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EEOC meant it when they said they are taking a hard look at employer inflexible and terminal leave policies. It cost Pepsi Bottling Group, Inc. $120,000 when the company fired an employee for violating its attendance policy. This employee had worked for Pepsi since October 1996 and was promoted to driver in December 1999.

Despite following proper procedure to inform his supervisor and the company that he could not finish his route due to his disability and needed to take medical leave, Pepsi stuck by its policy rather than consider whether this medical leave was a reasonable accommodation. Medical leave is a widely recognized accommodation and in this case, EEOC said this accommodation could have easily been granted, avoiding the loss of a valuable and experienced employee.

This is another reminder that employers should review all leave policies and make sure there is built-in flexibility when leave is needed as a form of reasonable accommodation. So far, every EEOC agreement requires that employers implement training on anti-discrimination laws, post a notice at the work site, & implement other preventive measures based on the situation. Now’s the time to be proactive. Studies show that reasonable accommodations are frequently no- or low-cost, with the added benefit of improving productivity and morale, reducing turnover and building a diverse and loyal work force. Don’t risk losing a valuable employee while incurring needless costs associated with litigation.

Shelley

This information should not be construed as “legal advice” for a particular set of facts or circumstances.  It is intended only to be a practical guide for participants familiar with this subject.  Users should seek appropriate legal advice tailored to address their specific situation.

The ADA covers all employment related activities, and says that it’s unlawful to discriminate in activities such as, but not limited to, recruitment, pay, hiring/firing, promotion, training, leave, and benefits. What if one of these employee benefits is access to legal assistance? Does that present any issues that employers need to be aware of? Yes. In Florida, an individual who is deaf and eligible to receive legal assistance as an employee benefit, complained that three law firms on the employer’s referral list refused to provide a sign language interpreter when she was scheduling appointments with them.

Do your homework to make sure the resources on your company’s referral lists understand their ADA obligations and are prepared to meet them. This situation was a real one that was mediated by the Department Of Justice. In this particular situation, the 3 law firms on the company’s referral list agreed to adopt policies to provide qualified interpreters and arranged with this Florida employer, the source of the referral, to inform them when potential clients need accommodations.

Nadine

This information should not be construed as “legal advice” for a particular set of facts or circumstances.  It is intended only to be a practical guide for participants familiar with this subject.  Users should seek appropriate legal advice tailored to address their specific situation.

I’ve blogged about the importance of making sure your electronic communications are accessible. This is important in recruiting, hiring, training and retaining an inclusive workforce that includes qualified workers with disabilities. Now, Ticketmaster, the global event ticketing leader and one of the world’s top five eCommerce sites, will make its website fully accessible to users who are blind who use screen access technology. Screen access technology converts what is on the computer screen into synthesized speech or Braille.

I’ve also blogged about the importance of forming collaborations & partnerships with the community. Dr. Marc Maurer, President of the National Federation of the Blind, said: “Partnering with the National Federation of the Blind enables us to address the needs of our blind fans, so that they can have the same positive experience when purchasing tickets for their favorite artists’ performance or any live event. We are committed to working with NFB to enhance the Ticketmaster website so that it’s accessible and usable by all of our fans out there.”

Of course having your website accessible is one thing but often customers will place calls to your Call Center with questions or for additional info. Your CSRs are the “face” of your company. Make sure your CSRs (Customer Service Reps) are trained on disability etiquette and awareness…something that Springboard does well and is quite well known for.

By December 31, 2011, Ticketmaster will develop a comprehensive accessibility program that will include the development of an accessibility guidelines manual, as well as the appointment of both an accessibility coordinator and an accessibility committee.

Now is a good time for all companies to review their website and take steps to make sure it’s accessible to & usable by all people, including those who use assistive technology such as Jaws (that reads info on the screen for people who are blind or have intellectual disabilities) or Zoomtext (that enlarges the font size for people who have low vision).

Shelley

This information should not be construed as “legal advice” for a particular set of facts or circumstances.  It is intended only to be a practical guide for participants familiar with this subject.  Users should seek appropriate legal advice tailored to address their specific situation.

People with disabilities can work and want to work & we continually hear that workers with disabilities meet or exceed the job performance of co-workers without disabilities. Yet, the unemployment / under employment rate and low labor force participation rate of people with disabilities remains persistently low. Why is our nation deprived of a valuable pool of talent? Increasing the employment of people with disabilities produces significant benefits to the economy, the nation, and people with disabilities themselves.  At the recent 2011 Disability Matters conference, one corporate panel member said, “This is just plain stupid!”

Using a case study approach Rutgers University conducted research on employer and market- driven initiatives to recruit, hire, train, and retain people with disabilities. They selected 13 diverse examples from around the nation of partnerships to identify successful elements of these strategies and offer lessons that can be learned by employers and employer organizations, workforce development and disability service organizations, and federal, state, and local policymakers. While each partnership has its own distinctive qualities, researchers found several overall themes:

• Employers respond to a business case for employing people with disabilities. Employers believe that people with disabilities who possess the skills needed for the job add value to the employer and positively affect the “bottom line.”
• Innovative collaborations with and between workforce-supplying organizations enable employer efforts to recruit, hire, train, and support employees with disabilities. Employers do not want to have to maintain relationships with many varied workforce- supplying organizations — they find it daunting to learn the intricacies of the workforce and disability service worlds. Accordingly, they prefer a single point of contact to coordinate needed assistance and supports they require to recruit and hire.
• Collaborations ensure that workers are qualified and productive. Needed supports and accommodations are provided to enable employees to be successful once on the job.
• Successful collaborations nurture and reward continuous leadership.

These findings reflect the conversations during the 2011 Disability Matters conference. With the recent announcement of the 2011 theme for National Disability Awareness month announced–Profit by Investing in Workers with Disabilities–now is the perfect time to begin thinking about how you will take steps to get your company ready to recruit, hire, train, and retain an inclusive workforce that includes qualified workers with disabilities. You can start by:

1. Increasing interactions with people with disabilities. Successful experiences with qualified workers with disabilities increase the employer’s willingness to expand employment opportunities.
2. Talking with other companies. Employers tend to listen to each other; business-to-business marketing of the value of employing people with disabilities is most powerful.
3. Forming partnerships with disability service providers in your community. In some cases, intermediaries can organize and coordinate supports and provide technical assistance on workforce issues, including disability-specific issues.
4. Offering internships & monitorships, encouraging hands-on guidance and work experience, and providing opportunities for workers to earn credentials and degrees for career advancement, helps to ensure workers with disabilities are qualified and productive.
5. Becoming a leader to develop, coordinate, nurture, and manage collaboration.
6. ATTENDING the 2012 DISABILITY MATTERS AWARDS BANQUET & CONFERENCE to be held April 18-19th in Newark, NJ at Prudential’s headquarters. Call 973-813-7260 today to learn more.

Shelley

This information should not be construed as “legal advice” for a particular set of facts or circumstances.  It is intended only to be a practical guide for participants familiar with this subject.  Users should seek appropriate legal advice tailored to address their specific situation.

Do you recruit potential applicants electronically via the Internet or kiosks at various locations?

Increased use of the Internet or other electronic technologies may enhance convenience for employers and applicants alike, but the rights of individuals with disabilities may not be violated in the process. Forms that require filling in information in boxes commonly seen in websites or kiosks may not provide equal access to all people. Often these electronic forms are problematic for people who are blind or have an intellectual disability. This population is often uniquely disadvantaged because the forms are not designed with accessibility and usability in mind and alternate ways to complete them are not routinely provided.

Employers, who use electronic technologies to recruit applicants, should take steps to ensure that their online application website is fully accessible to individuals who use screen readers. Have your website tested by someone who is blind. If your website is not usable, then it helps to notify potential applicants of a process they may use to apply until your electronic application process has been made fully accessible. Be specific. The notice may state that you currently provide telephone assistance free of charge to individuals completing applications. It’s also helpful to post current policies of non-discrimination on the basis of disability on your application website.

Shelley

This information should not be construed as “legal advice” for a particular set of facts or circumstances.  It is intended only to be a practical guide for participants familiar with this subject.  Users should seek appropriate legal advice tailored to address their specific situation.