Applicants with Disabilities Unknown Barriers & …...EEOC's lawsuit against Bond Bros., Inc. and McPhee Electric Ltd. alleges that defendants refused to hire a qualified applicant

Applicants with Disabilities

Unknown Barriers & Poor Applicant Experience

Sheridan Walker

President/CEO

HirePotential, Inc.

Purpose of today’s Webinar

• How effective is your online

accommodation statement and

process?

• The Unknown Risk

• NO Reward

• Research findings

• Solution

TODAY -Supporting the application

process for those that request an

accommodation

www.hirepotential.com

Who isHirePotential, Inc.

D isability Full Solutions Expert with Proven Results

In Business since 1999 providing:

• Accommodations

• Assistive Technology, Call Center Support, coding/script

development

• Web Accessibility

• Testing and Remediation

• Training- hirepotentiallearningacademy.com

• Staffing and Recruiting

• Consulting

• Tax Credit Administration


Why should you care about the barriers?

• OFCCP Compliance and EEOC

requirements

• Embrace and provide inclusive

environment for all

• Expand your talent pool

• Competitive edge

• Minimizing risk of exposure

• A positive applicant experience

• Collect incentives – Tax Credits,

training dollars



Current FocusOFCCP

• Online

Accessibility/Accommodation

statement - central

• Self ID

• Accommodations –Central

contact

• Outreach – prove it, results

•

4 of the top 10 are related to

Section 503

EEOC

• EEOC Statement - Define

• Accommodation – same flow as

anyone who does not need an

accommodation

• Accommodation – policy, procedure,

interactive process

• Equal opportunity for all

2/3’s of EEOC violations are ADA

related


EEOC Settlements on the RiseFailure to Hire

PendingEEOC's lawsuit against Genesis Healthcare and 84 Cold Hill Road Operations (doing business as Holly Manor Center

Nursing Home) alleges that defendants rescinded an offer to hire a deaf applicant to work in its food services

department after grilling him about his ability to communicate.

EEOC's lawsuit against Maxim Healthcare Services alleges that defendant rescinded an offer to hire an applicant as a

sitter/companion after it learned of his HIV-positive status in a required health status certification.

EEOC's lawsuit against Wal-Mart Stores East alleges that defendant refused to hire and failed to accommodate an

applicant with end-stage renal disease because she needed a drug testing method other than urinalysis.

EEOC's lawsuit against Georgia Power Company alleges that defendant refused to hire a class of individuals and

refused to allow certain employees to return to work after receiving treatment for their conditions based on its belief

that the applicants and employees were not able to work because of their actual or perceived disabilities.

EEOC's lawsuit against Parker Drilling Company alleges that defendant rescinded its offer to hire a highly-experienced

oil rig worker after discovering that he lost sight in his left eye as a child.

EEOC's lawsuit against Popeye's Chicken franchisee Famous Chicken of Shreveport alleges that defendant refused to

hire an applicant because of his HIV-positive status.

EEOC's lawsuit against Kmart alleges that defendant refused to hire an applicant with kidney failure and failed to

accommodate his request for a form of drug testing other than urinalysis.

EEOC's lawsuit against Hoeganaes Corporation alleges that defendant rescinded an offer to hire an applicant as a

maintenance mechanic because the company regarded him as disabled even after a physician said that the applicant

should be able to perform the job functions.

EEOC's lawsuit against Bond Bros., Inc. and McPhee Electric Ltd. alleges that defendants refused to hire a qualified

applicant as a carpenter because of his dyslexia and failed to explore possible accommodations for the applicant's

disability.


EEOC Settlements on the RiseFailure to Accommodate

ResolvedEEOC reached a $1,350,000 settlement with Princeton Healthcare Systems in its ADA lawsuit

alleging that defendant's fixed leave policy failed to consider leave as a reasonable accommodation in

violation of the ADA.

EEOC reached a $95,000 settlement with Regions Financial Corp. (doing business as Regions Bank)

in its ADA and ADEA lawsuit alleging that defendant failed to accommodate a branch manager who

requested a demotion to a less stressful and demanding position because of her physical disability.

The lawsuit further alleged that defendant fired the manager because of her age.

EEOC reached a $47,500 settlement with Dolgencorp, LLC (doing business as Dollar General Store)

in its ADA lawsuit alleging that defendant failed to accommodate an employee with dyslexia w ho

requested that portions of required computer tests be read to him. The lawsuit further alleged that

defendant demoted the employee for refusing to take the tests without accommodation.

EEOC reached a $57,500 settlement with Creative Networks in its ADA lawsuit alleging that

defendant failed to accommodate its deaf and


OFCCP New Directive - July 10, 2008

Under Section 503, Online Application System• On line application system (OTS) is your primary

method for accepting applications for employment the OTS needs to be accessible, you must ensure EEO.

• Or, when requested, providing reasonable accommodation

• Effective immediately all compliance evaluations will include a review of the OTS.

• The term “on line system” shall include all electronic or web based systems that are used in all personnel activities.

www.dol.gov/ofccp/regs/compliance/directives/dir281.htm


Accommodation: Statements- Example: Home and Career page

Our company makes reasonable accommodations for individuals with disabilities who are otherwise qualified to perform a job unless such accommodations would impose an undue business hardship. Please let us know if you need an accommodation to participate in the application process. We can be reached at 555-555-5555 or email at [email protected] or fax at 222-222-2222.

Alternative application methods are available for individuals who are unable to use or access our online application system. For assistance, please contact Corporate Diversity & Work Life at 555-555-5555 or email [email protected].

Question

When do most people

apply to jobs?

• Morning

• During the day

• In the evening


Automated ProcessStreamline


Recruiting: Section 503 and/or EEOC

Accessibility vs. Accommodation

Automated Process

Streamline

Manual Process

Labor Intensive

Applicant

Flow

Accessibility

Accommodation

WEBSITE:

Home page to ATS

Done resume submit real time,

reporting complete

Statement

Include Fax,

Email, Phone, TTY

Train Staff

Assist

Applicant

Start to finish

Input

reporting

Systemic

issues?? Available 24/7?

FINDINGSMETRICS: 100 Companies Surveyed

• Accommodation Statement on

website

• Career page and home page

• Contact information

• Phone, email, fax

• Communication response

• voice, email, automation,

• Knowledge/training

• Applicant experience

• Submitting resume


Accommodation Statement

Found


On

Home

Page

On

Career

Page

Not Found

Any-

where

Results

11%

32%

57%

31% of these were deeply buried in the career site

Contact Information


Email

Phone

Both

17%

7%

19%

Called the phone #’s listed


Answered

• 26%

Voice Mail

• 18%

Real Time

• 8%

*Trained

• 2% (only

to take a

message

– no

Disability

Etiquette)

*9 of these were general phone #’s to the main corporate office, HR or customer service

Examples of the live phone conversations


Real

Time

• “The only way for you to apply for a job is through our web site. We have no

way of sending you a list of current openings. Is there someone there that can

fill out the online CV form for you?”

• “What is an accommodation?”

• “You are the first person that has called this # with this issue (blind). I do not

know how I can help you since our career site only accepts online

applications. Can I take down your name/# and have an HR specialist call you

back?” no one called back

• 7 of the 8, asked for a phone # to have someone call us back next week… only

one company called back

Submittal


0%

Asked about

background/e

xperience

Offered to send

me a list of

current

openings

resume

submit

Asked

where we lived

or what location

would work best

* Asked how I

normally apply for

jobs with other

companies

Solve this Issue!

Applicant Accommodation Call Center Service


What We Provide

• 24/7 or after hours accommodation service line for applicants who

need an accommodation to apply online

• Trained on Disability Etiquette - call center professionals

• Monthly Reporting

➢ Contact information

➢ # of calls

➢ Referral Source - (Job Boards, internet search, campus,

agency, etc.)

➢ # of submittals

➢ # of jobs applied

➢ Length of call

➢ # of Completion of voluntary Self ID form

➢ Accommodation needed (if disclosed)

Benefits


• 24/7 coverage

• Track recruiting efforts

• Real time submittal of applicants

• Minimize risk and liability

• Over the top customer service

• Successful completion of application

• Deliver compliance reporting including Self ID form

• Provide full access to job seekers who require an accommodation

• Reduced cost

• A full report of activity to assist in measurement and evaluate

outcome results

• A excellent positive candidate experience

Methodology


• Define the requirements

• Design the narrative and flowchart

• Develop a custom approach for consistent

quality, successful, pleasant experience

for all

• Deploy ensuring all objectives have been

met

• Evaluate process to ensure client

satisfaction

Case Study


• 3 month pilot – Nov., Dec., Jan.

• 5000 employees - USA

• Government contractor

• First 3 months – PHONE ONLY

• Number of calls: 167

• Submittals: 17

• Ave. call time: 40 mins

• Disability Recruiting Sources: 0

• Other Recruiting Sources: 6

• Self- ID: 1

Try a Pilot• 24/7 coverage

• Report summary

• Time Frame: 3 month Pilot

• Cost: $597 per month

• REVIEW Results

Call-to-action.


Thank You!

Sheridan [email protected]


www.hirepotentiallearningacademy.com

303-398-6035


“We help navigate the complexities of disability”

http://www.hirepotential.com/

http://www.hirepotentiallearningacademy.com/

Documents

Applicants with Disabilities Unknown Barriers & …...EEOC's lawsuit against Bond Bros., Inc. and McPhee Electric Ltd. alleges that defendants refused to hire a qualified applicant