Myth #2 About the Americans with Disabilities Act - Story Synopsis
| A second concern and misunderstanding about the ADA is that it forces employers to hire an unqualified worker who has a disability.
click here to read more
|
Sam Sepah's Story
- How IBM makes its Workplace Accessible
for People with Disabilities
- Story Synopsis
|
Making
your Workplace Accessible:
What has IBM
done for People with Disabilities
By Sam Sepah, Human Resources Partner, IBM, and member of the GCEPD
Sam Sepah  | In
2008, I, as a profoundly deaf individual, was hired to become a Human Resources
Partner for the IBM Corporation in
Essex Junction, Vermont.
My responsibilities include working closely with IBM's
executive teams to proactively address business and personnel issues and serve
as a diversity representative for the Vermont HR Team to promote a more diverse
workforce at IBM's Vermont location.
Thus,
my story illustrates how IBM successfully creates an accessible workplace.
click here to read more
|
Upcoming Changes to the Americans with Disabilities Act
- Story Synopsis
|
On January 1, 2009, the Americans with Disabilities Amendment Act (ADAA) of 2008 went into effect. Congress passed this law to reinstate the broad scope of protection against discrimination which had been the intent of the original act when passed 20 years ago. Unfortunately, over the years, the courts had interpreted the definition of a disability under the ADA so narrowly that few individuals met the criteria for coverage.
Congress is now working on completing the final regulations which will guide compliance efforts. While we wait for these to be published, we wish to share with you the changes that have been made and are now in effect.
click here to read more
|
|
MORE ON Myth #2 About the Americans with Disabilities Act
|
A
common concern and misunderstanding about the ADA is that it forces
employers to hire an unqualified individual with a disability.
However, according to the
Job Accommodation Network
(JAN), a service of the U.S. Department of Labor's Office of Disability
Employment Policy, unqualified candidates are not protected under the ADA. To be protected
from discrimination
in hiring, an individual must first
meet all requirements for a job and be able
to perform its essential functions
with or without reasonable accommodations.
For more information on myths, and to get the real facts, here is one helpful website.
Back to top
|
MORE ON Sam Sepah's Story
and IBM's Practices for Workplace Accessibility
|
Making
your Workplace Accessible: What has IBM
done for People with Disabilities, cont'.d
By Sam Sepah, Human Resources
Partner, IBM, and member of the GCEPD
After
President George H. W. Bush signed the Americans with Disabilities Act (ADA)
into law on July 16, 1990, the American business community immediately wondered
what it means to make their workplace more accessible for employees with
disabilities. But beyond the pragmatic, employers also struggled to understand
the larger perspective of how the ADA
could benefit their business and why it should be a concern for them.
When
the ADA was
officially passed, IBM was already
a few steps ahead of what was required by law. In fact, IBM
has been supporting and innovating on behalf of people with disabilities for
many years, a practice that has become a part of the company's culture. IBM hired its first employee with a disability in
1914, 76 years before the Americans with Disabilities Act became law. Over the
years, IBM has continued to seek
out new ways to support the competitive productivity of people with
disabilities in the workplace by collaborating with local, national and
international universities, government agencies and advocacy organizations,
such as the National Business Disability Council.
Today,
two decades after the signing of the ADA,
IBM has received over 50 awards in
recognition of its exemplary efforts to create an inclusive workplace for
people with disabilities. In 2006, for example, the company was honored with
the Title IV of the ADA Telecommunications Award by NYC Mayor Michael
Bloomberg's Office for People with Disabilities for its commitment to
increasing the accessibility of information technology. More recently,
Diversity Inc selected IBM as the
#1 employer for people with disabilities.
Thus,
IBM has served as a role model to
other corporations for how to create a better workplace for disabled employees:
IBM strives to accept the
differences of others, create an accessible workplace for everyone, and make
sustained efforts to create a corporate culture that reflects the diverse
workforce of the 21st century.
Sam Sepah at IBM Headquarters  |
Familiarize
Yourself with the Differences of Others
As I
was brought on board at IBM, I was
immediately provided with two things that were key for communication and
effective job performance: a sign language interpreter and a videophone. To
smoothly communicate with management teams at various business meetings, my
sign language interpreter is used. The interpreters were hired by IBM through a contracting service. The
accommodation expense for hiring interpreters is covered by a central fund,
which is known as 'the cost recovery'. The cost of using an interpreter is
eventually charged back to the business unit, and is a win-win for the company,
because it does not directly impact the department's operating budget. Having
this separate fund allows hiring managers to keep cost issues out of their
decision-making when determining whether or not they should hire a candidate
with a disability. It also helps managers to focus on evaluating and managing
employees' performance without feeling burdened by paying their accommodation
needs. This practice applies to all kinds of accommodation tools that are
provided for disabled employees at IBM.
While
I am not able to hear a phone ring, I use assistive technology to assist in
communicating over the phone. Using a videophone (VP) device connected to the
internet, along with a video relay service (VRS) such as Sorenson VRS, allows IBM employees and managers to contact me directly
through a remote interpreter who translates the phone conversation on a video
screen. The VP equipment and VRS expenses are sponsored by a communication
vendor, such as Sorenson Communications, Inc, through the Federal
Communications Commission (FCC). Colleagues and managers that are in need of
contacting me immediately reach me through Lotus Sametime, an Instant Messaging
application that IBM provides for
most employees. Furthermore, something as simple as a dry-erase board also
helps to enhance my face-to-face communication with team members. My colleagues
in the human resources department at IBM
have naturally adjusted their communication methods while working with me and
other disabled employees.
Making
Everything Work for Everyone
I am
certainly not the only person with a disability working at IBM. People with disabilities working at IBM range anywhere from people with visual
impairments, to persons with physical disabilities and developmental
challenges. Creating an accessible
workplace for this diverse group of IBM
employees requires an ongoing commitment.
The company consistently checks
internal and external resources to ensure its workplace is suitable for a
diverse workforce. One such example is the design of IBM's
corporate website and use of software to be user-friendly for everyone. Also,
the facilities include ramps that are not only beneficial for employees with
mobility challenges, but also for mothers with strollers and people with
scooters. Moreover, to help employees work smoothly, IBM
works with external vendors to ensure that all business requirements, including
accessibility, are met and that necessary information or tools are already
available before the employees need to use them as part of their jobs. Another
example is establishing a lactation room to accommodate female employees. This
room can also be used by employees with diabetes who need to take a break to
take medications, which is an inexpensive and accommodating solution.
Understanding
the Needs of the Future and Thinking Differently
Today,
IBM believes that the impact of an
accessible workplace is much broader, creating new opportunities for business
to increase efficiency, boost productivity and reach out to the widest possible
range of employees, clients and prospects. IBM
strives to build a foundational philosophy: we accommodate for any employee,
regardless of whether they are disabled or not. We support our valued employees to succeed. The workplace accommodations
clearly benefit people with disabilities, mature people, and veterans. IBM believes that creating a culture that is
accepting and accessible for employees is a good business practice. Workers
with disabilities have the skills IBM
needs for business, while at the same time, its aging workforce-who have their
own accommodation requirements--is growing.
Accommodating
the workplace for employees is cost-effective. Accessible information
technology is cheaper and readily supports a variety of employees, both at home
and work. Having good accommodations in the workplace is attractive for anyone
who seeks employment at IBM and
enhances IBM's marketability to
prospective employees. IBM has
made their accommodations and accessibility for people with disabilities a
priority not just domestically but also in various international offices. In
doing so, IBM sends a powerful
message to clients, stakeholders, shareholders and community members about its
values in the workplace and the world.
Back to top
|
MORE ON the amendments to the Americans with Disabilities Act
| |
(The following information was taken from a publication by the Job Accommodation Network (JAN) as part of its Accommodation and Compliance Series.)
The basic 3-part definition of a disability remains the same. With respect to an individual, a disability means:
a) A physical or mental impairment that substantially limits one or more major life activities of such individual;
b) A record of such impairment; or
c) Being regarded as having such an impairment.
What has changed, however, is the meaning and application of some of the words within the definition, as follows:
1) The standard for whether an impairment "substantially limits" a major life activity is now lower than it was in the past. In other words, it is easier to prove that one is substantially limited by their impairment.
2) When considering whether a person's major life activity is substantially limited, one must disregard the beneficial effect of mitigating measures (except for ordinary eyeglasses and contact lenses) used by the individual. Such measures might include medication, medical supplies or equipment, prosthetics, hearing aids, assistive technology, etc.
For example, in the past the Supreme Court held that people with conditions such as diabetes, mental illness, and epilepsy who controlled their symptoms through medication and diet were not covered by the ADA. With the ADAA of 2008, this holding by the Supreme Court has been rejected.
3) When assessing whether a person is substantially limited in a major life activity, it is enough for just one activity to be limited. Furthermore, the scope of major life activities has been expanded to include bodily functions. In the past there was some debate as to whether a medical condition that only affected internal functions would be covered. Now, however, the amendments specifically state that bodily functions are indeed major life activities, so that conditions such as gastrointestinal disorders, cancer, sleep disorders, and heart disease that often only affect the internal bodily functions without showing any outward limitations can be considered "impairments that limit a major life activity".
4) When considering whether a person whose condition is episodic or in remission is substantially limited in a major life activity, we look to the individual's limitations when their condition is in an active state.
and finally,
5) The "regarded as" component of the definition of a disability is to be interpreted very broadly; it does not require that individuals actually be substantially limited in a major life activity; but it also does not include "transitory and minor" impairments.
Back to top
|
Seeking Members for the GCEPD
|
The GCEPD is looking for individuals interested in applying for membership on the GCEPD. Members are appointed by the Governor to a three-year term and are selected to represent one of three groups: 1) the various disability communities; 2) the business community; and 3) providers of services to individuals with a disability.
If you are interested in applying, or in learning more about membership on the GCEPD, please contact Melita DeBellis, Executive Coordinator of the GCEPD, at melita@GCEPD.org, or telephone 802-434-6600.
|
Congratulations to our Gift Basket Winner
| In May the GCEPD was an exhibitor at the Vermont Business & Industry Expo. Thanks to all of you who stopped by our booth, and a special congratulations to George Richard of SAFEGUARD, who won our raffled gift basket (provided courtesy of Green Mountain Coffee Roasters).
|
|
