Disclosing Disability: When, If and How

Presented on: June 5, 2018

Good morning and welcome to Disclosing Disability: When, If, and How. This is an hour and one half webinar. once the webinar is completed it will be available on demand for those who would like to share it or use it. I am Freda MacArthur-Lee with the University of North Texas, Workplace Inclusion and Sustainable Employment also known to most of you as UNT WISE. We are part of the College of Health and Public Service located within the Department of Rehabilitation and Health Services. For all joined this morning, using the Internet is services, please take a look at the webinar control panel on the right of your screen. About halfway down there is a question box. Please say hello to me, let me know that you can hear us this morning, give a Smiley face or a thumbs up, so I know everyone is alive and well. This is an area that you will use to write your questions or comments. The area that you will use to ask questions to the presenters today, and/or comments. I will make sure you get taken care of. Right now I want to make sure everyone goes below there, you will see an area that says hands out. That is the handout for today. You can download it and follow along as needed. If you are calling by phone today, I have one person calling, make sure you send us an email, send it to you NT.edu. We want to make sure you receive credit for your participation. I will tell you how you will get the credit from us. I will introduce our speaker, Miss Randy Turner. Accessibility and disability rights coordinator of the Texas governor committee on people with disabilities. She previously served as a communication access specialist of the office of deaf and hard of hearing services, and the Texas Department of assisted and rehabilitated services. Held positions at its like and see agency, the Texas commission for the deaf and hard of hearing. She is a graduate of Texas State University with a bachelor’s degree, arts and sciences. She received an out ending service and excellent academics award when graduation. She holds advanced level sign language and interpreter certification from DHSS. I love all these acronyms. And a certificate of interpretation and transliteration from the national Registry of interpreters for the deaf. Her work with the public and private sector on the local to the national level, she became a sought out trainer on ADA issues, in addition to her work as an advocate for people who are deaf and/or hard of hearing, earned on it best celebration LBJ award. Signifying contributions toward equality and equal opportunities for people who are deaf, as exemplified by the Lyndon B. Johnson, the deaf president movement at the [ Indiscernible ] University. We are pleased to have you here this morning. I'm excited for your visitation. The floor is yours -- presentation. C thank you so much for the great introduction.

>> As you can see my contact information is on the first page. Feel free to contact me. If you are looking for information. If you go to the link [ Indiscernible ] click -- look on the right side of the page. You will find great resources. From service animal information, state laws, as well as federal laws, and how it applies to individuals with disabilities. There are probably 30 categories of information with people with disabilities. I hope it is a valuable tool for you.

>> What is this? The act of making something known. Either individual choice. That is the interest we will have today. This involves South determination skills, as well as self advocacy skills. We will cover some things that are important to know about disclosing disability. -- Self-determination. It may require reasonable accommodation if you disclose [ Indiscernible ]. We will talk about pros and cons of disclosure, the differences between visible and invisible disabilities, and if and when you disclose. We will focus on abilities, and getting the focus off of the disability, especially for individuals who have

invisible disabilities. And the importance of being able to perform general job functions, we need to locate those within the job postings information.

>> In my book, I use my hands as a sign language interpreter. I use my hands a lot. That is one way we define putting [ Indiscernible ]. There are five different areas for disclosure. First the application process. This could be the actual completing of the application, looking at the job postings, all of those things. You can disclose at the interview -- when a job is offered, and that waiting period between the job offer and the first day of the job, or the first job -- day of the job and after. There are a number of opportunities where disclosure can happen.

>> Whether you wanted to or you do not wanted to. And some of the responsibilities with disabilities are on the slide. The American disabilities act protects individuals. There is no requirement to disclose disability. They cannot refuse to hire a person based on their disability. And disability information is confidential, not only under the act, but under the health care and [ Indiscernible ] -- I cannot remember the acronym. HIPPA The information needs to be kept on a separate file.

>> I always remind people to think about when you are considering accommodation, and if you are qualified for the job, it is with or without those reasonable accommodations a lot of times people are getting started within the job market and they are thinking, I am not qualified because I cannot perform essential functions without any accommodation. [ Indiscernible ] do I meet the job qualifications for this position? The responsibilities being able to perform that essential functions. You need to disclose this rule to get reasonable accommodation. Unless the job offer is made, medical questions may be asked. Once we get back to that. Between the waiting period, and the first day of the job, there is an opportunity for employers to start asking things that they do not ask everyone else. They want you for the job. And they may have you do the same medical test they give to everyone. Everyone gets a drug test and you may be asked to take one. There is an opportunity for employees to ask certain questions that they may not otherwise ask.

>> Let's quickly -- in short, what do people need to know about the American disabilities act? 15 or more employees need to comply with ADA. Think about the job opportunities that might come along that are smaller businesses. For example, a dry-cleaning business may have seven or eight employees, and a small mom-and-pop shop. They do not apply to ADA in the employment category, but they need to make their business accessible under title III of the act. And the doorway needs to be accessible. They need to be able to roll up to the counter if they need a wheelchair. As far as employment it is 15 or more. Qualified for the job. Experience, training, education. We will take a look at a job application in a moment and how it can relate. Being able to perform essential functions as a job, with or without reasonable accommodation. The individual needs to know where to find the essential functions, because some job postings it is not obvious. A lot of state and local government will make obvious, but in some positions, like the mom and pop businesses, smaller companies, even if they have more than teen employees, it may not be obvious with the essential functions are.

>> In the employment settings, there are three key areas that individuals have a right to accommodation the hiring process, the application process, or the interview is to, how the hosting is made available. Is it accessible with a screen reader, or a screen magnifier? Is the application available in braille. I know there have been lawsuits against companies, for example, where a video needed to be watched before you could apply for the position. In the video is not accessible for people that are deaf. It was not captions are produced in sign language. Those things need to be made available to everyone.

>> To be able to perform the job. Do I need an accommodation once I get on the job? Do I need something that I did not need the beginning. I may not have realized that the interview process, that I was going to do a certain function that later was added to my position. Jobs change. I have been here almost 2 years and I do not do exactly the same thing I started. Things change. Businesses grow, and positions get -- duties get moved around, depending on who does it best. Being able to perform those essential functions, with an accommodation or without one, it is another area that you will have the right to have reasonable accommodation.

>> Receiving equal terms and benefit and privileges. Things like whether I have the same opportunity for training as everyone else, or do I have the act opportunity to advance in the position to move in another position? Putting me on the same platform as everyone else, it does not have a disability. Those are the three areas that reasonable accommodation are available. As defined under the ADA .

>> Being able to perform essential functions, whether the person is applying, are they able to do the functions? Can the applicant figure out what if the essential functions are? Are there accommodations needed to perform the job? And/or to interview for the job?

>> Looking at essential functions, reasonable accommodations, and where those employment settings -- where they needed? That is key, even before the person applies for the job. It is identifying key areas.

>> Also, is there a risk to health or safety, if I perform the job? I will give you an example. My husband used to work at the school for the blind and visually impaired. He was in the vocational department. He will find paying jobs for students. One place that hired students was a pride chicken place -- fried. It is a large company. To be able to work, you need to be able to rotate all different positions. He had's that were blinds, legally blind, and some could work there very effectively. Students that have complete vision loss, it could be considered a risk or safety risk to put them behind a large amount of grease where chicken is dropped. That is how they had those positions set up. You needed to be able to work out in the front, helping with customer, working with the cash register and prepping food. It could be a safety risk to put an individual with no vision behind those large amounts of grace. Therefore he would not take those students to that particular location for a possible job. -- Grease. Other students were able to perform the function.

>> As far as disability, self-determination. It is the individuals choice whether they want to disclose it or not. It should be done case-by-case an employee by employer. -- Employer. Others may not have after hired someone -- have ever hired someone with a disability. You need to do your research. They can disclose everything, nothing, or what is needed. For example if I have diabetes, I may not need to disclose that at any point. If I need an accommodation, I may want to disclose it. If there is a chance that I could have any type of diabetic attack. If my levels have not been regulated by medicine, and the doctors are trying to figure out what is going on, I might want to disclose that to the employer once I get the job, to make sure if something happens they are prepared. There are safety and/or emergency personnel dealing with this type of thing. Case-by-case employee by employer.

>> Tell me what you think? I want you to type into the question box what you think would be one of the biggest barriers and/or challenges, when considering disclosing disability?

>> Type your answer into the question box.

>> Okay, I have a couple here one person put fear. -- Fear of rejection. Let's see if we can come up with another one. Probably the response that they will receive from the employee, the unknown. Not knowing with their employee will say -- employer. I think the same on the line I am not getting the job -- area

>> All of those are related to fear.

>> How will I discuss and identify the accommodations needed?

>> That goes back to knowing what the essential functions of the job are. And whether my disability will interfere, as it may not. If I have diabetes, it may not have anything to do with the job, and no need to disclose. The disability rights attorney, that I know well, they do not disclose until they need to. But there are employees that say that they want to know ahead of time because they want to be prepared. And sometimes those are the employees that are willing to make accommodations, while we know that there are employees that are more hesitant. -- Employers.

>> It is hard to change people's attitude. And it is easy to make accommodations that are not always to fix with [ Indiscernible ]. Also, people making assumptions. You cannot do that -- or if you have ADHD you cannot work within a business office, because you will drive people crazy. Stereotypes. These are some of the biggest challenges. Things that you need to consider when you are thinking about whether you should disclose or not, or whether you need to getting in the door is the role. Getting your foot in the door.

>> Things to do. We will talk about do's and don'ts. Strategize. You need to think about what your abilities are, and how you will keep your focus of the interview on your ability. I need to know in detail, what those requirements are in a job description. There could be others that may not be posted. Sometimes you get a more detailed list once you are employed, versus what you get at the job interview. You need to be thinking, this type of position, what the focus is going to be. What are my biggest challenges depending upon my disability focus on education, training and experience. How did you accommodate yourself in high school? Are in college? Did you ever need an accommodation? Maybe you did not. Your training, experience and education. Anytime you have questions popping up related to disability, especially if a visible disability, get those back to your education, training and experience.

>> When interviewing questions and more? I will give you some examples shortly. Do research on the company, find out whether they have a disability initiative. Whether or not they have one. I will give you some examples.

>> Do not panic. Do not appear to be dependent upon others, especially the younger kids. I am not that young anymore I would say high school kids, they are learning about disclosure, and how to disclose if they have a disability. It will be obvious at the interview. They may be dependent on their [ Indiscernible ] and dependent on their parents. And/or their school counselor, or a friend that they know that is supporting them. You can call my mom, and she will set up interview. No, they need to be dependent within their communication. For example, someone that is deaf, that is where my experiences. You can respond by email. I do not want to disclose right off the bat that I have hearing loss. You can leave a message on my answering machine are you can send an email. There are ways to get around having to make that obvious right off the bat.

>> Being resourceful. Needing to know what you need. And what you need as an accommodation. And what am I going to meet at the interview, or once I get into the position. Do not make assumptions about accommodation, do not go overboard and assume all the obvious things. You may not need accommodation 24 seven on a job. Do not release too much information about your disability. Only what is needed at the time. If you have ADHD and is a part of the challenge, my son has ADD for example. He has figured out how to accommodate himself, and how to get around a lot of things, so he does not need to disclose. He makes the adjustments on his own. And don't start demanding things that you may need or may not meet, and it could be costly or expensive and the employer is going to be afraid of if I hire you, if you are telling me this now, what is down the road? Do not push those things like it is my right at the wrong time.

>> Some of the advantages of disclosure. We have pros and cons. The employer has a disability [ Indiscernible ] and I will show you how to locate those on the Internet. Employer knows about that disability upfront. That is nice that you are being honest, and forthcoming about information. If I walked into an interview, and I have an amputated arm, and I can use one hand to keyboard, I may not want to bring that up right up front. And they will know right away not to be fearful. And not to worry about it. And they will not worry about how to accommodate person.

>> One thing that I thought about when I created this training, which was when there is not on the Internet -- I cannot find anything for the individual. It is about what employees think when someone walks in with a cane, or what is their first thought? I started to think about whether we are teaching people with disabilities, when and when not to disclose, or how they should bring up an issue? For some employees, if it is brought up off the bat, it releases a fear. And you need to focus on ability. That is an excellent way to approach the situation.

>> It builds trust with the employee, and if the employer knows right up front that you have a disability. The employer can provide needed support for the position. And being partner. I always push to [ Indiscernible ] once the individual has been hired, they may need support. They may be challenges -- they can be a partner in these types of things. There are financial tax breaks and [ Indiscernible ]. They may be able to provide some of those needed accommodations that are one-time purchases.

>> Those are some of the advantages of disclosing. [ Indiscernible ] disadvantages. Why not disclose? Isolation from coworkers. My brother-in-law is deaf, he worked at the same company for 35 years and a few years before he retired, everyone started retiring. All the people that knew him, and they knew how to work and communicate with him, they left. They retired. And new people came along and they did not get it, they did not know how to communicate. They isolated him and they put him in a corner. He was miserable. Before he had all of the support from the company. That is one thing that can happen if you have a disability -- and disclosure happens. It can provoke concern. Some people overreact. And they ask whether or not you need this or that, and they are being [ Indiscernible ]? And we do not want that either.

>> You may have a prior experience of discrimination. I have a friend that uses hearing aids, and the very first job -- she had her hearing aid covered. She had different colors. And the employer could feel that the employer was looking at her hearing aid. She did not get the position. Afterward, she would pull her hair over her ears. And she covered them. She communicates very well one-on-one. In the interview she does not need to disclose. And she did not because of that prior experience that she felt discriminated

against she got every job -- every job she applied for. That could be an individual situation if you do not disclose.

>> A lack of opportunity for career advancement a lot of people with disability get in an entry position. Not able to move up. Because of whatever reason, they do not get the same opportunities. They have a concern about the issue, that they cannot do the job or they may have a stereotype. Or they may have a stigma against the disability. Because someone having the disability before.

>> The stigma is another one. Labeling people because of various disabilities. It is your private information, and it is your secret, your privacy. You may not want people to know. It may have nothing to do with the job. Why share that information? Those are some reasons people choose not to disclose.

>> When individuals have a visible disability, it changes the whole process. In advance of the interview, describe what is needed to share and what is not needed to share. Disclose -- disclosure will be at the job interview. [ Indiscernible ] we have individuals that are using sign language. We have a woman with [ Indiscernible ]. We have a gentleman in a wheelchair going into a polling station. A group of people in front of the business, it looks like a building or a business facility with service animals. If I walk in looking like this, it is going to be obviously -- obvious that I have disability. How do I get the focus off my disability and on my ability? That is the key. The opportunity to talk about the accommodation needed.

>> If am blind and I walk in with mice service animal, are they going to freak out? I need to be ready to discuss that. I need to relieve fears of the employer. Having a calmness come over the space. And recall how barriers have been overcome in the past. And work adjustments that might be needed upfront, whether a prior or current position. Some people have strategies and skills to manage their civilities, and they do not require outside assistance. Some may need accommodations for some situations. Maybe for communication and/or for writing. Or there could be a situation, like I was talking about -- a story about an individual having an amputated arm. Walking into an interview as a keyboard under the arm. The first thing they said after they had shaken the employer hand, I am sure you are wondering why I have the keyboard with me. And you may be wondering why I may be able to use it? The individual interviewing said, let me tell you I have good and bad news. They have one and keyboards. And the bad news, it broke this morning. He used some humor to relieve the employee fears to make everything more comfortable. It was successful.

>> If you have a visible disability, you need to be prepared for things that the employer might say. For example, they may say things like, I see you have a disability. I have a few questions about how you will perform the job. For lack of a better term, it is legal and appropriate. This is where you focus on how you can do the job. Not you disability. After describing the position, the employer may say something like, is there any reason why the performance will be a problem for you? This is where you can demonstrate, or explain how you can perform the essential functions of the job. Either with or without accommodation.

>> I want to show you a video clipping. This is from the Department of labor. It is about 3.5 minutes. It is talking about disclosure. The training materials you should have.

>> [ video being played ]

>> Every job seeker with a disability is based the decision, should I or should I disclose my disability? It depends upon the individual's disability [ Indiscernible ]. For example, a physical disability reclines -- requires a wheelchair. [ Indiscernible ] a cognitive or emotional disability such as a learning disability,

PTSD, often not apparent unless disclosed. It is entirely up to the individual to disclose. It will better decide when you should disclose a disability.

>> When entering the workforce, there is a requirement to share information about a disability, asking the employer to provide reasonable accommodation accommodations may be needed to perform job duties, but also relevant during the application process. Including participation in any testing, or to engage into an interview. An employee is able to provide accommodation, where the individual discloses the disability, or any associated limitations. However, an applicant or employee is only required to disclose their disability if the disability requires a reasonable accommodation. Therefore an applicant or employee does not need to disclose any of the disabilities, unrelated to a request, or reasonable accommodation. Disclosure may be needed at different times during the tenure of that employment, due to the progression of the disability, and/or the changing duties of the position that may require accommodations that were previously not needed. Questions about disability are prohibited in the application. It may become relevant when discussing whether the individual can perform specific tasks. [ Indiscernible ] for example, if they are asked whether they can complete a task, or if [ Indiscernible ] they need to disclose that they need accommodation to accomplish the task. They can demonstrate that they require [ Indiscernible ].

>> Similarly when a individual experiences disability [ Indiscernible ] if they want to disclose if they disability is present and they may need accommodation. [ Indiscernible ] many result in a negative job action employees only required to accommodate issues that they are made aware of. [ Indiscernible ] can be found online at www.[ Indiscernible ].

>> Okay. So, one of the things that they mention which I think is important, is the idea if you failed to disclosure disability, and it is affecting work performance, there is a chance that you can be terminated, you can be written up for poor job performance. It is important to know when it is time to disclose, and if you are having challenges, it may be the time to disclose and request reasonable accommodation. If the individual is not familiar with exactly how they can be accommodated, this is a great time to go back vocational rehabilitation. You can request assistance. Now you have a barrier to employment. You have a problem, and maybe you could lose your job, or you can be written up, it could have a negative and/or adverse affect. Vocational rehabilitation can advise the employer on what type of accommodation would be suitable. Also, there is a wonderful website. The job accommodation website. [ Indiscernible ] it is a great place to find additional reasonable accommodations for all types of disabilities.

>> Okay, label versus function. So often, I hear people say, I have [ Indiscernible ] I am death or I am blind. -- Death. Our I have COPD. deaf Using those medical terms is not a way an employee can understand what it means and how you can do the job. Are what will be a challenge. Shift to a more functional term, instead of using medical labels to describe limitations. Do not describe the if you have a disability in a general term. I have several palsy -- cerebral palsy. They may not have an idea what that means and/or how it will affect the job. A good example is I have a friend, they went into a job where they have a cochlear implant. She went into interview and it looks like about the size of a half dollar. A big coin on the side of her head. The employer notice that she had this on her head. And the wire went into her pocket. And they asked what is that thing on the side of your head? And she said, I have [ Indiscernible ]. And that was it. That is all she needed to be able to relieve the employer fear, and it was about her hearing loss. It gave her access to communication. To define your disability in your terms and your experience, and the weight impacts yourself, trying to describe it to someone's grandmother --

the way it impacts yourself. And the way it may have a high level of education, or an employer that you look up to. Use terms that are every day ways of explaining your disability. And get off the disability, and back on the ability to do the essential functions.

>> At the end of the day, by the end of your disability, you have different options. If you have a visible disability, it is so much easier to let the employer know that might be a challenge. But if it is invisible, maybe not. Some people choose to describe and some do not. My friend talked about covering her hearing aid with her hair. Now she chooses not to disclose vital them that. She may do it afterward. Remember the hand, there are five different opportunities for disclosure. It might be in the application process, or it might be at the interview, or it might be during the offer, or between the offer and the first or at their the second day the job.

>> Where in that process would be the right time by the individual to have an invisible or non-invisible disability? Things to consider. The essential functions. We talked about it earlier. I am reiterating the information. Whether or not I can perform essential functions with or without accommodation, am I going to need an accommodation at the interview, will the employer find out? What do you know about the employer, and what you know about that position itself?

>> In the application process, completing the employment application itself, -- I have a picture of an application. It is not so much how we do it anymore. Most are electronic. They need to be accessible. They need to have screen readers and magnifiers. That is one thing employers need to think about.

>> Where did the applicant go to school? What if I went to the school for the blind and visually impaired? They may be disclosing that without realizing it. Putting in an acronym [ Indiscernible ]. Often I do not think employers are concerned about high school. They may not want to know you have completed high school or not. You may get around disclosing right off the bat on the application, whether you use an acronym. You can disclose in the cover letter or in your resume. I met a gentleman when I met this training for the first time, he was applying for pharmaceutical school. There are only five master programs in Texas at the time. Three of them were private, and two public. In the application process, they asked him to do a cover letter to explain why they should accept him. In his cover letter, he spent about one third of it over the two-page letter, explaining how he has a hearing loss, and his undergraduate degree, the school provided captioning. Which Ricardo -- which we call cart. I believe you have had the option for that during this webinar. Ask any rate, he was very proud of the fact that he was able to succeed with cart, and able to move on, wanting to get his master. He spent so much time on that issue, that it may have scared school away. He had already had four denials, and at the same time, schools have limitations of how many people they can take their graduate program there could have been another reason. He did not run his cover letter by the counselor which may have been helpful. We can disclose in our cover lever [ Indiscernible ]. -- Cover letter.

>> Checking your grammar as well. Depending upon your disability, they may have writing skills that are not a part of what you would expect in a resume or cover letter. On the resume, run it by someone that is neutral. Perhaps a neighbor, or someone that does not know much about your history. You can see if everything is clear and you can convey everything that you want. Always check with your counselor or a case manager. Those are good individuals to run your information by.

>> Okay, interview prep. I will show you this. Research the company. I will show you in a moment how to do that. Analyze the job description, pulling out essential functions. Making sure you can do all

functions. And what are the limitations that you may have in regard to the essential function. Create interview questions based on the position. And then actually practice and role-play. Years ago I did this. And it proved to be very helpful. I had one of the best interviews I have ever had. I did not get the job, but I felt really good about the interview.

>> What are the physical demands that a position might have? What are the work environment where reasonable accommodation may be needed? These are the types of things that I need to look at when I am looking at the essential functions. I have pulled up a few websites. I'm trying to see how hard it is to find a company's initiative and whether or not they have one. Businesses are in a diversity program. And I had gone to an Internet, I used Google and I put in a company name. I put jobs and disability, or disability initiatives. I will show you what I found.

>> Here is the first one. I knew Walgreens had an initiative I put the page [ Indiscernible ] I put this up. Here it is. Right off the bat. Disability inclusion. It is possible. You can look on the website of the page, and they have diversity inclusion, their beliefs and their journey. Reports on their [ Indiscernible ] as well is recognition received. Another one is CVS. I wonder if they have anything like this. This was the first page that I got. Right off the bat. CVS helps more Americans with disability finding meaning will employment, hands-on training. This is their retail store. This is not just at a factory, where they are doing an initiative. I believe Walgreens has as well. Another one I pulled up as [ Indiscernible ]. Frito-Lay has a disability initiative. I had do more research, I did not get to a disability initiative right off the bat. I did click on the diversity program, and in their program -- it was on the page. I went to a search engine to find it and I put in disability.

>> There it is. Taking a stand for equality. Diversity as all unique characteristics that make up each of us. Disability is listed. Special orientations. On this page I was able to find under diversity and engagement, a disability type of initiative.

>> I went to a job posting. It was for this company. And I said I would put this company name. I put in indeed.com. I have the name of the company. It is a healthcare worldwide [ Indiscernible ]. I put disability initiative, and this is the page that came up. I use the find key and I found qualifications. They actually talk about reasonable accommodations may be made to enable individuals with disabilities to perform essential functions. They listed right there for everyone to see. We are open to the idea. I was really surprised to find so many opportunities like this for individuals with disabilities. This is not an issue. The essential functions are very clear, there is a summary of what the position is going to require, on this particular position. Maintenance technician one. Operating their coin system, maintaining and preparing if needed. I am looking at me variety of different job positions. I knew [ Indiscernible ] had an initiative. I found their initiative. [ Indiscernible ] I know them and I know this from working within the field for a long time they employ people with disabilities for a long time. And they have this initiative hire people that have autism. Not just entry-level position, but higher-level positions. With higher pay. Like accounting, and finance are one of the areas they are starting their initiative.

>> Accessibility, right off the bat. There are ways that I could find and do my research on a company, finding out whether they have a disability initiative or not. You need to look at the position, take the company name out there, look the company up on the Internet, and search their website to see if they have any type of initiative, or if they are focused on people with disabilities. You may want to disclose if you do. That may get your foot in the door. Versus holding back and waiting for a later time.

>> [ Indiscernible - multiple speakers ]

>> I want to add a couple of comments. A lot of types of -- times on those websites, you will find a contact person on the website, that if you are working with an individual as an employment provider, they will ask you to reach out to that person. You can ask accommodations for the interview. They will give you a point of contact. [ Indiscernible ] they have a point of contact. And they can actually reach out and partner with. If you are in the valley, and you have an individual that wants to work at a grocery retail, you can contact the person at headquarters and she will make sure everything is set up before an interview. Wherever the location may be. And there are other companies, referring the term of [ Indiscernible ] diversity, instead of using the term autism if you search narrow diversity, you will find more Fortune 500 type companies that are doing this. Google, Microsoft, [ Indiscernible ], and the new one. Indeed is also doing it. There opening up a huge section in Austin. They are also getting on board with actually having a section of their HR department working with a call Nero diversity. Anyone with a disability is how I understand it is working. [ Indiscernible ] -- neuro

>> Okay, I love it. Will accommodations build be needed to have job performance? We are past thinking about whether I am qualified. Maybe I am qualified but do I need accommodation? Sometimes we know the answer, and sometimes we do not. Like I said, sometimes the job changes after we get there. It may not be off the bat that it may grow and it may morph into something else. Do not speculate I get concerned about accommodation. Do not make assumptions. Determinations can be made on a case-by-case basis. There may be some things if an employee asked whether you have a disability, and they may ask. You may not know. It may depend on where your position. For example if I delay finance our accounting job, and I am at a desk, and [ Indiscernible ] to get me to that office. They may need to move the office at another location. And if I use a wheelchair I may not have enough turning space. Do not speculate to you get into the position on exactly what you might need. Unless you know for sure that it is something that you will need.

>> The employee may request accommodation anytime the job necessitates the need. This is where employers freak out. They may get fearful. They might get blindsided if you do not need anything in the beginning, and then one year into the job and I need something. Maybe that job has moved into something greater or better and now you need accommodation. And sometimes employees might say, why did you not tell me this before? And you do not need to. We need to find diplomatic ways to ease employer peer, and letting them know that there is help out there and there is a way to make the accommodation. It may be something very simple, not expensive there are recesses that can help figure out what it is you need. Sometimes they can come back and say to the position, whether that accommodation will be a barrier. For example, my husband was not hard of hearing when we met, but now he is. Listening to a lot of loud music as a kid. And work for a lighting company. And built stages for large venues, like the BG tour back in the day. Now he is significant loss. He went to vocational rehab because they were trying to [ Indiscernible ] his employment. They were able to purchase hearing aids. He is a case manager. He works for people with a hard of hearing. [ Indiscernible ] they needed someone when they have people with hard of hearing and he can help serve them. People that were deaf were using sign language. Having hearing aids was making the job accessible. They can take you on as a new client, often if they have [ Indiscernible ] where there was not before.

>> In the beginning there was not a need for accommodation, but as my hearing decrease, they became a need. Accommodation request are not required, before or when the job is offer -- job offer is made.

Realize once the job offer is made, the employer can ask asking questions that may not have been asked prior. [ Indiscernible ]

>> We have some other things that we need to now. They may ask anyone that made the offer. Are there any cause Association for denying accommodation? [ Indiscernible ] not necessarily related after the offer. Additional things to think about -- is it a one time cost are not going cost? How have you are the individual worked with barriers in the past? Strategizing about ways that previously I was able to work with the same type of situation. I can use the same strategies in the new job. If you want to disclose, will be employer likely find out about your disability? And does that change your decision on disclosure or not? Researching the company and finding out whether there is an disability initiative. And whether or not they hired a person with this disability. You can find out a lot about going to the website.

>> Talk to the community, talk to the people that may have a disability similar to yours. In my world, the deaf community, they share a lot of information. They know for example, what employs me be [ Indiscernible ]. Where the community is much smaller and tighter knit. Even having those discussions with the disability community, you may be able to find about -- find out information about the employer and there accessibility policy and standard.

>> At the interview. Remember you must be able to perform the essential functions at the job with or without reasonable accommodation. Can you describe limitations in functional terms? So you can get the focus back on abilities rather than disabilities. How independent do you come across at the interview? Emphasizing the ability to do the job, and get the focus off your disability. You might be able to explain and/or demonstrate how you can perform essential functions of the job. The employer can ask medical questions, if they are asked on all applicants, and consistent with business necessity. For example, if the position is working for a major company like UPS, [ Indiscernible ]. You will be [ Indiscernible ]. They need to ask everyone whether they can lift 50 pounds. After the offer, you may have a test to see if you can lift 50 pounds. That is consistent with business necessity for that position. Employers can't ask those types of questions.

>> This is where things can get sticky. You can find great resources at [ Indiscernible ]. I am happy to send you the link. I will get that to create a she will share with everyone. -- Freda. What questions can be asked and what questions cannot be asked when it comes to medical information? Remember, your disability is your private information, through ADA, through HIPPA. Employers cannot share that information.

>> The offer is made. I want to go back. I have one quick thing. What type of interview is it? We have a photograph. This information -- this picture shows a panel interview. Some may do it well and some may not. If I have a vision or hearing loss I may not know who is talking. I may not be able to hear as well in a panel. Is there a sign language person? You may have a video interview through a Skype or other technology, because you live in California, and the interview is in New York. Knowing the type of interview, how many people will be at the interview, might be pertinent information depending on your disability.

>> Now the job offer is made, what happens next? Medical exams made the required. The business has a right to define your own safety issues. This can be complicated. For example, I worked for [ Indiscernible ] years ago, who had worked for a large grocery store chain. And worked in a warehouse for 11 years. Drove a forklift for a number of years. One day he hit one of the sprinkler heads with the

forklift and the sprinkler went off in the warehouse, and damaged goods. He was demoted to a different position, that had paid less. In that position, the gentleman happened to be deaf . They did not provide interpreters ever during his tenure, or any type of safety or staff meetings. He got injured and got hurt. My point is, this business decided that it was a safe the issue. [ Indiscernible ] I sent out a question nationwide, again years ago to the deaf network . 45 people, I believe, responded within 48 hours. Of those, over half individuals that drive forklifts in warehouses. It greatly depends on the business, and there set up. Maybe they have 30 forklifts running around and it is dangerous with someone with a hearing loss maybe they have accommodations that could be made on the forklift. For people that are driving them, and they know when someone is behind them. Or they have flashing lights or something like that, where they can be made known that they are backing up, or if they are going sideways. The business has the right to say, this is not safe in our environment. It is difficult to challenge that. You might need to look at other businesses and do the same type of work, and to see their requirements again, it can be a challenging situation.

>> If there is a health or safety risk, you may be excluded from the job, after considering reasonable accommodation. Can we accommodate the forklift? Or the individual? Can we put something in place so that the risk is reduced? And there is an acceptable limit? The employer's opportunity is here for questions.

>> Now, the first day on the job. What happens here? This is the time for you to scope out your position. You can determine what is necessary right off the bat. The first day of the job, now I know they cannot legally fire me just because of my disability if I do not disclose something necessary, there may be a problem. Engaging in the interactive process, you may hear the term, as we hear a lot in case law, interactive process [ Indiscernible ] a dialogue. What is it that you need and how can we accommodate you? The employer has the application -- obligation. Making sure accommodations can be made. Document your request, puts it in writing, this way you know you have a paper trail, in case [ Indiscernible ]. It is important for applicants and employees to make -- not to make assumptions that may be needed. If you can, wait until the first day of employment. Go ahead and make accommodation list if you know what it is.

>> When making reasonable accommodation request, it is important that the employee realize that they are entitled and when they are. Remember, it is not just during the job, or the interview, but it is getting the benefits everyone else gets for employment. If everyone gets to sit down and participate in a reading about health benefits, I get to do the same. My friend up in Washington says, if you get to go, I get to go. If you get to go to the office Christmas party, and you get to eat, etc., and I should be able to have the right to be accommodation, even though it is not doing my job. It is still a part of the opportunity if everyone else gets to participate. I should as well.

>> Vocational rehabilitation may have a role in this process. [ Indiscernible ] making reasonable accommodations. They can help with that in the early stages of employment. The diplomacy is essential. I use the soft approach. That is how I do it. I like to assist people with sharing information about accommodations that may be needed. I use the soft general approach. I share information, and I tried to convince to make accommodation.

>> Focusing on access to the appropriate support, and do not go overboard. Just say what you need to get the job done. Do not ask for things that are not needed. Do not be demanding, or condescending,

and do not act like employer should know that. Again, the soft gentle approach has always worked effectively, at least for me.

>> Are there cost associated with the accommodation, and/or resources that can help with vocational rehab? Put in writing and create a paper trail, just in case something goes wrong you have documentation.

>> Remember, confidentiality is key. Medical information must be kept in separate files it cannot be kept along with your other employment records. Provide [ Indiscernible ] management and staff may need to know whether the individual [ Indiscernible ]. If medical information is used, it must be job related and a necessity. [ Indiscernible ] that is for the employment section.

>> I think this is really important, sometimes I am actually working with someone right now working for a company. They have just found out they have hepatitis see. -- C. It is not affecting employment. They are not feeling well. The person is able to go back to work. They could have had it since they were a child. And they do not have any idea when they got it. They lost a lot of weight and they were not looking good. And someone suggested that they needed [ Indiscernible ]. The individual was opened with it and they said this is what I have found out. I am on medication now and I will be fine, it does not. The note came from the doctor giving him the ability to go back to the job full-time. And they will not give him any work. This said this individual works for a large corporation, serving employees over the U. S.. And [ Indiscernible ]. They do not have any work for him now. And it is scary and frightening. Not only that the employer has not shared the information with other staff. Staff do not need to now. Now he has coworkers asking I thought you have hepatitis C. Is it true?

>> [ Indiscernible ] just to quickly recap. I will see if we have any questions. We have protection under the chance Evan. Think about -- ADA . Think about where they can occur. The interview process, the application process, at the job offer, between the time the job offer is needed and receive. In the first day of employment and later.

>> Visible versus invisible disabilities. Things that we need to think about and prepare for, especially if we have visible disability. [ Indiscernible ] she was ready for an answer. She knew that people notice her cochlear implant. She was ready to leave the employee -- employer fear.

>> Advantages and disadvantaging up disclosing. How to talk about your disability. That is the part about Mabel versus function. How you describe your disability to someone, and a way that is -- how the person will understand. And [ Indiscernible ].

>> I wanted to show you quickly, a job application that I found concerning. I have it on my screen now. I happen to find it. It is for a [ Indiscernible ] position. Every job function they ask, it is whether an accommodation is needed. Yes or no? It is a listening disability. I ran this by my people in Texas. It is a police officer position. [ Indiscernible ] at the same time they were also very concerned about the way it was asked. It said, can you performed this position with or without accommodation? Yes or no? But specifically asking whether you need accommodation. That could very well be perceived as a listening disability. Another thing I want to show you. Okay, I was@monster.com. I was looking at different jobs and looking at the requirements, and qualifications and skills. I wanted to give you an example of where I might question, for this position, whether I have a paralegal degree? If not I am not qualified. The skills and qualifications, confidentiality. What types of questions about this will come up about

confidentiality? Contact skills? Legal administration skills -- what do I know about legal compliance? Litigation, administrative writing skills. What type of questions will come up? This is where I can start to analyze the job description, to create questions that the interviewer may ask. I can start prepping for that. And I write down the answer, and I practice saying the answer without looking at it. And then I actually set myself up as a mock interview. People with past employment or a past supervisor, or individuals that interview people. My mother used to be a human resource director. And I got her to say, do not say it this way, but save that way. It was a wonderful experience the mock interview. I do not know if that is something you may do, especially during the summer program [ Indiscernible ]. They are having one this year.

>> Back to the PowerPoint. That is pretty much it. I want to thank you. I am ready to take any closing westerns that you may have -- questions.

>> The services now require anyone receiving job placement services, meeting to complete at least two mock interviews with their provider. It can be set up with the real employer, or an unknown person, so it is not a familiarity type issue. They need to submit and videotape them. And the counselors, from what I understand, asking for those videos to be sent in, so they can view them. If the person needs any further assistance, they can do it. [ Indiscernible ] we are definitely going into that. In one area, we do not have a lot of questions. You covered everything. One area, that I know from the job placement course, one area that individuals have the greatest difficulty is with an individual choosing not to disclose. They have an invisible disability. And a lot of times it concerns me, and I tried to do the best I can, to teach individuals how to do it. I always try to tell them to think about yourself, and that not having a disability. How would you ask for employer for something? Do not use the word disability. I talk about training. One individual I work with a couple of years back, had a learning disability, with an invisible disability, great difficulty with math calculations. And the job that she wanted, that was not one of the primary functions, but very concerned that that would come up. She did not know how to handle it. I said, ask the employer, do you have a calculator I can use? That is all that needed to be said. She asked Russians about how the training is presented, and whether there is a copy or a video. And it is learning how their training will be and the devices authorized to use within her workstation, and she got the job and had no issues. I tell people to think about that for themselves. When interviewing for a job, like stand when I work. I do not have a disability but I like to stand. Is there a way to get a sit/stand desk quest --? Even that is not covered. They talk about how to ask for disabilities, and they have a list of disabilities, but they do not go into how to support that person who does not want to disclose. And who wants confidentiality maintained. And that stumps a lot of people. Do you have any other ideas that you can give to us today that might help with that?

>> I think you are right. It depends on the disability. What if it is PTSD? We have a lot of veterans from various wars that we have had in my lifetime. [ Indiscernible ] a lot of people with PTSD. It is challenging because they do not want to disclose and/or share that disability. But there are things that can set them off. If they are working in a warehouse with a lot of noise, that might set them off. I think your strategy sounds wonderful. Put yourself in their shoes. Put yourself in their shoes -- as the employer, how would I like to know that information. I like how you said, just to ask for it like if you did not have a disability. Maybe I just do not like being around loud noises. Right now my ears ring, I do not have a hearing loss, but something is going on I do not like it. I do not want to be around loud noises that are going to occur frequently. That is a tough one.

>> I am not trying to stump you. That is one of the areas I struggle with myself. Having to deal with the disability and the specific of the situation. When you mentioned PTSD, I worked with an individual that did not want to sit with their back toward the door in an office. We worked on a script, and we said I am able and comfortable to be able to see the door, I like to see if I can see if anyone needs assistance. Is there a way I can switch my desk around so I can everyone? That person had great fear of being trapped. And not able to see the exit. It was a PTSD situation. I think what they are doing -- we are doing the best we can to help people as they come up with things. And I think that you are open to it. And if you have questions, it is okay to reach out to others, asking for assistance. You can go to your supervisor and telling them you have a situation and you need pointers. [ Indiscernible ] I know Jan will help. I love the organization. It is a fabulous resource. I know that I have reached out, and they say, they do not want to disclose? It is a tough one to cross. I thought I would bring that up. That is one of the biggest questions that we get. And there is no guidance that I am aware of, to say do this or try this.

>> Because it is so individualized. It is case-by-case. It really depends on -- just because I have PTSD, or because I am deaf, does not I -- does not mean I communicate the same way as others. I do not want my back to the door, for someone else it might be [ Indiscernible ]. It is so individualized. You may not be able to say this is how you do it.

>> Yes I totally agree. You have covered all the Russians today. -- Questions. You did such a great job. We appreciate your time today. We appreciate our participants being with us today. And as always we tried to present the best material we can get our hands on, the best presenters. Randy you are right up there. Thank you so much. The information you provided today is timely and relevant to everything going on in our world, and making sure we are taking care of each other. We want to make sure we do that. Today, this is the end of the webinar. We want to thank everyone for being with us today. We have recorded the webinar and we will posted on the website. If you want to go back and look at something, or if you have not grabbed Randy's handout, please do so now. If you need continuing education and for others in your office, go to our on-demand system if you want to use this training for others, you can access it for free. We would like to get the word out as much as possible. For those registered for completion, we will get you that in the next three or five days if you need credit, or a special form, send me an email. We will get that CRC form out to you. Thank you again for your attendance, and your attention today. Have a great one we will see you next time. Randy, we hope we can get you back soon.

>> Thank you and good by everyone.

>> [ Event Concluded ]

>>