PABSS Protection and Advocacy of Beneficiaries of Social Security
7/31/2017
Real Work in the Real World: Paving Your Path to Success with Self-Advocacy, Resources and Rights www.disabilityrightspa.org KOERT WEHBERG, ESQ.- DIRECTOR OF PABSS DALE VERCHICK- PABSS ADVOCATE JEAN SEARLE- POLICY ADVOCATE Disability Rights Pennsylvania
1
Today’s Goal 1. To increase knowledge of rights and responsibilities as employees, or those who support them under the Americans with Disabilities Act (ADA) 2. Learn about self-advocacy strategies used by people with disabilities to get and maintain competitive employment 3. Gain an understanding of community resources available to assist with competitive integrated employment and reasonable accommodations at work
Disability Rights Pennsylvania
2
1
7/31/2017
Employment Discrimination Disability Rights Laws
• Rehabilitation Act • Prohibits employment discrimination for qualified individuals with disabilities who work for the federal government or entity that receives federal funding • Americans with Disabilities Act • Prohibits employment discrimination for qualified individuals with disabilities who work for: • State government • Local government • Private businesses with 15+ employees Disability Rights Pennsylvania
3
Employment Discrimination Disability Rights Laws (cont’d) • Pennsylvania Human Relations Act • Prohibits discrimination against private employers with four or more employees (different from ADA) but otherwise the same regarding state and local government.
Disability Rights Pennsylvania
4
2
7/31/2017
Definition of Disability An employee has a “disability” if he or she: • Has a physical or mental impairment that causes a substantial limitation of one or more major life activities • Has a record of such an impairment • Is “regarded as” having an impairment
Disability Rights Pennsylvania
5
Major Life Activities caring for oneself
walking
standing
lifting
bending
reaching
seeing
hearing
learning
concentrating
eating
communicating
speaking
thinking
sleeping
breathing
performing manual tasks
working
interacting with others
sitting
This list is not exhaustive Disability Rights Pennsylvania
6
3
7/31/2017
Episodic Impairments and Mitigating Measures • Conditions that are episodic or in remission: An impairment that is episodic or in remission is a disability if it substantially limits a major life activity when active • Examples: Epilepsy, Bipolar disorder, PTSD • Mitigating measures: Ameliorative effects of mitigating measures must be disregarded • Examples: Medication, Coping Strategies, Behavioral Therapy, Hearing Aids
Disability Rights Pennsylvania
7
You Be the Judge • Maria has MS. Her symptoms are mostly controlled by medication, but she still experiences some fatigue. She has not had an “MS flare” in a year. Is she a person with a disability under the ADA?
Disability Rights Pennsylvania
8
4
7/31/2017
Qualified Individual with a Disability • An employee is "qualified" for a position if s/he: (1) satisfies the requisite skill, experience, education, and other jobrelated requirements of the position, and (2) can perform the essential functions of the position, with or without reasonable accommodation.
Disability Rights Pennsylvania
9
Essential Job Functions Factors to consider when determining whether a job function is essential: • The employer’s judgment • Job descriptions • The amount of time spent performing the function • The consequences of not requiring the person to perform the function • The terms of a collective bargaining agreement • The work experience of others who have had, or currently hold, the same or similar positions Disability Rights Pennsylvania
10
5
7/31/2017
Workplace Protections Discrimination is prohibited in any facet of employment, including: • Job application procedures • Hiring / Firing • Benefits and Compensation • Advancement • Training • Any terms, conditions, or privileges of employment • Refusing to provide reasonable accommodations • Certain medical exams and inquiries Disability Rights Pennsylvania
11
Workplace Protections Question: Does an employer have to give preference to a qualified applicant with a disability over other applicants?
Disability Rights Pennsylvania
12
6
7/31/2017
Workplace Protections: Limitations Answer: ADA: No. An employer is free to select the most qualified applicant available and to make decisions based on reasons unrelated to the existence or consequence of a disability. http://www.eeoc.gov/facts/adaqa1.html
Disability Rights Pennsylvania
13
Workplace Protections: Limitations Question: Does having a disability protect an individual from being fired or laid off?
Disability Rights Pennsylvania
14
7
7/31/2017
Workplace Protections: Limitations Answer: ADA: No. The ADA protects you from being discriminated against because of your disability. It is not a violation for your employer to fire, demote, not promote, reduce hours, or change any other condition of your employment for some other reason unrelated to your disability.
Disability Rights Pennsylvania
15
Reasonable Accommodations Discrimination under the ADA may include: • Not providing a reasonable accommodation for known limitations caused by a disability What is a Reasonable Accommodation? • Modifications or adjustments to the work environment, or … • to the manner or circumstances under which the position is customarily performed … • that enable a qualified individual with a disability to perform the essential functions of that position … or … • enjoy equal benefits and privileges of employment. Disability Rights Pennsylvania
16
8
7/31/2017
Examples of Accommodations for Job Applications/Interviews • Conducting the interview in a physically accessible location • Sign language interpreter for interview • Modifying tests, training materials, testing time, and/or policy manuals • Replacing a written test with a more extensive interview • Allowing a support person during the interview
Disability Rights Pennsylvania
17
Examples of Employment Accommodations • Providing tasks orally instead of in writing • Providing tasks in writing instead of orally • Making the workplace accessible to and usable by an employee with a disability • Restructuring a job (eliminating “marginal tasks”) • Allowing break periods • Modifying work schedule • Scent-free or restrictive scent policies • Unpaid Leave • Modifying equipment Disability Rights Pennsylvania
18
9
7/31/2017
Examples of Employment Accommodations • Providing qualified readers to accommodate individuals who are blind or may have a vision impairment such as optic neuritis. • Reassignment to a vacant position • Providing periods of leave for treatment or recovery • Allowing a job coach • Allowing service animal • Telework Other Ideas? Disability Rights Pennsylvania
19
Not Required to Provide an Accommodation That…. Causes an undue hardship to the employer Results in a direct threat to the health or safety of the employee or others Is unreasonable • Requires reallocation of essential job functions • Will not enable to the employee to be qualified • Lowers production standards applied to all employees • Provides personal use items • Changes an employee’s supervisor • Excuses violation of uniformly applied conduct rules Disability Rights Pennsylvania
20
10
7/31/2017
Accommodation Basics • Must be an effective accommodation (not best) • Personal devices are not required • Individuals covered solely under the “regarded as” prong are not entitled to accommodations • Individuals covered by association are not entitled to accommodations • Employers are not prevented from providing extra accommodations • Employee request triggers “interactive process”
Disability Rights Pennsylvania
21
You Be The Judge Bill does not have a disability but has a spouse with MS. He asks for a reasonable accommodation – modified work schedule so he can take his spouse to physical therapy appointments. His employer says no. ADA Violation?
Disability Rights Pennsylvania
22
11
7/31/2017
Disclosing a Disability Question: Am I required to disclose my disability?
Disability Rights Pennsylvania
23
Disclosing a Disability Answer: No – you are not required to disclose your disability unless you decide to request a reasonable accommodation
Disability Rights Pennsylvania
24
12
7/31/2017
Disclosing a Disability Question: Should you disclose your disability?
Disability Rights Pennsylvania
25
Disclosing a Disability Answer: It depends on personal situation – Reasons you may want to disclose: • You are applying for a position with a government that has an affirmative action program for people with disabilities • You are applying for or working for a known disability-friendly employer • Your disability makes you more qualified for your job • You are requesting a reasonable accommodation Note about voluntary disclosure requests for affirmative action purposes (state government employees; Rehab Act) Disability Rights Pennsylvania
26
13
7/31/2017
PABSS Protection and Advocacy for Beneficiaries of Social Security
27
What is PABSS? (cont’d) Protection & Advocacy for Beneficiaries of Social Security (PABSS) was established under the Ticket to Work and Work Incentives Improvement Act of 1999 (Public Law 106-170). PABSS is part of Disability Rights Pennsylvania, a statewide non-profit organization that has been advocating on behalf of individuals with disabilities since 1977. PABSS, which is funded by a grant from the Social Security Administration (SSA), is responsible for protecting the rights of SSDI beneficiaries and SSI recipients who wish to gain or continue work. Disability Rights Pennsylvania
28
14
7/31/2017
Purpose of PABSS • To provide health care and employment preparation and placement services to individuals with disabilities; • To encourage States to expand Medicaid availability to workers with disabilities; • To expand Medicare availability to workers with disabilities; and • To obtain necessary services and supports to obtain and retain
employment and reduce dependency on cash benefits.
Disability Rights Pennsylvania
29
What are barriers to employment? Barriers to employment may include• accommodation at the workplace • need for assistive technology • transportation issues • health related issues, and • discrimination.
Disability Rights Pennsylvania
30
15
7/31/2017
You are eligible for PABSS Services if: You are a Pennsylvanian with a disability who receives Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits, and 1. You need information about how working or increasing your work-related earnings will affect your benefits, or 2. You are having trouble getting the vocational rehabilitation or other employment-related services and supports you need in order to work including concerns you may have with your employer about reasonable accommodations, or 3. You are experiencing a barrier to employment. Disability Rights Pennsylvania
31
If you are eligible, PABSS can: • Provide information about the programs, services and supports available to help you work • Provide information about numerous work incentives that may be helpful in obtaining meaningful work • Refer you to professionals who can explain how working or increasing your work-related earnings will affect your benefits and help you plan for the future • Assist you if you encounter problems in getting the services and supports you need to gain or continue work • Advocate on your behalf to resolve any conflicts you may have with service providers or employers as you seek to gain or continue work
• Identify and correct systemic barriers that impede access to vocational and rehabilitation services; and barriers to employment and support services necessary to facilitate entry or reentry to the workplace Disability Rights Pennsylvania
32
16
7/31/2017
Types of PABSS Advocacy We assist with:
• Transition Services from school to work • Post- Secondary Education • Supported and Customized Employment • Medicaid/ Medicare Services including personal assistance services • Obtaining appropriate Assistance Technology • Work related transportation • Housing
Ticket to Work Social Security’s Ticket to Work program supports career development for Social Security disability beneficiaries age 18 through 64 who want to work. The Ticket program is free and voluntary. The Ticket program helps people with disabilities progress toward financial independence. • The Social Security Administration has information about the Ticket on their website at www.ssa.gov/work. Staff can be contacted at 800-772-1213 or 800-325-0778 (TTY). • MAXIMUS has information about the Ticket on their website at www.yourtickettowork.com. Staff can be contacted at 866-968-7842 or 866-833-2967 (TTY).
Disability Rights Pennsylvania
34
17
7/31/2017
Work Incentive Planning and Assistance (WIPA) Call your local WIPA Project for information about: • The impact of earned income on SSA cash benefits • The impact of earned income on related health care • Work incentives
Work Incentives Planning and Assistance (WIPA) Projects can provide free advice.
Disability Rights Pennsylvania
35
Jean’s Story • How do you ask for help if you want to get a job? • How do you get a job coach? • How do you find out about available jobs and complete the job application? • How do you request help or a reasonable accommodation at work?
Disability Rights Pennsylvania
36
18
7/31/2017
Self- Advocacy Strategies One of the best ways to learn something is to learn from those already doing it successfully • Tips for success • Knowing what is expected of you • Finding a mentor or peer to connect with • How to build confidence • How to build a strong support system • Colleagues at work • Friends, family, previous teachers, counselors • Agencies and their staff Disability Rights Pennsylvania
37
Self-Advocacy Strategies Common problems that may come up and how to handle them • Scheduling conflicts • Workloads • Dealing with different personalities
Disability Rights Pennsylvania
38
19
7/31/2017
Tips for Employees with Disabilities and Their Advocates
• Be ready to explain gaps in employment. • If asked improper questions during an interview, simply say: “I’d like to focus on why I am qualified for the job.” • Consider whether to disclose your disability – remember you are not required to disclose unless you are requesting a reasonable accommodation. • Balance confidentiality concerns with the need for an accommodation. • Duty to interact applies to both employers & employees. • Ensure that any medical release is limited to need for accommodation. Disability Rights Pennsylvania
39
Tips for Employees with Disabilities and Their Advocates • When requesting a reasonable accommodation, identify your impairment, limitations, requested accommodations. • Submit accommodation requests in writing. Document all interactions regarding accommodation request. • Be far-reaching in exploring reasonable accommodation. For example, if you think unpaid leave would cause an undue hardship for your employer, examine part-time work or working from home. • If you feel that discrimination has occurred, seek a copy of your personnel file and contact an appropriate agency. Disability Rights Pennsylvania
40
20
7/31/2017
Filing Charges of Discrimination Unlike other lawsuits, you cannot go directly to court to challenge employment discrimination Must “exhaust” administrative remedies • Equal Employment Opportunity Commission - Must file within 300 days of discriminatory action • PA Human Relations Commission - Must file within 180 days of discriminatory action Do not need a lawyer Sometimes offered mediation Investigation Finding Notice of Right to Sue Disability Rights Pennsylvania
41
Disability Rights Pennsylvania (DRP) •DRP is an independent, nonprofit corporation under Section 501(c)(3) of the IRS tax code •DRP is designated by the Governor as Pennsylvania’s Protection and Advocacy System 42
21
7/31/2017
OUR MISSION
Disability Rights Pennsylvania protects and advocates for rights of people with disabilities so that they may live the lives they choose, free from abuse, neglect, discrimination, and segregation. VISION STATEMENT
A Commonwealth where people of all abilities are equal and free Disability Rights Pennsylvania
43
Contact Information Harrisburg Office 301 Chestnut St., Suite 300 Harrisburg, PA 17101 1-800-692-7443 [Voice] 1-877-375-7139 [TDD] (717) 236-8110 [Voice] (717) 236-0192 [Fax] [email protected] [Email]
Philadelphia Office The Philadelphia Building 1315 Walnut St., Suite 500 Philadelphia, PA 19107–4798 (215) 238-8070 [Voice] (215) 772-3126 [Fax] [email protected] [Email]
Pittsburgh Office 429 Fourth Avenue, Suite 701 Pittsburgh, PA 15219-1505 (412) 391-5225 [Voice] (412) 467-8940 [Fax] [email protected] [Email]
www.disabilityrightspa.org
Disability Rights Pennsylvania
44
22
Real Work in the Real World: Paving Your Path to Success with Self-Advocacy, Resources and Rights www.disabilityrightspa.org KOERT WEHBERG, ESQ.- DIRECTOR OF PABSS DALE VERCHICK- PABSS ADVOCATE JEAN SEARLE- POLICY ADVOCATE Disability Rights Pennsylvania
1
Today’s Goal 1. To increase knowledge of rights and responsibilities as employees, or those who support them under the Americans with Disabilities Act (ADA) 2. Learn about self-advocacy strategies used by people with disabilities to get and maintain competitive employment 3. Gain an understanding of community resources available to assist with competitive integrated employment and reasonable accommodations at work
Disability Rights Pennsylvania
2
1
7/31/2017
Employment Discrimination Disability Rights Laws
• Rehabilitation Act • Prohibits employment discrimination for qualified individuals with disabilities who work for the federal government or entity that receives federal funding • Americans with Disabilities Act • Prohibits employment discrimination for qualified individuals with disabilities who work for: • State government • Local government • Private businesses with 15+ employees Disability Rights Pennsylvania
3
Employment Discrimination Disability Rights Laws (cont’d) • Pennsylvania Human Relations Act • Prohibits discrimination against private employers with four or more employees (different from ADA) but otherwise the same regarding state and local government.
Disability Rights Pennsylvania
4
2
7/31/2017
Definition of Disability An employee has a “disability” if he or she: • Has a physical or mental impairment that causes a substantial limitation of one or more major life activities • Has a record of such an impairment • Is “regarded as” having an impairment
Disability Rights Pennsylvania
5
Major Life Activities caring for oneself
walking
standing
lifting
bending
reaching
seeing
hearing
learning
concentrating
eating
communicating
speaking
thinking
sleeping
breathing
performing manual tasks
working
interacting with others
sitting
This list is not exhaustive Disability Rights Pennsylvania
6
3
7/31/2017
Episodic Impairments and Mitigating Measures • Conditions that are episodic or in remission: An impairment that is episodic or in remission is a disability if it substantially limits a major life activity when active • Examples: Epilepsy, Bipolar disorder, PTSD • Mitigating measures: Ameliorative effects of mitigating measures must be disregarded • Examples: Medication, Coping Strategies, Behavioral Therapy, Hearing Aids
Disability Rights Pennsylvania
7
You Be the Judge • Maria has MS. Her symptoms are mostly controlled by medication, but she still experiences some fatigue. She has not had an “MS flare” in a year. Is she a person with a disability under the ADA?
Disability Rights Pennsylvania
8
4
7/31/2017
Qualified Individual with a Disability • An employee is "qualified" for a position if s/he: (1) satisfies the requisite skill, experience, education, and other jobrelated requirements of the position, and (2) can perform the essential functions of the position, with or without reasonable accommodation.
Disability Rights Pennsylvania
9
Essential Job Functions Factors to consider when determining whether a job function is essential: • The employer’s judgment • Job descriptions • The amount of time spent performing the function • The consequences of not requiring the person to perform the function • The terms of a collective bargaining agreement • The work experience of others who have had, or currently hold, the same or similar positions Disability Rights Pennsylvania
10
5
7/31/2017
Workplace Protections Discrimination is prohibited in any facet of employment, including: • Job application procedures • Hiring / Firing • Benefits and Compensation • Advancement • Training • Any terms, conditions, or privileges of employment • Refusing to provide reasonable accommodations • Certain medical exams and inquiries Disability Rights Pennsylvania
11
Workplace Protections Question: Does an employer have to give preference to a qualified applicant with a disability over other applicants?
Disability Rights Pennsylvania
12
6
7/31/2017
Workplace Protections: Limitations Answer: ADA: No. An employer is free to select the most qualified applicant available and to make decisions based on reasons unrelated to the existence or consequence of a disability. http://www.eeoc.gov/facts/adaqa1.html
Disability Rights Pennsylvania
13
Workplace Protections: Limitations Question: Does having a disability protect an individual from being fired or laid off?
Disability Rights Pennsylvania
14
7
7/31/2017
Workplace Protections: Limitations Answer: ADA: No. The ADA protects you from being discriminated against because of your disability. It is not a violation for your employer to fire, demote, not promote, reduce hours, or change any other condition of your employment for some other reason unrelated to your disability.
Disability Rights Pennsylvania
15
Reasonable Accommodations Discrimination under the ADA may include: • Not providing a reasonable accommodation for known limitations caused by a disability What is a Reasonable Accommodation? • Modifications or adjustments to the work environment, or … • to the manner or circumstances under which the position is customarily performed … • that enable a qualified individual with a disability to perform the essential functions of that position … or … • enjoy equal benefits and privileges of employment. Disability Rights Pennsylvania
16
8
7/31/2017
Examples of Accommodations for Job Applications/Interviews • Conducting the interview in a physically accessible location • Sign language interpreter for interview • Modifying tests, training materials, testing time, and/or policy manuals • Replacing a written test with a more extensive interview • Allowing a support person during the interview
Disability Rights Pennsylvania
17
Examples of Employment Accommodations • Providing tasks orally instead of in writing • Providing tasks in writing instead of orally • Making the workplace accessible to and usable by an employee with a disability • Restructuring a job (eliminating “marginal tasks”) • Allowing break periods • Modifying work schedule • Scent-free or restrictive scent policies • Unpaid Leave • Modifying equipment Disability Rights Pennsylvania
18
9
7/31/2017
Examples of Employment Accommodations • Providing qualified readers to accommodate individuals who are blind or may have a vision impairment such as optic neuritis. • Reassignment to a vacant position • Providing periods of leave for treatment or recovery • Allowing a job coach • Allowing service animal • Telework Other Ideas? Disability Rights Pennsylvania
19
Not Required to Provide an Accommodation That…. Causes an undue hardship to the employer Results in a direct threat to the health or safety of the employee or others Is unreasonable • Requires reallocation of essential job functions • Will not enable to the employee to be qualified • Lowers production standards applied to all employees • Provides personal use items • Changes an employee’s supervisor • Excuses violation of uniformly applied conduct rules Disability Rights Pennsylvania
20
10
7/31/2017
Accommodation Basics • Must be an effective accommodation (not best) • Personal devices are not required • Individuals covered solely under the “regarded as” prong are not entitled to accommodations • Individuals covered by association are not entitled to accommodations • Employers are not prevented from providing extra accommodations • Employee request triggers “interactive process”
Disability Rights Pennsylvania
21
You Be The Judge Bill does not have a disability but has a spouse with MS. He asks for a reasonable accommodation – modified work schedule so he can take his spouse to physical therapy appointments. His employer says no. ADA Violation?
Disability Rights Pennsylvania
22
11
7/31/2017
Disclosing a Disability Question: Am I required to disclose my disability?
Disability Rights Pennsylvania
23
Disclosing a Disability Answer: No – you are not required to disclose your disability unless you decide to request a reasonable accommodation
Disability Rights Pennsylvania
24
12
7/31/2017
Disclosing a Disability Question: Should you disclose your disability?
Disability Rights Pennsylvania
25
Disclosing a Disability Answer: It depends on personal situation – Reasons you may want to disclose: • You are applying for a position with a government that has an affirmative action program for people with disabilities • You are applying for or working for a known disability-friendly employer • Your disability makes you more qualified for your job • You are requesting a reasonable accommodation Note about voluntary disclosure requests for affirmative action purposes (state government employees; Rehab Act) Disability Rights Pennsylvania
26
13
7/31/2017
PABSS Protection and Advocacy for Beneficiaries of Social Security
27
What is PABSS? (cont’d) Protection & Advocacy for Beneficiaries of Social Security (PABSS) was established under the Ticket to Work and Work Incentives Improvement Act of 1999 (Public Law 106-170). PABSS is part of Disability Rights Pennsylvania, a statewide non-profit organization that has been advocating on behalf of individuals with disabilities since 1977. PABSS, which is funded by a grant from the Social Security Administration (SSA), is responsible for protecting the rights of SSDI beneficiaries and SSI recipients who wish to gain or continue work. Disability Rights Pennsylvania
28
14
7/31/2017
Purpose of PABSS • To provide health care and employment preparation and placement services to individuals with disabilities; • To encourage States to expand Medicaid availability to workers with disabilities; • To expand Medicare availability to workers with disabilities; and • To obtain necessary services and supports to obtain and retain
employment and reduce dependency on cash benefits.
Disability Rights Pennsylvania
29
What are barriers to employment? Barriers to employment may include• accommodation at the workplace • need for assistive technology • transportation issues • health related issues, and • discrimination.
Disability Rights Pennsylvania
30
15
7/31/2017
You are eligible for PABSS Services if: You are a Pennsylvanian with a disability who receives Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits, and 1. You need information about how working or increasing your work-related earnings will affect your benefits, or 2. You are having trouble getting the vocational rehabilitation or other employment-related services and supports you need in order to work including concerns you may have with your employer about reasonable accommodations, or 3. You are experiencing a barrier to employment. Disability Rights Pennsylvania
31
If you are eligible, PABSS can: • Provide information about the programs, services and supports available to help you work • Provide information about numerous work incentives that may be helpful in obtaining meaningful work • Refer you to professionals who can explain how working or increasing your work-related earnings will affect your benefits and help you plan for the future • Assist you if you encounter problems in getting the services and supports you need to gain or continue work • Advocate on your behalf to resolve any conflicts you may have with service providers or employers as you seek to gain or continue work
• Identify and correct systemic barriers that impede access to vocational and rehabilitation services; and barriers to employment and support services necessary to facilitate entry or reentry to the workplace Disability Rights Pennsylvania
32
16
7/31/2017
Types of PABSS Advocacy We assist with:
• Transition Services from school to work • Post- Secondary Education • Supported and Customized Employment • Medicaid/ Medicare Services including personal assistance services • Obtaining appropriate Assistance Technology • Work related transportation • Housing
Ticket to Work Social Security’s Ticket to Work program supports career development for Social Security disability beneficiaries age 18 through 64 who want to work. The Ticket program is free and voluntary. The Ticket program helps people with disabilities progress toward financial independence. • The Social Security Administration has information about the Ticket on their website at www.ssa.gov/work. Staff can be contacted at 800-772-1213 or 800-325-0778 (TTY). • MAXIMUS has information about the Ticket on their website at www.yourtickettowork.com. Staff can be contacted at 866-968-7842 or 866-833-2967 (TTY).
Disability Rights Pennsylvania
34
17
7/31/2017
Work Incentive Planning and Assistance (WIPA) Call your local WIPA Project for information about: • The impact of earned income on SSA cash benefits • The impact of earned income on related health care • Work incentives
Work Incentives Planning and Assistance (WIPA) Projects can provide free advice.
Disability Rights Pennsylvania
35
Jean’s Story • How do you ask for help if you want to get a job? • How do you get a job coach? • How do you find out about available jobs and complete the job application? • How do you request help or a reasonable accommodation at work?
Disability Rights Pennsylvania
36
18
7/31/2017
Self- Advocacy Strategies One of the best ways to learn something is to learn from those already doing it successfully • Tips for success • Knowing what is expected of you • Finding a mentor or peer to connect with • How to build confidence • How to build a strong support system • Colleagues at work • Friends, family, previous teachers, counselors • Agencies and their staff Disability Rights Pennsylvania
37
Self-Advocacy Strategies Common problems that may come up and how to handle them • Scheduling conflicts • Workloads • Dealing with different personalities
Disability Rights Pennsylvania
38
19
7/31/2017
Tips for Employees with Disabilities and Their Advocates
• Be ready to explain gaps in employment. • If asked improper questions during an interview, simply say: “I’d like to focus on why I am qualified for the job.” • Consider whether to disclose your disability – remember you are not required to disclose unless you are requesting a reasonable accommodation. • Balance confidentiality concerns with the need for an accommodation. • Duty to interact applies to both employers & employees. • Ensure that any medical release is limited to need for accommodation. Disability Rights Pennsylvania
39
Tips for Employees with Disabilities and Their Advocates • When requesting a reasonable accommodation, identify your impairment, limitations, requested accommodations. • Submit accommodation requests in writing. Document all interactions regarding accommodation request. • Be far-reaching in exploring reasonable accommodation. For example, if you think unpaid leave would cause an undue hardship for your employer, examine part-time work or working from home. • If you feel that discrimination has occurred, seek a copy of your personnel file and contact an appropriate agency. Disability Rights Pennsylvania
40
20
7/31/2017
Filing Charges of Discrimination Unlike other lawsuits, you cannot go directly to court to challenge employment discrimination Must “exhaust” administrative remedies • Equal Employment Opportunity Commission - Must file within 300 days of discriminatory action • PA Human Relations Commission - Must file within 180 days of discriminatory action Do not need a lawyer Sometimes offered mediation Investigation Finding Notice of Right to Sue Disability Rights Pennsylvania
41
Disability Rights Pennsylvania (DRP) •DRP is an independent, nonprofit corporation under Section 501(c)(3) of the IRS tax code •DRP is designated by the Governor as Pennsylvania’s Protection and Advocacy System 42
21
7/31/2017
OUR MISSION
Disability Rights Pennsylvania protects and advocates for rights of people with disabilities so that they may live the lives they choose, free from abuse, neglect, discrimination, and segregation. VISION STATEMENT
A Commonwealth where people of all abilities are equal and free Disability Rights Pennsylvania
43
Contact Information Harrisburg Office 301 Chestnut St., Suite 300 Harrisburg, PA 17101 1-800-692-7443 [Voice] 1-877-375-7139 [TDD] (717) 236-8110 [Voice] (717) 236-0192 [Fax] [email protected] [Email]
Philadelphia Office The Philadelphia Building 1315 Walnut St., Suite 500 Philadelphia, PA 19107–4798 (215) 238-8070 [Voice] (215) 772-3126 [Fax] [email protected] [Email]
Pittsburgh Office 429 Fourth Avenue, Suite 701 Pittsburgh, PA 15219-1505 (412) 391-5225 [Voice] (412) 467-8940 [Fax] [email protected] [Email]
www.disabilityrightspa.org
Disability Rights Pennsylvania
44
22
