PRESIDENT'S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH DISABILITIES Education Kit 1997 Included in this Kit: * Cover Page * A Message from Chairman Tony Coelho * Introduction * Basic Facts * Tax Incentives for Business * Hiring People with Disabilities * Marketing to Customers with Disabilities * Workplace Accommodation Process * Personal Assistance Services in the Workplace * What to Do if You Have Been Discriminated Against * Essential Elements of an Effective Job Search ---------- A Message From Chairman Tony Coelho July, 1997 "Ability The Bridge to the Future": This year's awareness and educational program theme signifies two basic truths: the importance for all individuals, including those of us with disabilities, to prepare for the future by investing in ourselves today; and the need for employers to focus on the abilities of qualified job applicants with disabilities to meet the increasing need for skilled workers. During this final decade of the 20th century, people with disabilities and all Americans who believe in inclusion, justice, and empowerment have won significant legislative victories. Title I of the Americans with Disabilities Act of 1990 guarantees the right to equal and fair treatment in competing for jobs and nondiscrimination on the job. The Telecommunications Act of 1996 guarantees that vital communication technology will be accessible to all of us. Laws alone cannot guarantee that discrimination will cease or that people with disabilities will have equal opportunities in the workforce. Nonetheless, U.S. Census Bureau figures show that thousands more people with disabilities have gone to work since the passage of the ADA. Between 1991 and 1994, 800,000 more individuals with severe disabilities entered the workforce. These data represent a 27 percent increase in employment! Yet, we clearly need to do more. Census data document that nearly 50 percent of working age individuals with disabilities in this country were not working in 1994. Employment is too critical for economic and social independence and for feelings of self-worth for us to be satisfied with the progress we have made thus far. Instead, all of us must redouble our efforts as we approach the dawn of the 21st century. The existing partnerships among the disability community, employers, labor unions, and government are a firm foundation for success. Society must build upon this foundation. We must look into the future, determine the employment and entrepreneurial opportunities the next century presents, and position ourselves so that we can benefit from these economic opportunities. Only by focusing on, developing, and expanding their abilities will individuals with disabilities be able to take advantage of the opportunities on the horizon. And only by tapping into the vast pool of qualified workers, including the abilities of people with disabilities, will employers attain a skilled workforce that can compete effectively in the new century. Ability is the bridge to the future for all Americans. The 49 million of us with disabilities are ready to cross that bridge and make significant contributions to society. We have the vision. We have the initiative. We have the skills. We have the perseverance. Your efforts to develop awareness and educate the public will help us prepare for and cross over the bridge to the future together. Tony Coelho ---------- Introduction The 1997 Educational Kit has been constructed to provide you with materials to help advance the employment of people with disabilities throughout the year. For example, these materials can be used to plan programs held in July to celebrate the anniversary of the Americans with Disabilities Act (ADA) and in October for National Disability Employment Awareness Month (NDEAM). ADA and NDEAM are only two of the many natural tie-ins which can be part of your year-long campaign. Be creative! President George Bush signed the ADA into law on July 26, 1990. The ADA built upon two great civil rights statutes, the Civil Rights Act of 1964 and Title V of the Rehabilitation Act of 1973. The ADA generally adopts the framework of Titles II and VII of the Civil Rights Act of 1964 for coverage and enforcement, and invokes the terms and concepts of Sections 503 and 504 of Title V of the Rehabilitation Act of 1973 for what constitutes discrimination. This act established a clear and comprehensive prohibition of discrimination on the basis of disability. The ADA creates a bridge of opportunity for millions of Americans with disabilities to travel into employment. In 1945, decades before the passage of the ADA, Congress passed Resolution 176, designating the first week in October of each year as "National Employ the Physically Handicapped Week". In 1962, the word "physically" was removed from the week's name to recognize the employment needs of all persons with disabilities. In 1988, Congress expanded the week to a month and changed its name to "National Disability Employment Awareness Month." The theme for this year's educational program is "Ability - Bridge to the Future". The ADA has built the bridge to the 21st century for full integration of persons with disabilities into the fiber of American life. It will take a partnership among employers, the labor movement, government, and persons with disabilities if the bridge is to be successfully crossed. Persons with disabilities have the ability to meet the challenges of the workforce needed to maintain American business and industry's competitive leadership in the expanding global economy. Whatever the setting, employers' demand for skilled employees can be filled by the talents and skills of the most underutilized labor pool in this country - persons with disabilities. Persons with disabilities can work in factories and offices. They are trained to be architects, bankers, computer programmers, plumbers, health aides, and in numerous other positions. Ability is the bridge to the future. Working together, we can ensure that persons with disabilities successfully navigate the bridge. To help stimulate your creative juices in planning your educational campaign, here are samples of activities developed around the country to promote the employment of individuals with disabilities over the past several years. Remember: These examples are only a starting point. Let your ingenuity be your guide. * * The Columbus office of the Ohio Bureau of Employment Services promoted National Disability Employment Awareness Month and its theme on the agency's FAX cover sheets. * The San Francisco Mayor's Committee, in partnership with the Chamber of Commerce, conducted a career fair. Seminars were held during the fair for employers and persons with disabilities. Among the topics covered were benefits of including people with disabilities in a company and tips on talking about one's disability in an interview. * The Indiana Governor's Planning Council for People with Disabilities recommended to businesses and organizations that they pursue the printing of short messages regarding employment of people with disabilities on utility or corporate mailing indicia, bank receipts, and/or credit card billing statements. * Bechtel Corporation in Nevada held a lecture series for its employees which focused on disability awareness issues. * The Axis Center of Public Awareness of People with Disabilities, in cooperation with a large number of Ohio organizations, aired, via satellite telecast, a special program on the ADA produced by people with disabilities. * The state of Utah's Department of Employment Security and Division of Vocational Rehabilitation created "Project Opportunity." The project's aim has been to help increase employment opportunities for persons with disabilities. The department also used materials from the Educational Kit in its monthly newsletter. * The Austin, TX, Mayor's Committee for People with Disabilities conducted an awards conference and banquet entitled "Preparing the Workforce for the 21st Century." * The students in government classes of Shawnee Missions Northwest High School, KS, reviewed and discussed the National Disability Employment Awareness Month proclamations issued by the mayors of Merriam, Shawnee, and Lenexa. * Food Lion Corporation uses materials from the Educational Kit to train its staff regarding disability issues. * The city of Biloxi, MS, conducted an awareness fair that featured exhibits from more than 30 state and local agencies and a career awareness seminar. * The Northport, NY, and Alexandria, LA, Veterans Affairs Medical Centers conducted disability awareness programs featuring successfully employed individuals with disabilities as speakers. Additional Materials: There are additional materials that you may order to assist you with your year-long activities to advance the employment of persons with disabilities. Most of these materials are available on our web site at http://www.pcepd.gov. President's Committee on Employment of People with Disabilities 1331 F Street, NW Washington, DC 20004-1107 (202) 376-6200 (Voice), (202) 376-6205 (TDD) (202) 376-6859 (FAX) info@pcepd.gov President's Committee Job Accommodation Network (JAN) (800) 526-7234 (VOICE/TTD/TTY). A Service of the President's Committee. JAN Publications: * Cost of Job Accommodations * ADA Evaluation Checklist and Guide Acknowledgements: We would like to thank members of the President's Committee's Communication, Employer and Employees with Disability Concerns Subcommittees for their assistance in the development of the fact sheets contain in this kit. ---------- Basic Facts Employment Who are persons with disabilities? What do we know about their employment status? Outlined below are key facts which provide information on persons with disabilities and their current employment picture. According to the U.S. Census Bureau's Survey of Income and Program Participation (SIPP) data, there was a significant increase in the percentage of persons with severe disabilities employed from 1991 to 1994 (see table below). These figures tell both a "good news" and "bad news" story. The Good News is... Among persons with severe disabilities who are 21 to 64 years of age, 800,000 more were working in 1994 than in 1991. While some of that growth might be due to growth in the population of persons with severe disabilities, it is still a significant gain! The following employment trend was reported in the (SIPP) survey conducted by the U.S. Census Bureau: Persons with Severe Disabilities Employed | 1991 | 1993 | 1994 Percentage | 23.3% | 25.0% | 26.1% Number | 2.91 million | 3.45 million | 3.71 million Note: In 1994, there were 29.4 million working-age persons with disabilities. Of that number, 14.2 million had severe disabilities. The Bad News is... As of the last year surveyed (1994), 73.9 percent of persons with severe disabilities 21 to 64 years of age were not employed. This figure is calculated by subtracting those employed (26.1%) from 100 percent. When we view the above table from this perspective, we realize how much further we have to go. An examination of the Census surveys (SIPP) for the population of all persons with disabilities reveals more information. All Persons with Disabilities Employed | 1991 | 1993 | 1994 Percentage | 52.0% | 52.4% | 52.3% Number | 14.26 million | 15.11 million | 15.39 million In view of the fact that approximately 82 percent of the total U.S. working age population works, it becomes clear how much further we must go before people with disabilities reach employment parity with the general population. Here is the breakdown as of 1994: * People with Severe Disabilities Employed = 26.1% * All People with Disabilities Employed = 52.3% * General Population Employed = 82.1% As defined in the Census survey, a person with a severe disability is one who is unable to perform one or more activities of daily living; or, has one or more specific impairments; or, is a long term user of assistive devices such as wheelchairs, crutches, and walkers. As defined in the Census survey, a person with a non-severe disability is one who has difficulty performing functional activities such as hearing, seeing, having one s speech understood, lifting and carrying, climbing stairs and walking; or, difficulty with activities of daily living. Cost of Accommodations For the past 10 years, the President s Committee's Job Accommodation Network (JAN) has been assisting employers, people with disabilities, and others to determine needed job accommodations for employees with disabilities. As a result of handling well over 100,000 such cases, our JAN service has learned, first hand, how much it costs to accommodate workers with disabilities, and how much money is saved by the employer as a result of providing a job accommodation. This time the story is nothing but "Good News". The facts about the cost of job accommodations: Cost | Percentage No cost | 20% Between $1 and $500 | 51% Between $501 and $1,000 | 11% Between $1,001 and $1,500 | 3% Between $1,501 and $2,000 | 3% Between $2,001 and $5,000 | 8% Greater than $5,000 | 4% According to the JAN's September 1996 Report: * The average cost of a job accommodation for a person with a disability is $200. * For every dollar an employer spends for a disability-related job accommodation, the company saves $34 (e.g., workers compensation and other insurance savings, training of new employees, increased productivity). Other Facts According to the U.S. Census Bureau's 1992 SIPP: * An estimated 48.9 million people, or 19.4 percent of the non-institutionalized civilians in the United States, have a disability. * An estimated 24.1 million people have a severe disability. * An estimated 34.2 million people in the United States, or 17.5 percent, have a functional limitation. Functional Limitation | Number Going up a flight of stairs | 17.5 million Lifting a bag of groceries | 16.2 million Hearing what is said in a normal conversation | 10.9 million Seeing words or letters in ordinary newsprint, even when wearing glasses | 9.7 million Having one's speech understood | 2.3 million Walking a quarter of a mile | 17.3 million * More than half the population over age 65 have a disability. According to Accepted Estimates (National Institute on Disability and Rehabilitation Research s (NIDRR) Chartbook on Disability, 1996): * An estimated 2.5 million persons, or one percent of the population, experience mental retardation. * An estimated 51.3 million persons, or 28.1 percent of the population, have a mental disability in any given one-year period. * About 5 million people, or 2.8 percent of the adult population, experience a severe mental disability. According to the 1992 National Health Interview Survey: * An estimated 4.0 million children and adolescents, or 6.1 percent of the population under 18 years of age, have disabilities. According to the 1990 Family Resource Supplement to the National Health Interview Survey: * An estimated 20.3 million families, or 29.2 percent of all families in the United States, have at least one member with a disability. * The family disability rate is 28.5 percent among partnered families and slightly higher (32.1%) among single parent families. ---------- Tax Incentives For Business There are three tax incentives available to help employers cover the cost of accommodations for employees with disabilities and to make their places of business accessible for employees and/or customers with disabilities. Small Business Tax Credit: IRS Code Section 44, Disabled Access Credit What is it? Small businesses may take an annual tax credit for making their businesses accessible to persons with disabilities. Who is eligible? Small businesses that in the previous year earned a maximum of $1 million in revenue or had 30 or fewer full-time employees are eligible. What is the amount? The credit is 50 percent of expenditures over $250, not to exceed $10,250, for a maximum benefit of $5,000. The credit amount is subtracted from the total tax liability after calculating taxes. What expenses are covered? The credit is available every year and can be used for a variety of costs such as: * sign language interpreters for employees or customers who have hearing impairments; * readers for employees or customers who have visual impairments; * the purchase of adaptive equipment or the modification of equipment; * the production of print materials in alternate formats (e.g., braille, audio tape, large print); * the removal of architectural barriers in buildings or vehicles. What expenses are not covered? The tax credit does not apply to the costs of new construction, and a building being modified must have been placed in service before November 5, 1990. How can this credit be claimed? Businesses can claim the Disabled Access Credit on IRS Form 8826. Where can I obtain additional information? Contact Mark Pitzer, Attorney Office of Chief Counsel, IRS 1111 Constitution Avenue, NW Washington, DC 20224 (202)622-3110. Architectural/Transportation Tax Deduction: IRS Code Section 190, Barrier Removal What is it? Businesses may take an annual deduction for expenses incurred to remove physical, structural, and transportation barriers for persons with disabilities at the workplace. Who is eligible? All businesses are eligible. What is the amount? Businesses may take a tax deduction of up to $15,000 a year for expenses incurred to remove barriers for persons with disabilities. Amounts in excess of the $15,000 maximum annual deduction may be depreciated. What expenses are covered? The deduction is available every year. It can be used for a variety of costs to make a facility or public transportation vehicle, owned or leased for use in the business, more accessible to and usable by persons with disabilities. Examples include the cost of: * providing accessible parking spaces, ramps, and curb cuts; * providing telephones, water fountains, and restrooms which are accessible to persons using wheelchairs; * making walkways at least 48 inches wide. What expenses are not covered? The deduction may not be used for expenses incurred for new construction, or for a complete renovation of a facility or public transportation vehicle, or for the normal replacement of depreciable property. May I use the tax credit and tax deduction together? Small businesses may use the credit and deduction together, if the expenses incurred qualify under both Sections 44 and 190. For example, if a business spent $12,000 for access adaptations, it would qualify for a $5,000 tax credit and a $7,000 tax deduction. Are there limits on annual usage? Although both the tax credit and deduction may be used annually, if a business spends more than may be claimed in one year, it cannot carry over those expenses and claim a tax benefit in the next year. How can this credit be deducted? The amount spent is subtracted from the total income of a business to establish its taxable income. In order for expenses to be deductible, accessibility standards established under the Section 190 regulations must be met. Where can I obtain additional information? Contact Mark Pitzer, Attorney Office of Chief Counsel, IRS 1111 Constitution Avenue, NW Washington, DC 20224 (202)622-3110. Work Opportunity Tax Credit (WOTC) What is it? The Work Opportunity Tax Credit (WOTC), which replaces the Targeted Jobs Tax Credit (TJTC) program, provides a tax credit for employers who hire certain targeted low-income groups, including vocational rehabilitation referrals, qualified AFDC recipients, veterans, ex-felons, food stamp recipients, and summer youth employees. How does it apply to persons with disabilities? Applicants who are vocational rehabilitation (VR) referrals are eligible. A VR referral is certified by the State Employment Security Agency (SESA) as: * having a physical or mental disability resulting in a hindrance to employment, and * referred to an employer upon completion of or while receiving rehabilitative services, pursuant to the Vocational Rehabilitation Act of 1973, as amended. What is the amount? An employer may take a tax credit of up to 35 percent of the first $6,000, or up to $2,100, in wages paid during the first 12 months for each new hire. What are the effective dates? October 1, 1996 through September 30, 1997. This program is subject to yearly Congressional renewal. What are the Minimum Employment Requirements? Eligible employees must work 180 days or 400 hours; summer youth must work 20 days or 120 hours. What agency provides the WOTC certification? The local State Employment Security Agency (SESA). How do I file for this credit? Complete and submit IRS Form 8850, Work Opportunity Credit Pre-Screening Notice and Certification Request, to your local SESA. How does it work? * The employer determines likely eligibility by including the WOTC Pre-Screening Notice as part of the application process. * On or before the day employment is offered, the Pre-Screening Notice must be signed by the employer and employee and mailed to the SESA within 21 days after the employee begins work. * The employer documents eligibility (based on information received from the employee) and submits documentation to the SESA. * SESA certifies which individuals are eligible for WOTC, and notifies the employer in writing for purposes of filing the tax credit. Where can I obtain IRS Form 8850? Call (800) TAX-FORM (829-6676) or visit the IRS Website at http://www.irs.ustreas.gov/prod Where can I obtain additional information? U.S. Department of Labor Employment & Training, Public Affairs (202) 219-6871 or your local SESA Contact Robert Wheeler, Staff Attorney Office of the Associate Chief Council Employee Benefits and Exempt Organizations IRS (202) 622-6060 This tip sheet was prepared as part of the Outreach to Small Business project of the President's Committee on Employment of People with Disabilities. The goals of this project are to educate small and medium-sized businesses about the ADA; the benefits of hiring, retaining, and promoting people with disabilities; and resources easily accessed by those businesses. For more information on this program, contact the President's Committee (202) 376-6200 (V), (202) 376-6205 (TDD), info@pcepd.gov ---------- Hiring People With Disabilities Listed below are commonly asked questions regarding hiring people with disabilities and resources to obtain answers. Question: * Where can I get information at the national level regarding employment issues and the Americans with Disabilities Act (ADA)? * Where can I obtain written information about the ADA and my obligation as an employer? * Where can I get ADA technical assistance at the national level? Response: * The President's Committee on Employment of People with Disabilities: (202)376-6200 (V) (202)376-6205 (TDD) info@pcepd.gov http://www.pcepd.gov * Equal Employment Opportunity Commission (EEOC): For Technical Assistance: (800)669-4000 (V) or (800)669-6820 (TDD) To Obtain Documents: (800)669-3362 (V) or (800)800-3302 (TDD), http://www.eeoc.gov Question: * I just hired an employee who uses a wheelchair. What accommodation(s) will be needed? * My new employee informed me that she has a learning disability. Where can I go to get more information? * What if I need information regarding accommodations for persons with psychiatric disabilities? Who can I call? * What kind of equipment or technology is available to enable my employees with disabilities to complete their job tasks? * How much will a workplace accommodation cost and will I be able to save money to implement the modification? * Who can assist me with writing a job description and identifying the essential job requirements? Response: * The President's Committee on Employment of People with Disabilities Job Accommodation Network (JAN): (800)526-7234 (V/TDD) http://www.jan.wvu.edu/english/homeus.htm * Disability and Business Technical Assistance Centers (DBTACs): (800)949-4232 (V/TDD) Question: * I want my employment application and other employment materials available in alternate formats for my job applicants and employees with visual disabilities. Who can I call? * Our human resources staff would like to have their business cards brailled. How can we get them done? Response: * National Library Service for the Blind and Physically Handicapped: (202)707-9275(V) (800)424-8567 ask for reference(V) nls@loc.gov http://www.loc.gov/nls/reference Question: * Am I legally required to comply with the employment provisions of ADA? If so, what are my responsibilities? * What are the regulations under Title I of the ADA that apply to me as a small business employer? * How do I know whether my employment practices are nondiscriminatory? * Who is a "qualified individual with a disability"? * What is an undue hardship ? * How does the ADA affect my employees health benefit plans and the company s workers compensation program? * Does the ADA impact medical examinations that I require of all employees? If so, how? Response: * Equal Employment Opportunity Commission (EEOC): For Technical Assistance: (800)669-4000 (V) or (800)669-6820 (TDD) To Obtain Documents: (800)669-3362 (V) or (800)800-3302 http://www.eeoc.gov * Disability Rights Education Defense Fund (DREDF) ADA Hotline: ADA questions and publications: (800)466-4232 (V/TDD) Question: * I need help with structural modifications to make my business accessible to employees and customers with disabilities. Where can I get help with architectural questions? Response: * Architectural & Transportation Barriers Compliance Board (Access Board): Documents and questions (800)872-2253 (V) (800)993-2622 (TDD) (202)272-5448 (Electronic Bulletin Board) http://www.access-board.gov Question: * I am holding a business function for my employees. Where can I find qualified sign language interpreters for employees who are deaf? Response: * Registry of Interpreters for the Deaf: (301)608-0050 (V/TDD), (301)608-0508 (FAX) Question: * What kind of tax incentives are there if I make reasonable accommodations in my company? * Are there any resources that provide financial assistance when I hire a person with a disability? Response: * Internal Revenue Service: (800)829-1040 * U.S. Department of Labor: (202)219-6871 Question: * How can I find out about local agencies that can help me with issues regarding hiring a person with a disability? * Who in my state can assist me in implementing a workplace accommodation? * Where can I recruit qualified individuals with disabilities? Response: * National Council for Independent Living: (703)525-3406, ncil@tsbbs02.tnet.com * Department of Veterans Affairs: (202)273-7419 (Check your local telephone directory for the regional or local office.) * President's Committee on Employment of People with Disabilities: (202)376-6200(V) 202-376-6205 (TDD) info@pcepd.gov http://www.pcepd.gov/state.htm * Rehabilitation Services Administration: (202)205-8719 (Check your local telephone directory for state or local office.) * Project with Industry: (202)543-6353 or inabir@poltech.com Question: * Where can I learn more about specific disability groups? * Are there other businesses in my area with which I can network concerning disability issues? * How can I find out about conferences and workshops in my state? Response: * To find out how to contact State Governors or Mayors Committees on the Employment of People with Disabilities, contact the President's Committee on Employment of People with Disabilities at (202)376-6200 (V) (202)376-6205 (TDD) info@pcepd.gov http://www.pcepd.gov/state.htm or check your local telephone directory * Regional Disability and Business Technical Assistance Centers (DBTACs): (800)949-4232 * President's Committee on Employment of People with Disabilities Business Leadership Network (BLN): (202)376-6200 (V), (202)376-6205, info@pcepd.gov ---------- Marketing to Customers with Disabilities The Potential Market According to a 1992 U. S. Census study, there are 49 million Americans with disabilities that s nearly one out of every five Americans. Approximately half those over the age of 65 are disabled. The more the population ages, the more likely it will be that the number of persons with disabilities will increase. The 49 million Americans with disabilities currently control $175 billion in discretionary income, despite the fact that only 52 percent of the working-age population, 15.3 million persons with disabilities, is employed. People with disabilities who are unemployed receive public and private direct income support totaling $109 billion. As more and more individuals with disabilities enter the workforce, their purchasing power will increase. Added to these dollars is the purchasing potential of families of persons with disabilities. A recently released study by the U. S. Department of Education, based on 1990 data, reports that of the 69.6 million families in the United States, 20.3 million have at least one member with a disability. Except for products geared specifically to disability-related needs, this segment of the consumer market has been largely ignored. Only in recent years have advertisers of general merchandise begun to recognize persons with disabilities as an important market segment. What You Need to Know The first thing to remember when marketing to persons with disabilities is that they have the same range of preferences, perceptions, attitudes, habits, and needs that drive consumer behavior of persons without disabilities. Customers with disabilities have the same requirements as customers without disabilities quality products and services that meet their needs, reliability, and competitive market prices. Company outreach initiatives need to convey that people with disabilities are valued as customers. If their needs are satisfactorily met, customers with disabilities become loyal users and advertisements for the products and services. In addition to the discretionary purchasing potential that individuals with disabilities and their families may have, public and private third party payers, such as veteran service organizations, vocational rehabilitation programs, and the educational system, purchase services, equipment, and/or products for persons with disabilities. In 1993, direct service expenditures by the Veterans Administration, the U. S. Department of Defense, and the Rehabilitation Services Administration totaled $3 billion. According to a recent General Accounting Office report, implementing the access provisions of the Americans with Disabilities Act has increased revenues in the hotel and hospitality industry by 12 percent. Other industries should take note and follow suit. Some advertisers cater heavily to the teen market, which controls only $67 billion in spending power less than half that of the disability market. A largely untapped consumer market exists, and business has a lucrative window of opportunity to tap into this market if it becomes customer responsive to persons with disabilities. Marketing Strategy As with any market, it is important to segment and define the disability market and to utilize a variety of strategies that include both generic and niche marketing. In developing a marketing strategy, perhaps the most important thing to remember is that people with disabilities are the only ones who really know what they need or want. For much too long, assumptions have been made for them, rather than with them. The following ideas should be considered in a marketing strategy for consumers with disabilities: * * Test your marketing approach with people with disabilities. Select people with a variety of disabilities to be part of your strategy * Keep an open mind about what persons with disabilities can or cannot do, want or need, to drive your marketing strategy. Advances in technology, rehabilitation, and medicine, coupled with changes in societal attitudes, make many activities previously thought impossible for persons with disabilities possible. * Recognize the diversity of the disability market. Do not assume that one size fits all. Define why this market sector, and its development team. individual components, needs your services or products. * Include people with disabilities in your product development. Remember that products geared to meet the needs of persons with disabilities often can be marketed to the public at large (e.g., the electric garage opener). * Develop simple modifications to make existing services and products user-friendly to persons with disabilities. * Test market your products and services with the disability community to measure accessibility and/or usability by persons with different types of disabilities. * Develop promotional strategies that target persons with disabilities and their family members as desired customers. * Integrate persons with disabilities in your print and television advertising. Use persons with disabilities as models, actors in your commercials, or as spokespersons. * Include disability community newspapers, magazines, and newsletters in your print advertising budget. * Attend and exhibit at annual consumer disability conferences, as well as disability-related conferences for third party payers and professional organizations. * Become involved with the disability community by sponsoring and/or participating in a national or local event or project. Resources President's Committee on Employment of People with Disabilities: (202)376-6200 (V), (202)376-6205 (TDD) info@pcepd.gov http://www.pcepd.gov State Governors Committees: (For a list of state liaisons, see President's Committee's Web page: http://www.pcepd.gov/state.htm.) National Council on Independent Living: (703) 525-3406 (V), ncil@tsbbs02.tnet.com ---------- Workplace Accommodation Process The 1990 Americans with Disabilities Act (ADA) requires that employers with 15 or more employees make reasonable accommodations in the workplace for employees with disabilities. Reasonable accommodations must be made on a case-by-case basis and are not required when costs would constitute an undue hardship for an employer. What are Reasonable Accommodations? Reasonable accommodations are adjustments or modifications which range from making the physical work environment accessible to restructuring a job, providing assistive equipment, providing certain types of personal assistants (e.g., a reader for a person who is blind, an interpreter for a person who is deaf), transferring an employee to a different job or location, or providing flexible scheduling. Reasonable accommodations are tools provided by employers to enable employees with disabilities to do their jobs, just as the employer provides the means for all employees to accomplish their jobs. For example, employees are provided with desks, chairs, phones, and computers. An employee who is blind or who has a visual impairment might need a computer which operates by voice command or has a screen that enlarges print. What is Undue Hardship? This legal term is defined in the ADA as an action requiring significant difficulty or expense for the business/employer, considering the following factors: * the nature and cost of the proposed accommodation, * the overall financial resources of the business and the effect of the accommodation upon expenses and resources, and * the impact of the accommodation upon the operation of the facility. When May a Job Accommodation be Required? A workplace accommodation may be requested by an employee with a disability at any time during employment. After initiating the workplace accommodation process, the individual and the employer should discuss the request. There are several considerations when determining reasonable accommodation requests, including the demands of the job, the employee's skills and functional limitations, available technology, and cost. After both parties agree that a workplace accommodation is needed, an appropriate one must be selected. What are the Steps to Consider When Making a Workplace Accommodation? Step 1: Decide if the employee with a disability is qualified to perform the essential functions of the job with or without an accommodation. Step 2: Identify the employee's workplace accommodation needs by: * involving the employee who has the disability in every step of the process; * employing confidentiality principles while exploring ways to provide workplace accommodations; * consulting with rehabilitation professionals, if needed; * using job descriptions and job analyses to detail essential functions of the job; and * identifying the employee's functional limitations and potential accommodations Step 3: Select and provide the accommodation that is most appropriate for the employee and employer. * Costs should not be an undue hardship. * Accommodations selected should be effective, reliable, easy to use, and readily available for the employee needing the accommodation. * An employee should try the product or piece of equipment prior to purchase. Step 4: Check results by: * monitoring the accommodation to see if the adaptation enables the employee to complete the necessary work task(s); and * periodically evaluating the accommodation(s) to ensure effectiveness. Step 5: Provide follow-up, if needed, by: * modifying the accommodation if necessary; or * repeating these steps if appropriate. What Tax Credits are Available to Assist with Workplace Accommodations? Disabled Access Tax Credit: This is a tax credit available to an eligible small business in the amount of 50 percent of eligible expenditures that exceed $250 but do not exceed $10,250 for a taxable year. Architectural Barrier Tax Deduction: Businesses may deduct up to $15,000 of the costs incurred each year to remove physical, structural, or transportation barriers in the workplace. Where Can I Obtain Additional Information About Workplace Accommodations? The President's Committee on Employment of People with Disabilities Job Accommodation Network (JAN): (800)526-7234 (V/TDD) http://www.jan.wvu.edu/english/homeus.htm Disability and Business Technical Assistance Centers (DBTACs): (800)949-4232 (V/TDD) Equal Employment Opportunity Commission (EEOC): For Technical Assistance: (800)669-4000 (V) or (800)669-6820 (TDD) To Obtain Documents: (800)669-3362 (V) or (800)800-3302 (TDD) Mark Pitzer, Attorney Office of Chief Counsel IRS 1111 Constitution Avenue, NW Washington, DC 20224 (202)622-3110 ---------- Personal Assistance Services in the Workplace What are Personal Assistance Services? Personal Assistance Services (PAS) can be defined as people or devices that assist a person with a physical, sensory, mental, or cognitive disability with tasks that the person would perform for himself or herself if he or she did not have a disability. In general, these may include assistance with dressing, bathing, eating, toileting, and cognitive tasks such as handling money or facilitating communications access with a reader or an interpreter. What are Personal Assistance Services in the Workplace? In the workplace, PAS is provided as a reasonable accommodation to enable an employee to perform the functions of a job. The employer's responsibility for providing reasonable accommodations begins when the employee reaches the job site and concludes when the work day ends. PAS in the workplace does not include skilled medical care. Work-related PAS might include filing, retrieving work materials that are out of reach, or providing travel assistance for an employee with a mobility impairment; helping an employee with a cognitive disability with planning or decision making; reading handwritten mail to an employee with a visual impairment; or ensuring that a sign language interpreter is present during staff meetings to accommodate an employee with a hearing impairment. Each person with a disability has different needs and may require a unique combination of PAS. What Personal Assistance Services has been Provided in the Workplace? The following examples of PAS were drawn from the database of the President s Committee s Job Accommodation Network (JAN) and represent actual workplace accommodations that employers have provided for their employees with disabilities. These represent only a sampling of the many forms that PAS can take in the workplace: A state agency maintenance mechanic with Amyotrophic Lateral Sclerosis, also known as Lou Gehrig's disease, had difficulties climbing stairs and carrying materials. The job was restructured so that this individual always worked in a team with another mechanic. The co-worker was easily able to carry the equipment and do the required lifting on the job while this worker performed other necessary tasks. Because the facility had no elevator, the worker was assigned only to jobs on the first floor. An engineering assistant who is paraplegic could not open the entry or exit doors because of the type of security system at the communication company where he worked. The system included a security guard on duty at the door. The guard opened the door for the employee. A college professor with physical limitations resulting from a stroke was assigned a student worker to assist with transport of materials to and from classes. The cost was minimal as the worker was already assigned to the department and performed other duties, as well. This task took approximately five hours per week of the student worker's time. An office employee who is paraplegic working for a food manufacturer was provided an escort to his car to assist him in going through the doors and in folding and loading his wheelchair. An engineer who uses a wheelchair held a job in a manufacturing company that required employees to move throughout a campus facility inspecting various aspects of the buildings, typically using the ability to climb, scoot, and crawl into small spaces. The engineers worked in teams. One member of the team would videotape the areas that this worker could not access. The engineer then used the videotape to gather pertinent information for the task. A proofreader in a publishing company who uses a wheelchair was not able to transport materials from an inaccessible location to her work station. She was provided a low file cabinet and drawer unit that she could access and some necessary materials were placed within her reach. This area was periodically stocked for her by co-workers. Other materials that needed to be housed elsewhere were brought to her on a daily basis by her co-workers, who were also obtaining their own materials when retrieving or returning hers. A federal agency employed two-full time sign language interpreters to accommodate the communication needs of numerous employees who are deaf. Having the interpreters on staff eliminated the need to contract out for this service. This solution saved time and eliminated the necessity of scheduling interpreters two weeks in advance, allowing for impromptu meetings. In addition, the staff interpreters were familiar with the vocabulary, protocols, and individuals within the agency, enabling them to perform their duties better. An insurance company program analyst who is deaf had to communicate with others 90 percent of the time. The person worked with a team, but team members rotated throughout various projects. An interpreter was hired to facilitate communication between this worker and other team members. A private school employed a counselor who is blind. Accommodations included providing a screen reader and voice synthesizer for computer activities and a part-time support service assistant for completing handwritten paperwork and reading print materials. A health care service case manager who is blind was provided a driver to assist in making home visits. The same driver also was used for other driving needs of the health care facility. As often as possible, trips were scheduled so that the driver was transporting this individual and meeting other needs of the agency at the same time. What Resources are Available for Additional Information? The President's Committee on Employment of People with Disabilities Job Accommodation Network (JAN) is a toll-free service that provides information about workplace accommodations and the employability of people with disabilities. Calls are answered by experienced consultants who have instant access to the most comprehensive and up-to-date information about accommodation methods, including personal assistance. Contact: (800) 526-7234 (V/TDD), http://www.jan.wvu.edu/english/homeus/htm The World Institute on Disability s Rehabilitation Research and Training Center conducts research to further understanding of how PAS can promote the economic self-sufficiency, independent living, and full integration of people with disabilities into society. A publication list of research results is available. For answers to questions, call the center's Information Connection voice mail response system at (510) 251-4301 or contact the World Institute on Disability, RTCPAS, 510 16th Street, Suite 100, Oakland, California 94612, (510) 763-4100 (V), (510) 208-9493 (TDD). ---------- What To Do If You Think You Have Been Discriminated Against Several federal laws prohibit employment-related discrimination on the basis of disability. Violations might be related to hiring, reasonable accommodations, advancement, or dismissal. Individuals who believe they may have been discriminated against should assess their situations according to the following guidelines and then take actions deemed appropriate. STEP 1: Investigate the laws that prohibit employment-related discrimination on the basis of disability. Note which laws cover public sector employers, which cover private sector employers, and the applicable time limits for filing claims. * Title I of the Americans with Disabilities Act (ADA) (P.L. 101-336) prohibits private sector employers (including employment agencies and labor unions) and state and local government agencies that employ 15 or more individuals from discriminating against qualified individuals with disabilities in all aspects of employment. Title II of the ADA provides the same protection to employees of state and local government agencies regardless of the number of employees such agencies employ. Persons who have been discriminated against on the basis of a perceived disability or record of having a disability also are covered by the ADA. * The Rehabilitation Act of 1973 (P.L. 93-112), as amended, prohibits discrimination in employment in three areas: Section 501 of the Rehabilitation Act prohibits federal executive branch agencies, including the U.S. Postal Service and the Postal Rate Commission, from discriminating against qualified individuals with disabilities. It requires executive branch agencies to take affirmative action in the hiring, placing, and advancing of individuals with disabilities. Section 503 of the Rehabilitation Act requires contractors and subcontractors who have contracts with the federal government for $10,000 or more annually to take affirmative action to employ and to advance in employment qualified individuals with disabilities. Section 504 prohibits recipients of federal financial assistance from discriminating against qualified individuals with disabilities in employment and in their programs and activities. * Veterans with disabilities and veterans of the Vietnam era are protected further by Section 402 of the Vietnam Veterans Readjustment Assistance Act of 1974. Section 402 requires that contractors and subcontractors who have contracts with the federal government for at least $10,000 annually take affirmative action to employ, advance in employment, and otherwise treat covered veterans without discrimination. * Individuals with disabilities also may be protected by their state anti-discrimination laws, some of which are more stringent than the federal laws. To learn more about rights under state laws, contact the State Human Rights Commission or its equivalent. Most states also have a commission, council, or committee that addresses disability issues. STEP 2: Attempt to resolve the problem at the lowest level possible. Current employees should discuss the situation with their own supervisors and with upper level management, if necessary. Determine whether the employer has a policy for resolving such conflicts internally. Many companies and government agencies have established official Alternate Dispute Resolution (ADR) procedures, which means that the parties involved agree to follow specific guidelines in an effort to avoid costly, time-consuming legal action. Section 513 of the ADA encourages the use of ADR, naming settlement negotiations, conciliation, facilitation, mediation, fact-finding, materials, and arbitration as examples. NOTE: Participation in an employer internal ADR or other conflict resolution procedure may or may not suspend the regulatory time limits for initiating administrative or court actions. STEP 3: If the problem remains unresolved, the individual may consider filing a complaint with the appropriate government agency and/or seeking legal advice. * Title I of the ADA is enforced by the EEOC. To file a complaint or for more information, call: (800)669-4000 (V) / (800)800-3302 (TDD). * Title II of the ADA is enforced by the U.S. Department of Justice. Send complaints to: U.S. Department of Justice, Civil Rights Division, Coordination and Review Section, P.O. Box 66118, Washington, DC 20035-6118. For more information, call (800)514-0301 (V) / (800)514-0383 (TDD). Title II does not require exhaustion of administrative remedies. Consequently, a complainant may elect to proceed with a private suit at any time. * Section 501 of the Rehabilitation Act of 1973, as amended, is enforced by the EEOC. In order to file a complaint, individuals covered by Section 501 must first contact an equal employment opportunity counselor at the agency where the alleged discrimination took place. There is also a private right of action under Section 501, which allows the individual to file a private lawsuit in a U.S. district court within specific time periods. * Section 503 of the Rehabilitation Act of 1973, as amended, is enforced by the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP). Send complaints to OFCCP at the nearest U.S. Department of Labor district or regional office or to OFCCP, U.S. Department of Labor, Frances Perkins Building, 200 Constitution Avenue, NW, Washington, DC 20210. * Section 504 of the Rehabilitation Act of 1973, as amended, is enforced by the federal agency that provided financial assistance to the private sector employer involved. Send complaints to the Office of Civil Rights at that agency or to the U.S. Department of Justice, Civil Rights Division, Coordination and Review Section, P.O. Box 66118, Washington, DC 20035-6118. Individuals do not have to exhaust administrative procedures under Section 504 of the Rehabilitation Act. They may file suit in federal district court against private employers receiving federal financial assistance, without filing complaints with the administrative agency. * Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended, is enforced by the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP). To file a complaint, contact the Veterans Employment Service of the Department of Labor through the local veteran s employment representative or designee at the local state employment office. Complaints also can be sent to OFCCP at the nearest U.S. Department of Labor district or regional office, or to OFCCP, U.S. Department of Labor, Frances Perkins Building, 200 Constitution Avenue, NW, Washington, DC 20210. ---------- Essential Elements of an Effective Job Search What Job Seekers with Disabilities Need to Know Whether you are entering the workforce for the first time, returning to the job market, or seeking advancement, the challenges of a job search are similar. Your goal is to find the position that best meets your needs. You must be qualified and able to sell yourself as the best applicant for the job(s) for which you apply. Here are some tips that can help you in meeting your job search goal. Know Thyself Have a strong sense of who you are. Know your assets and how to market them to employers. Committed to Lifelong Change Follow job trends. Take the initiative to maintain cutting edge skills that match changing employer requirements. Be Computer Literate Increasing your technical computer skills increases your marketability in the job market. Conduct online job searches. Visit employer Web pages and key job sites such as: * CareerPath: http://www.careerpath.com/ * America's Job Bank: http://www.ajb.dni.us * Monster Board: http://www.monster.com/ * CareerMosaic: http://www.careermosaic.com/ Update Your Resume Often Customize your resume to reflect the assets you bring to each job. Use key words that can be electronically scanned by potential employers to positions you want. Reflect continuous employment in your skill area. Summer employment should support your field of interest. Volunteer or obtain temporary jobs if you are unemployed. Select a resume format that minimizes any gaps in employment. Be Your Best Locating a job is a full time endeavor. Give full attention to all that you do. Errors will knock you out of the running. Be Organized Have a written personal plan for vertical and lateral growth opportunities. Know what you must do each day to move closer to your goal. Stay focused. Expand Your Network Maintain and continuously strive to broaden your network. If you are working, network inside the company. Join professional groups. Research Job Trends and Companies Select targets of opportunity that match your skill areas. Request and study annual reports of select companies. Reflect each company s image in all communications with each company s representatives. Make good use of library resources. Read trade journals and business publications. Have a Positive Attitude A pleasant personality is a necessary asset. Your eagerness to adapt and to be a team player is essential. Show that you are flexible. A sense of humor and positive attitude are pluses. Disclose a Disability Only as Needed The only reason to disclose a disability is if you require an accommodation for an interview or to perform the essential functions of a particular job. Your resume and cover letter should focus on the abilities you bring to the job, not on your disability. Be Prepared to Conduct an Effective Interview Look your best from head to toe. Dress conservatively. Be brief and to the point when answering interview questions. Maintain a demeanor of success and reflect the company image when you respond. Have full confidence in what you bring to the employer and show how your skills meet the company's specific hiring needs. Ask thoughtful questions about the job and the company. NEVER say anything negative. Follow up immediately with a thank you letter or e-mail transmission. Remember Push yourself to go the extra mile in your job search and you will find the opportunity you are seeking. This tip sheet was prepared in cooperation with the Business Leadership Network (BLN), a program of the President's Committee on Employment of People with Disabilities. The BLN is a national program led by employers in concert with State Governors Committees that engages the leadership and participation of companies throughout the United States to hire qualified job applicants with disabilities. This program offers employers pertinent disability employment information; a network of companies sharing information on specific disability employment issues; the opportunity to provide training and work experience for job seekers with disabilities; and recognition for the best disability employment practices. For more information on this program, contact the President's Committee (202)376-6200 (V), (202)376-6205 (TDD), info@pcepd.gov ---------- End of Document