Maximizing Your Employment Strategies

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Introduction Patrick Robinson

Executive Director

Alabama Institute School for the Deaf and Blind

Employment is a challenge for every deaf and hard of hearing person in the USA today. Although we have legal rights to be hired and to be provided with reasonable accommodations in the workplace, too many companies are not hiring deaf and hard of hearing individuals for available jobs. This workshop will explore tips and ideas on how to get your foot in the door and navigate the system to get the jobs that you want. Join this workshop and join the workforce!

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Know Your Employment Rights and Responsibilities


Overview

Employment Rights Reasonable Accommodation Effective Communication Before & After Job Offer Rules Prohibited Discriminatory Practices Know the True Stories U.S. Equal Employment Opportunity Commission Filing a Charge of Discrimination


Know the ADA Americans with Disabilities Act of 1990, as Amended ADA is a federal civil rights law that prohibits discrimination

on the basis of disability and guarantees equal opportunity for people with disabilities including deaf and hard-of-hearing people in employment, transportation, public accommodation, telecommunications, and governmental activities.

ADA Titles: ! Title I Employment ! Title II State & Local Governments (& Public Transportation) ! Title III Public Accommodations ! Title IV Telecommunications ! Title V Miscellaneous Provisions


Know the Employment Laws Title I of the ADA states private employers, state and

local governments, employment agencies, and labor unions are prohibited from discriminating against qualified individuals with disabilities including individuals who are deaf and hard-of-hearing. (Covers employer with 15 or more employees).

Section 501 of the Rehabilitation Act of 1973 requires the federal government to practice affirmative action to hire and to promote employees with a disability, including individuals who are deaf and hard of hearing.

Federal employees and applicants are covered by the Rehabilitation Act of 1973, instead of the ADA. The protections are mostly the same.

States Anti-Discrimination Laws Some of these state laws may apply to smaller employers and provide protections in addition to those available under the ADA (Some covers employer with one or more employees).


Know Your Rights Deaf and hard-of-hearing individuals who are

job seekers, newly hired employees or are currently employed should be familiar with the provisions of the Title I of the ADA.

Employment Rights under the Title I of ADA ! Job Application ! Recruitment, Hiring & Firing ! Job Training ! Pay, Compensations & Promotions ! Benefits ! Leave & Lay-off

! Right to be Free from Harassment ! Protects Your Asserting Rights under the ADA ! Right to Request Reasonable Accommodation


Know the Reasonable Accommodation What is Reasonable Accommodation? ! A reasonable accommodation is a modification or adjustment

to a job or the work environment so the way things are customarily done would allow you to apply for a job, perform job functions or enjoy an equal opportunity in the workplace.

ADA requires reasonable accommodation to: ! Ensure equal opportunity in the application process ! Enable an employee to perform an essential function of a job ! Allow an employee to enjoy equal benefits and privileges of employment

Examples of reasonable accommodations for the Deaf and hard of hearing:

! Sign language interpreters ! VP/VRS, TTY, VCO, Captioned Phones ! Flashing lights for Smoke Alarms

Source: National Association of the Deaf


Know the Reasonable Accommodation

What should I do if I think I might need a reasonable accommodation? !You have to request one. Any time during the application process or any time before or after you start working.

How do I request a reasonable accommodation? !You simply let your employer know you need reasonable accommodation (sign language interpreter) because you are deaf or hard of hearing

What happens after I make a request for a reasonable accommodation? !Employer may discuss available options with you. If you are obviously deaf or hard of hearing, an accommodation should be provided immediately.


Know the Effective Communication

Qualified Interpreter U.S. Department of Justice defines a qualified interpreter as one who can interpret effectively, accurately, and impartially both receptively and expressively, using any necessary specialized vocabulary.

It is your responsibility to contact the employer and request the specific reasonable accommodation and follow up with the specific type of sign language interpreter arranged for your job interview or in the workplaces meetings, trainings, etc.


Prohibited Discriminatory Practices ADA prohibits employment policies and/or practices:

Harassment on the basis of disability (deaf & hard of hearing)

Retaliation against you for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices

Employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain disability (deaf & hard of hearing).

Denying employment opportunities to you because of your marriage to, or association with, an individual with a disability (deaf & hard of hearing)

Refused to hire you as a prospective deaf or hard-of-hearing employee qualified for position

Discriminating against you as a deaf or hard-of-hearing employee in providing job training in order to qualify for assignments or positions

Failed to provide you reasonable accommodation


Appropriate or Inappropriate

During Job Interview or Written Application Questions

! Have you ever taken test to confirm you are deaf? ! Inappropriate

! I have a Deaf friend, she can lip-read. Why cant you? ! Inappropriate

! Can you describe or demonstrate how would you communicate with hearing staff & customers?

! Appropriate


Appropriate or Inappropriate

During Job Interview or Written Application Questions

! Do you use hearing aid or have you done so in the past? ! Inappropriate

! Did you become deaf due to on-the-job-accident or injury? ! Inappropriate

! Do you need interpreter for your communication with hearing staff at all times?

! Appropriate (not appropriate on written application)


Appropriate or Inappropriate During Job Interview or Written Application Questions

! Is your wife (or husband) deaf too? ! Inappropriate

! Can you demonstrate how do you plan to answer and receive phone calls to/from our customers?

! Appropriate (not appropriate on written application)

! How many sick days did you use last year? ! Inappropriate


Job Interview Questions What type of question is an interviewer allowed to ask? ! An employer may ask you whether you can perform the

job-related functions, as long as they dont phrase the questions in terms of the disability.

What should I do if an interviewer asks me unlawful questions about my disability?

! No easy answer. If your main goal is to pursue the job, you may choose to refuse to answer a question. If your main goal is to get the employer to change the illegal interview process, then you can file a complaint with the EEOC or state or local human rights agencies

What should I do if I encounter an illegal question on a written job application?

! You may leave the question blank or ask if you can take the application to fill it out at home. If you are permitted to take the application home, you can show the application to the U.S. Equal Employment Opportunity Commission (EEOC), state or local human rights agencies, and ask them to fix the problem of the illegal question with the employer.


Know the Pre-Offer Job Rules

Under the ADA law, ! An employer may not ask disability-related questions and may not

conduct medical examinations until after they offer you a job.

But ! They may do so to evaluate whether you have the ability to perform

specific job functions

Medical Information ! Employer cannot ask you to take a medical examination

before you are offered a job ! Once offered a job, employer can ask you to take a medical

examination only if all entering employees for the same job have to take the examination too


Know the Pre-Offer Job Rules

Example Questions Employers Cannot Ask: ! Have you ever taken test to confirm you are deaf? ! Do you use hearing aid or have you done so in the past? ! Did you become deaf due to on-the-job-accident or injury?

Employers May Ask: ! Ask you to describe or demonstrate how would you

perform your job with or without accommodation ! Ask you if you need an sign language interpreter for the application

or hiring process (if its obvious to employer that you are Deaf) ! Ask you a disability questions it does not ask other applicants

when the employer could reasonably believe that as an applicant you will not be able to perform a job function because you are deaf

! Ask you whether and what type of reasonable accommodation do you need


Know the Post-Offer Job Rules

Employers may ! Ask you the questions that were prohibited to ask before

you are offered a job ! Ask for documentation showing you are deaf or hard of

hearing if not obvious (and for HR documentation purpose to secure interpreters & other accommodations)

! Ask you if you need an interpreter to perform the essential functions

Employer may withdraw job offer if ! They demonstrate you are unable to perform essential

functions with or without an accommodation

! They determine you would pose a direct threat to the health and safety of yourself and others


True or False

The ADA forces employers to hire unqualified individuals who is deaf or hard of hearing. False. Only need to hire the most qualified candidate.

May an employer ask applicants to describe or demonstrate how they would perform the job? True. As long as all applicants in the job category are asked to do this.

May an employer ask a particular applicant to describe or demonstrate how s/he would perform the job, if other applicants aren't asked to do this? True. If an employer could reasonably believe that an applicant will not be able to perform a job function because of a known disability or if applicant voluntarily disclosed that s/he has a hidden disability.


True or False

May an employer ask applicants whether they will need reasonable accommodation for the hiring process? True.

When there are several qualified applicants for a job and one is Deaf, the ADA requires the employer to hire that person. False.

May an employer ask applicants about their arrest or conviction records ? True. Arrest or conviction records are not likely to elicit information about disability.

May an employer ask applicants to "self-identify" as individuals with disabilities for purposes of the employer's affirmative action program? True. If employer is required by law to give hiring preference to individuals with disabilities.


Illustration of ADA Protection

YOU BOSS

CO-WORKER

Before ADA Protection



YOU BOSS

CO-WORKER

ADA Protection Lifts You To An Equal Height of Opportunity in the Workplace

ADA


Know the Employee Rights Notices

Under law, employers are required to post notices to all employees advising them of their rights under the laws EEOC enforces and their right to be free from retaliation.

Civil Rights Act of 1964 & 1991 (Title VII) Equal Pay Act of 1963 (EPA) Age Discrimination in Employment Act of 1967 (ADEA) Sections 501 & 505 of the Rehabilitation Act of 1973 Americans with Disabilities Act of 1990 (ADA) (Title I)

Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading.


Know the True Story #1

Bank of America Refused to Accommodate Deaf Worker September 25, 2013 Las Vegas, NV !EEOC slapped BoA with a discrimination lawsuit on behalf of a deaf former, Melchora Lee, employee who said she was fired as a result of the bank's refusal to accommodate her disability. !Lee was fired after her job performance gradually declined because of the bank's refusal to hire an American Sign Language translator to help her communicate with supervisors !BOA repeatedly denied Lee's requests, citing high costs, the EEOC claimed. Lee's job performance suffered as a result, and she was hit with several disciplinary actions before ultimately being terminated !Equal Employment Opportunity Commission v. Bank of America Corp. !Source: Law360.com



Toy R Us Sued for Refusing to Provide Accommodation or Hire Deaf Applicant March 19, 2013 Columbia, MD !Shakirra Thomas, who is deaf, applied for a team member position at the retailer's Columbia, Md., store in October 2011. Thomas communicates by using American Sign Language, reading lips and through written word. !Toy R Us contacted Thomas for a group interview. !Thomas' mother advised that Thomas was deaf and requested the company to provide an interpreter for the interview. !The retailer refused and said that if Thomas would have to provide her own interpreter, !Thomas's mother interpreted for her during a group interview, but the company refused to hire Thomas despite her qualifications for and ability to perform the team member position, with or without a reasonable accommodation !Source: EEOC.gov



Photography Studio Refused to Accommodate and Retaliated Against Deaf Photographer October 1, 2009 Denver, CO !Jessica Chrysler, who is deaf, was hired as a photographer in one of the companys studios in Littleton, Colorado. She repeatedly requested that she be provided with an American Sign Language interpreter to assist her at mandatory trainings and staff meetings. !The Picture People never discussed Chryslers requests for accommodation with her, except to inform her that the requests were denied. !Subsequently, managers picked on Chrysler, forced her to work in the back of the store away from the public, and ultimately, eliminated her work hours entirely. !Source: EEOC.gov



Justice Department Resolves Lawsuit Alleging Disability Discrimination by Ventura County, CA July 16, 2010 - Ventura County, CA !Ventura County, Calif., refused to hire a qualified applicant for a childrens social services position because she is deaf and required reasonable accommodations. !"The ADA prohibits employers from making hiring decisions based on unfounded assumptions about how a deaf employee will perform the job or about the costs involved in providing reasonable accommodations for a deaf employee," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. !Under the terms of the consent decree, Ventura County will train supervisory personnel involved in hiring and promotion decisions to ensure that qualified applicants and employees who are deaf will be provided reasonable accommodations, including sign language interpreters, where necessary to ensure equal employment opportunities. !Source: Department of Justice



Jury Awards $184,400 to Deaf Job Applicant November 2, 2010 - Dallas, TX A Dallas, TX jury awarded $184,400 to a deaf job applicant who was

refused a stock clerk position at Smith Personnel Solutions. ! According to EEOC, a screener for Smith refused to take the plaintiffs

application or to interview her, instead telling her through her interpreter that there were no openings. The screener also allegedly told her that she could be dangerous because she couldnt communicate. The plaintiff had 3 years of experience as a stock clerk without any history of communication problems, EEOC reported.

! The plaintiff wasnt asking for special treatment, just the chance to apply for a job, said EEOC Trial Attorney Joel Clark. Smith Personnels assumption that she couldnt work just because she is deaf is the type of mistaken assumption that can be prevented through training and education.

!Source: HR.BLR.com


U.S. Equal Employment Opportunity Commission

EEOC is the federal agency that enforces the laws against job discrimination and harassment.

EEOC investigates complaints of job discrimination based on race, color, religion, sex (including pregnancy), national origin or disability.

Takes action to stop the discrimination against employers violating laws and sue employers in court to fix the problems.

Processes 90,000+ job discrimination complaints per year and works with state and local agencies who investigate an additional 50,000 job discrimination complaints per year. That is 140,000 total discrimination complaints!

EEOC discrimination complaint services are free.


2013 Discrimination Statistics

*Source: EEOC Charge Statistics FY2013

Race 35.3%

Sex 29.5%

National Origin 11.4%

Age 22.8%

Disability 27.7%

Based on 93,727 total charges filed nationwide

Number of Discrimination Charges Filed in the United States


Filing a Charge of Discrimination

What should I do if I think that Im being discriminated against or my rights have been violated?

You should contact U.S. EEOC in person, mail or by phone. You must file a charge within 180 days of the alleged

discrimination. Some states allow 300 days.

Note: Federal employee or job application must file a charge within 45 days.

Theres no cost to file a charge. What information must be provided to file a charge?

Your name, address, and telephone number The name, address, and telephone number of the respondent

employer, employment agency, or union that is alleged to have discriminated you, and number of employees (or union members), if known

A short description of the alleged violation (the event that caused you to believe that your rights have been violated)

The date(s) of the alleged violation(s)


Filing a Charge of Discrimination

What happens after I file a charge with EEOC?

1) EEOC will first notifies your employer that a charge has been filed

" Successful " Settlement " No Investigation " Unsuccessful " Investigation & Court Process

3) If EEOC determined that you were discriminated against, it will attempt to settle the claim informally

4) If settlement is unsuccessfully, the EEOC will decide whether to bring a lawsuit on your behalf or

5) Issue you a letter giving you the notice-of-right-to-sue which allows you to file lawsuit in Federal or state court within 90 days.

2) Mediation


Federal Complaint Process

! If you are a federal employee or job applicant, you are protected from being discriminated under the Section 501 of the Rehabilitation Act of 1973.

! Each federal agency is required to post information about how to contact the agency's EEO Office.

! As a federal employee or job applicant, if you believe that a federal agency has discriminated against you, you have a right to file a complaint by contacting the agencys EEO Office where you work or where you applied for a job and ask to speak with an EEO Counselor within 45 days from the day the discrimination occurred.

! You are protected from retaliation if you: ! Oppose employment discrimination ! File a complaint of discrimination ! Participate in the EEO complaint process



YOU EMPLOYER ADA

Protection

EEOC Enforces ADA Laws

Comply ADA

Rights


Know Your Responsibilities

Should I tell my employer that Im deaf or hard-of-hearing? ! Depends. It is your responsibility as an applicant or employee to inform

the employer that an accommodation is needed.

Is an employer required to provide reasonable accommodation when I apply for a job (i.e. provide sign language interpreter for job interview)?

! Yes.

Do I have to pay for a needed reasonable accommodation (i.e., pay for sign language interpreter)?

! No way.

Can employer lower my salary or pay me less than other employees doing the same job because I need a sign language interpreter?

! Absolutely Not!



What should I do if I refuse to answer illegal interview questions and then dont get the position? !The employer has violated the law. You may want to consider filing an administrative complaint with the EEOC or a state or local human rights agency. If I apply for a job and I am not hired, how do I know if the employer has violated the law and discriminated against me because of my deafness? !There is no way to know for certain. This is especially true when an employer doesnt directly state that you werent hired because of your deafness or provides no reason at all for not hiring you.

Then, how can I prove that I wasnt hired because I am deaf or hard of hearing? !You must show that you are a person with a disability; you were qualified for the job; you were denied the job; and the job either remained open or was given to a person without a disability.



Can an employer refuse to hire me because he/she believes that it would be unsafe, because of my disability (deaf/hard-of-hearing), for me to work with certain machinery required to perform the essential functions of the job? !Depends on if a direct threat to the health or safety of workers can be provided.

Are Employers required to provide personal use items as part of reasonable accommodation? (i.e. pay for my hearing aids?) !Nope.

I think I was discriminated against because my wife (or relative) is deaf. Can I file a charge with the EEOC? !Definitely Yes.


Helpful Booklets

The ADA: Your Employment Rights as an Individual With a Disability http://www.eeoc.gov/facts/ada18.html

Facts About the Americans with Disabilities Act http://www.eeoc.gov/facts/fs-ada.html


Resources

Americans with Disabilities Act ADA Home Page www.ada.gov

Job Accommodation Network (JAN) Reasonable Accommodation www.jan.wvu.edu

U.S. Department of Justice Disability Rights Section www.justice.gov/crt/about/drs/

State by State Anti-Discrimination Laws www.wageproject.org/files/anti_discrimination_laws.php

U.S. Dept of Labor, Office of Disability Employment Policy www.dol.gov/odep

U.S. Equal Employment Opportunity Commission www.eeoc.gov

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