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mdiv_2013_ch10_powerpoint.pptUnderstanding the Disabled
Chapter Ten
Workplace Diversity
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History
- (1975) Free Education for All Handicapped Children Act- “least restrictive environment possible”
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Workplace Diversity
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Legislation
- Rehabilitation Act of 1973 eliminated exclusion of the disabled from public activities and buildings.
- 1990 American with Disabilities Act (ADA) eliminated discrimination against individuals with disabilities and discarded use of the word handicapped.
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Disabled
What is a disability?
- Disability is a condition of impairment, physical or mental having an objective aspect that can be described by a physician.
- Whereas, Handicapped is used when legally specifying life processes or social activities are ADVERSELY affected. It is the cumulative result of obstacles that affect maximum functioning.
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Myths of the Disabled
- Workers with disabilities are not able to perform their jobs.
- Workers with disabilities are absent from their jobs a lot due to problems.
- Companies will have to spend a fortune to accommodate disabled workers.
- An on-the-job accident that, when added to a worker’s prior disability, results in permanent total disability will make the company liable for permanent total liability.
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Facts related to the myths
When a person applies for a job they should meet the requirements in order to do the job, so if someone disabled is hired then they must possess the necessary skills to accomplish the job with or without a reasonable accommodation.
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Facts related to the myths
The 1981 study ("Equal to the Task") covered 2,745 disabled employees working for the company that year. In four categories (Safety, Performance of Job Duties, Attendance, and Job Stability/Turnover), disabled employees equaled or outdid their non-impaired co-workers.
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Facts related to the myths
Employees with disabilities are very much aware of the difficulty of finding work and they often work hard to maintain a good record.
ITT discovered that the workers with disabilities in their Corinth plant had fewer absences than their non-disabled co-workers, and many other employers site the same outcome.
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Facts related to the myths
The expenditures that most companies would have to make to accommodate disabled workers are minimal in comparison to their annual profits. Many smaller companies could receive assistance through the government.
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Facts related to the myths
Second Injury Fund assumes responsibility of compensation to people with physical disabilities that become totally disabled.
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Reasonable accommodation for disabled people include:
- to participate in the job application process such as making application forms accessible for the visually impaired by utilizing large print or Braille.
- to perform the essential functions of a job such as providing sign language interpreters - so that hard of hearing or deaf employees are able to perform essential job functions.
- to enjoy the benefits and privileges of employment.
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Mental Impairment in the Workplace
Congress expressly excluded the following conditions, among others, from the ADA's definition of "disability": kleptomania, pyromania, exhibitionism, voyeurism, other sexual behavior disorders, and psychoactive substance use disorders resulting from current illegal drug use.
Nor are common personality traits protected. Covered mental impairments do not include, for example, poor judgment, a quick temper, or irritability, so long as the traits are not a symptom of a protected mental impairment.
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Why employ Learning Disabled Adults?
- They are often creative problem-solvers;
- Their skills in non-disability areas are just as strong as, or better than, other adults; and
- They are frequently very resourceful and can use and adapt materials and processes in creative ways.
Workplace Diversity
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Problems Learning Disabled Adults May Face
- Lack of understanding and support from employers;
- Difficulty receiving promotion and advancement opportunities;
- Being forced into low-paying jobs;
- Feelings of inadequacy; and
- Lack of assistive technology or adaptive equipment at work.
- Lack of technology to allow them access to continuing education courses and reading materials.
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Hearing Impairment in the Workplace
A hearing impairment or hearing loss is a full or partial decrease in the ability to detect or understand sounds. Caused by a wide range of biological and environmental factors, loss of hearing can happen to any organism that perceives sound.
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Difference Between a Deaf and a Hard of Hearing Person?
How a person "labels" themselves in terms of their hearing loss is personal and may reflect identification with the deaf community or merely how their hearing loss affects their ability to communicate.
They can either be deaf (lower case “d”), Deaf (capital “D”), or hard of hearing.
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Lower case “d” vs. Capital “D”
The lowercase deaf is used when referring to the audiological condition of not hearing
The uppercase Deaf is used when referring to a particular group of deaf people who share a language -- American Sign Language (ASL) -- and a culture.
Workplace Diversity
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Hard of hearing
The term "hard of hearing" refers to those who have some hearing, are able to use it for communication purposes, and who feel reasonably comfortable doing so. A hard of hearing person, in audiological terms, may have a mild to moderate hearing loss.
Workplace Diversity
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On the Job with HIV
After diagnosis, many HIV positive men and women continue to work. For those too sick to work when diagnosed, HIV medications will get them back to health and back to work. While going back to work is a positive thing for many people, the workplace and employee must be aware of some things in order to make their return a positive experience.
Workplace Diversity
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HIV Concerns
Does the HIV employee have to inform their employer of their HIV Diagnosis?
This is entirely up to them. They are under no legal obligation to disclose their HIV status (in most cases) because HIV is not transmitted by casual contact. So they are under no risk to their fellow employees (in most cases).
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HIV Concerns
Does casual contact with an HIV infected employee put others at risk?
Casual contact is not a risk factor for transmitting HIV.
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When do you make a reasonable accommodation?
- An employer is only required to accommodate a "known" disability of a qualified applicant or employee. Thus, it is the employee’s responsibility to tell the employer that he or she needs a reasonable accommodation.
- If the employee does not want to disclose that he or she has HIV or AIDS, it may be sufficient for the employee to say that he or she has an illness or disability covered by the ADA, that the illness or disability causes certain problems with work, and that the employee wants a reasonable accommodation.
- However, an employer can require medical documentation of the employee’s disability and the limitations resulting from that disability.
What is my disability?
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- Tom Cruise
- Alexander Graham Bell
- Napolean Bonaparte
- Harriet Tubman
- Barbara Walters
- Franklin Delano Roosevelt
What is my disability?
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- Walt Disney
- George Washington
- Albert Einstein
- Abraham Lincoln
- Michaelangelo
- Marilyn Monroe
Why is it important?
- Why should you educate yourself about disabilities?
- Since the start of FY 2011, the Commission has filed more than 200 lawsuits involving claims of discrimination based on disability under the Americans with Disabilities Act of 1990 and the ADA Amendments Act of 2008.
- Since the start of FY 2011, through its litigation program, the Commission has recovered approximately $52,000,000 (as well as important injunctive and other "make whole" relief) in cases involving disability discrimination.
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What would you do?
- An employee with a visual impairment is hired as your new customer service rep
- A factory worker is in a car accident and is now confined to a wheelchair
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Discussion
- Does a person have to disclose their disability?
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How to Interact
- What are ways to appropriately interact with someone who has a disability?
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