1

What You Don’t Know About Recruitment

of Persons with Disabilities Will Hurt You!

Sheridan WalkerPresident/CEO

HirePotential, Inc.

Agenda• Who is in the Disability Workforce• Compliance and Disability Overview• Accessibility vs. Accommodation• Summary

2

3

Disability Workforce

4

Who Are People with Disabilities?• You• Me• Family• Friends• Co-workers• We all have a 20% chance of acquiring a disability• 1-5 people have a disability

• People With Disabilities are the nation’s largest minority and anyone can join at any time!

5

Who is the Workforce with Disabilities?• People with Disabilities (PWD)

– 54 million PWD in the US– 12.3% unemployment rate 7.9% for persons with no disability (Feb 2013)– As the population ages, 40% of those over 65 will most likely have a disability

• 65 y/o: 2000: 34.8M by 2030: 70.3M

• Veterans– 23.9 million– 2.8 million with disabilities (known)– 14% unemployment rate (August 2012)– Almost all have received professional/technical training

• Mature Workers– 70 million over age 45 (2008)– 36 million over age 50 (2008)– 80% of the 77M baby boomers plan to continue working after retirement

Source: US Census 2000, Office of Disability Employment Policy, Job Accommodation Network, AARP, Department of Veteran Affairs, DOL

5

6

Compliance and Disability

Overview

7

Compliance and the Laws• Executive Order 11246 – prohibits federal contractors and federally-assisted

construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin.

• EEO: (Equal Employment Opportunity) to enforce provisions of Title VII of the Civil Rights Act of 1964. Title VII forbids discrimination in the workplace based on race, age, disability, religion, sex, or national origin.

• AAP: (Affirmative Action Plan) must be taken by covered employers to recruit and advance qualified minorities, women, persons with disabilities, and covered veterans. Affirmative actions include training programs, outreach efforts, and other positive steps. These procedures should be incorporated into the company’s written personnel policies. Employers with written affirmative action programs must implement them, keep them on file and update them annually.

• Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended: Any contract in the amount of $25,000 or more entered into by any department or agency for the procurement of personal property and non-personal services (including construction) for the United States, shall contain a provision requiring that the party contracting with the United States shall take affirmative action to employ and advance in employment qualified special disabled veterans, veterans of the Vietnam era and any other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized.

8

Compliance and the Laws• ADA now ADAAA: (Americans with Disabilities Act) prohibits

discrimination and ensures equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities, and transportation

• Section 503: Any contract in excess of $10,000 entered into by any Federal department or agency for the procurement of personal property and nonpersonal services (including construction) for the United States shall contain a provision requiring that the party contracting with the United States shall take affirmative action to employ and advance in employment of qualified individuals with disabilities.

• Section 508: The standards define the types of technology covered and set forth provisions that establish a minimum level of accessibility. The standards (www.W3C.org/WAI) cover the full range of electronic and information technologies (Subpart A).

The standards provide criteria specific to various types of technologies, including (Subpart B):

– software applications and operating systems – web-based information or applications – telecommunication products – video and multimedia products – self contained, closed products (e.g., information kiosks, calculators, and

fax machines) – desktop and portable computers

9

What is Happening• OFCCP: Section 503

– July 2008 Directive: Online Application Selection System – Outreach - Includes Veterans with Disabilities– August announced Disability hiring 7% and Veterans 8%

• EEO-ADA AA: (Title 1)– September 2008 / January 1, 2009

• Definition expanded • DOJ: Section 508 Website Accessibility (Title III)

– CA: UNRUE Law (State Law)– July 2010 – In Review (Federal Law)

• Websites to include all public sites (virtual doors) • 21st Century Telecom, Video Accessibility Act

– October 2010– All new technology to be accessibility (Smart Phone, Internet

TV)

10

Good Faith:Past: Check the Box Now: Walk the Talk

Equal Employment

11

What Will Hurt You

12

OFCCP New Directive- July 10, 2008

• Under Section 503, Online Application System– On line Tracking System (OTS) is your primary method for

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

– Or providing reasonable accommodation, when requested, – 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

13

Choices Accommodation

Accessibility

OR

14

What is the Difference between …• Accommodation: INDIVIDUAL: adjustment; making or

becoming suitable; adjusting to circumstances

• Accessibility: INCLUSION FOR ALL: a general term used to describe the degree to which a product, device, service, or environment is accessible by as many people as possible. Accessibility can be viewed as the "ability to access" and possible benefit of some system or entity.

• Assistive technology: TOOLS: a generic term that

includes assistive, adaptive, and rehabilitative devices for people with disabilities and includes the process used in selecting, locating, and using them.

15

Accommodation-Manual Process

• Statement with email, fax, call in number?• How do the resumes flow?• Training for recruiters, hiring managers, support staff

•IE; how to handle a relay call or someone with a speech impairment?

• Do you have an accommodation process?• Do you know the most common assistive technology

used?• Do you provide accommodation support 24/7?• What are your labor cost?

16

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 accessibilitynow@XYZ.com 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 accommodations@XYZ.com.

17

Recruiting: Section 503- Accessibility vs. Accommodation

Applicant Flow

Accommodation

Accessibility

Automated ProcessStreamline

Website:Home page to ATS

StatementInclude Fax,

Email, Phone, TTY

Manual ProcessLabor Intensive

Done resume submit real time,

reporting complete

Train Staff Assist ApplicantStart to finish Available 24/7

Input reporting

Systemic issues??

18

Accommodation Process

19

ADAAA

• ADAAA Sept. 25, 2008• Effective Jan. 1, 2009

– Definition of disability vastly expanded• Major bodily function, w/ or w/out the

perception that the impairment limits a major life activity

– Definition has more clarity – Majority of the ADA is still the same– Companies will need to show they have processes

to make individual assessments of employees’ qualifications with or without accommodations

– Employers will be put to the test to evaluate employees one by one

20

EEOC - ADA Settlements

Effectively 50% of survey respondents indicated they did not have a documented process in place for accommodations (e.g., requested or needed by a candidate or employee)

2012 $103,440,000

2011 $103,437,626

2010 $76,123,463

2009 $67,826,112

2008 $57,155,828

2007 $54,540,645

2006 $48,784,081

Fiscal Yr Settlement Amt

21

EEO Settlements- Accommodation• Candidate:

– Oct. 2013: $130,000 - Pace Solano – Sept. 2013: $57,500 - Creative Networks – Feb. 2013: $65,000 – City of NY– June 2012: $95,000 - Children’s Hospital, CO– Feb. 2012: $35,000 – Tyson Foods – SEPEMBER 2013 – 1/3 ADA

• Employees:– Jan. 2013: $2M - Dillard’s – July 2011: $20M – Verizon – Jan. 2011: $3.2M - Supervalu, Inc. (Jewel-Osco’s parent co.) – Jan. 2010: $6.2M - Sears – June 2008: $250,000 - Walmart

22

Accommodations • Who:

– Applicants– Customers/Consumers– Employees

• Departments within Business:– IT– HR/Compliance/Diversity– Sales – Marketing

• Process: Interactive– Proactive– Reactive– Outsource

Then - Silos Now - Team

Business Environment

TEAMWORK

24

Accommodation Process:Do you have a…

Reactive: A specific person• Individual Accommodations • Decentralized

Proactive: Environment• Accessibility: IT environment including

Applications (code development), hardware, web design and procurement

• Centralized

25

Accommodation Process:Do you have a… • Interactive Process

– Step 1: Analyze the particular job involved to determine purpose & essential functions.

– Step 2: Ask the individual with the disability to identify what barriers exist.

– Step 3: In working with the individual with a disability, you should identify a range of possible accommodations that have the potential to remove the barriers.

– Step 4: Having identified various possible accommodations, the employer should assess the effectiveness of each accommodation and the preference of the individual to be accommodated and then determine whether the various accommodations would pose an undue hardship upon the employer.

26

Accessibility

27

High Tech and Low Tech Solutions

• High Tech– Assistive technology– Software products

• Low Tech– Flex scheduling– Job Sharing– Large Print– Built-in telephone volume controls or existing

relay services

28

Assistive Technology- Examples• Screen Readers

– JAWS (Job Access with Speech)– Window Eyes

• Magnification Software– MAGic (with speech)

– Zoom Text (with speech)

– Big Shot• Voice Activation Software

– Dragon Dictate– Via Voice

29

Accessibility- WebsitesLaw Suits

• Nov. 1999 AOL- Out of court agreement ($12M)• Aug. 2008: $6M – Target• Feb. 2007: $ Oracle Software State of Texas • Jun. 2010: $ ? - 4 Laws Schools

– The suit was filed because the law schools require or encourage applicants to use a centralized Internet-based application process provided by the Law School Admissions Council (LSAC) through its Web site (www.lsac.org) that is inaccessible to blind law school applicants.

• Sept. 2010: $ not determined - Disney • Nov. 2010; $ undisclosed –Hilton• June 2011: Agreement – Bank of America• Feb. 2012: Agreement - MLB

30

Why is Web Accessibility & Automation Important to you?

• Universal Access/Equal Opportunity

• Expand your market share & reduce lost business

• Comply with Federal (soon) and International Accessibility Guidelines - virtual doors

• Expand your reach of qualified talent

• Automated Reporting

• Avoid the risk of costly litigation

• 3rd party accountability

• Repeatable & sustainable solution

• Reduce labor cost

31

Summary

Then NowBusiness Environment

TEAMWORK

33

Questions to ask Yourself on Disability Inclusion?• Is our OTS/ATS accessible? (Home page to submit)• Is your website accessible?• Do we have a proactive accommodation process? • Do we have alternative formats to delivery information? • Have we trained your recruiters? hiring managers? • Do we have an Disability ERG?• Are we documenting and reporting this information?• Do you do testing? Is it accessible?• What is in our AAP? • Have we put our AAP into action? • Do you have the information to back our AAP in an Audit?• What are our gaps in all areas of the business?• Do we outsource to experts on disability?

34

OFCCP – Section 503: Online Applicant Tracking

The “Quick fix” (Manual/Accommodation) Approach- Not sustainable

• Develop a Process – Accommodations

• Get an accommodation statement on your site• 800 number, email address, TTY• Training – Disability Etiquette

– Resume Flow– Submit– Documenting/Reporting

35

Risk ManagementOFCCP- Section 503 Disability/Veterans, ADA/ADAAA

• Accommodation– Interactive– Centralized– Proactive approach– Assistive Technology

-knowledge/implementation– Pre-testing

• Reporting– Who, what, where, when

36

Risk ManagementOFCCP- Section 503 Disability/Veterans, ADA/ADAAA

• Assessment of your site– Find out if you are accessible

• OTS – Home to submit• Entire website

• Automated Repeatable Process (accessibility) sustainable

• Outsource vs. In-source – License Software for Accessibility Standards– Web Accessibility training, software to monitor – Gov’t compliance – 3rd party accountability– Reporting– Access to all

37

Questions

38

E-Learning Courses“Application Tracking System – Accessibility or Accommodation –What You Need to Know”

39

Thank YOUContact

Sheridan Walker

swalker@hirepotential.com

www.hirepotential.com

888-590-8808

Business Solutions for Integrating and Employing People and Veteran with Disabilities.