Ohio's 88 counties. The program is designed to secure gainful employment, achieve financial stability, and obtain affordable health care for people with disabilities. WIPA helps people understand their SSA benefits, how these benefits impact employment, and how to access supports needed for employment, so they can make informed choices about employment options.
OLRS is committed to ensuring that individuals with disabilities receive the advocacy services and accommodations they need for employment. Contact OLRS if you need assistance with employment problems that are related to your disability at (voice) (614) 466-7264 or (800) 282-9181; (TTY) (614) 728-2553 or (800) 858-3542.
Contact Information
DD Quarterly is produced by the Ohio Legal Rights Service. To share your comments or suggestions about the newsletter, or to sign-up to receive email notification when the DD Quarterly is published, contact:
Ohio Legal Rights Service
Attn: Tom Hemmert
50 W. Broad Street, Suite 1400
Columbus, Ohio 43215
Voice: (614) 466-7264 or (800) 282-9181
TTY: (614) 728-2553 or (800) 858-3542
Fax: (614) 644-1888
Email: Newsletter@olrs.state.oh.us
About ODDC
The Ohio Developmental Disabilities Council is a group of 35 people, appointed by the governor, who plan and advocate for Ohioans with disabilities. ODDC receives federal funds and distributes those funds by awarding grants for projects and activities that create visions, influence public policy, pilot new approaches, empower individuals and families, and advocate system change. Contact information for ODDC is: 8 East Long Street, Suite 1200 Columbus, Ohio 43215, Voice phone: (614) 466-5205 (800) 766-7426 (Toll free in Ohio); TTY: (614) 644-5530; Fax: (614) 466-0298; Web site: www.ddc.ohio.gov