Disability-Related Training Mgrs Sups 21

This document serves as an accessible version of this course and is intended only for those individuals who require an accommodation for a disability. If you do not require an accommodation based on a disability, you must complete the web-based training through ESS > My Training to receive credit on your transcript.

Resources

There are several documents and websites referenced in this course:

Management Directive 205.25

Management Directive 410.10

Executive Order 2002-5

Executive Order 2016-04

ADA Website

Rehabilitation Act of 1973

Genetic Information Nondiscrimination Act

Pa Human Relations Comm - PHRA

External Request Form

Alt Accommodation Request Paper Form

Accommodation Request Instructions

EEO Website

EEO Officer list

Disability Services Coordinator list

ESS Website

1: Welcome

Welcome to Disability-Related Training for Managers and Supervisors. All commonwealth supervisors and employees classified as management are required to complete this version of the module. This module discusses the roles that management employees and supervisors play in ensuring equal employment opportunity for all employees and the responsibilities they share under commonwealth policies and civil rights laws. This training is intended as a broad overview of the protections from disability discrimination afforded to all employees, including those who are teleworking on a full-time, part-time, or ad hoc basis, and the obligations that the commonwealth has as an employer to ensure equal employment opportunity for individuals with disabilities.

2: Why is this Important?

Why is this topic important? Our commonwealth is a large and diverse employer. We want to have the best talent available so that we can offer the finest service to our citizens. The inclusion of individuals with disabilities in our ranks is the right thing to do and helps ensure a talented, diverse, and dedicated workforce. When barriers to equal employment opportunity for individuals with disabilities exist, we lose.

There are a large number of Pennsylvanians who have a disability. Nearly 21%, or 1.5 million people between the ages of 21 and 64, have a disability. This is equivalent to a city the size of Philadelphia.

As one of the largest employers in Pennsylvania, the commonwealth is committed to complying with laws and policies which ensure inclusion and equal employment opportunity for all employees, including those with disabilities. By leveraging the talents and abilities of all our employees, we can provide the best public service to the citizens we serve.

3: Objectives

Let’s go over the objectives of this training.

• First, we will provide an overview of commonwealth policies which prohibit discrimination against individuals with disabilities.
• Second, we will review important components of Management Directive 205.25, Disability-Related Employment Policy. This policy defines “disability” for the purposes of commonwealth workplaces. The policy also outlines the processes for requesting and providing reasonable accommodations for a disability.
• Next, we will examine the commonwealth’s policy regarding investigating and resolving internal complaints of discrimination based on disability pursuant to Management Directive 410.10, including an employee’s right to file an internal complaint.
• Finally, we will explain the role of managers and supervisors in ensuring equal employment opportunity for all employees.

4: Overview of the ADA

The Americans with Disabilities Act or ADA was signed into law in 1990 and is the primary federal law prohibiting discrimination based on disability. The ADA was amended in 2008. The amendment broadened the ADA’s protections, including those in Title I of the act which cover non-discrimination in employment. The intent of Title I of the ADA is to enable individuals with disabilities to enjoy the same terms, conditions, and benefits as individuals without disabilities in all aspects of employment.

5: Further Protection from Discrimination

In addition to the ADA, there are other federal and state statutes that also prohibit discrimination on the basis of disability:

• Section 504 of the Rehabilitation Act of 1973 is a federal law which prohibits any program or activity receiving federal financial assistance from excluding participation in, denying benefits to or discriminating against qualified individuals based solely on their disability.
• Genetic Information Non-Discrimination Act is a federal law which forbids discrimination on the basis of genetic information in employment. Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about the manifestation of a disease or a disorder in an individual’s family member’s history. Family medical history is included in the definition of genetic information because it is often used to determine whether someone has an increased risk of getting a disorder, or a disease, or a condition in the future.
• Pennsylvania Human Relations Act (PHRA) is the commonwealth’s law that prohibits discrimination in employment and public accommodations.

6: Commonwealth Policy

Let’s examine the commonwealth policies which protect employees from discrimination based on disability in a little more detail.

• Executive Order 2002-5, Disability-Related Policy ensures equal employment opportunity to individuals with disabilities. Under this Executive Order, individuals with disabilities are to be treated with respect and dignity and provided access to all commonwealth services, programs, activities, and employment opportunities.
• Management Directive 205.25, Disability-Related Employment Policy, assures equal employment opportunities for qualified applicants and employees with disabilities in all agencies under the Governor’s jurisdiction. The directive also provides guidance and procedures for implementing the Governor’s initiatives on employing individuals with disabilities and discusses the processes related to requests for reasonable accommodations, which will be discussed in more detail later in this training.
• Executive Order 2016-04, Equal Employment Opportunity, establishes commonwealth policy prohibiting discrimination based on numerous protected classes, including disability.
• Finally, Management Directive 410.10, Guidelines for Investigating and Resolving Internal Discrimination Complaints outlines the processes for filing, investigating and resolving internal discrimination complaints.

Commonwealth policy is written to comply with federal and state laws, including the ADA and the PHRA, which protect individuals with disabilities from discrimination.

7: Protections

These laws and policies extend protections to all employment practices and procedures including, but not limited to:

· Application

· Hiring

· Promotion

· Testing

· Medical examinations

· Layoff/recall

· Assignments

· Evaluation

· Compensation

· Discipline

· Leave

· Training

· Benefits

· Termination and

· All other aspects of employment

8: Disability Defined Under MD 205.25

Management Directive 205.25 applies to individuals who have a disability or a record of a disability, such as a physical or mental impairment from which they have recovered. Protections also extend to those who are regarded as having a disability, even if they do not currently have one. Under MD 205.25, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities.

9: Disability Defined | Physical Impairments

Physical impairments include any physiological condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body’s systems, including but not limited to:

· The five senses

· Neurological

· Respiratory

· Digestive

· Reproductive

· Elimination functions

· Musculoskeletal

· Cardiovascular

· Endocrine

· Lymphatic systems

10: Disability Defined | Mental Impairments

Mental impairments include any physiological or psychological disorder, including but not limited to:

· Intellectual disability

· Organic brain syndrome

· Emotional illness

· Mental illness

· Learning disabilities

11: Major Life Activities | Basic Functions

A major life activity is any basic function that the average person in the general population can perform with little or no difficulty including but not limited to: walking, speaking, breathing, sitting, hearing, seeing, eating, sleeping, learning, concentrating, communicating, standing, lifting, bending, performing manual tasks and caring for oneself.

12: Major Life Activities | Bodily Functions

Major life activities also include the operation of a major bodily function, such as the body’s immune, cognitive, digestive, neurological, respiratory, circulatory and endocrine systems, as well as elimination and reproductive functions. As an example, an impairment such as diabetes impairs the function of the body’s endocrine system.

It is important to note that an impairment that affects one of these bodily functions is a disability even if it is episodic or in remission, as the conditions would substantially limit a major life activity when active. For example, an individual with cancer which is currently in remission is still protected under federal and state laws and commonwealth policy.

13: Reasonable Accommodation

Thus far, we’ve given an overview of the ADA, defined disability under MD 205.25 and have talked about major life activities. Next, let’s discuss reasonable workplace accommodations. Like any other employee, an individual with a disability must be qualified to do the job, and must have the knowledge, skills, and ability to meet the job requirements of the position. An employee must be able to perform the essential functions of the job with or without a reasonable accommodation. A reasonable accommodation is a modification or an adjustment to the job and/or the work environment, which enables the employee with a disability to perform those essential job functions and enjoy equal benefits and privileges of employment as other employees without disabilities.

14: Reasonable Accommodation | Examples

There are many examples of reasonable accommodations, including but not limited to:

• Modifying existing equipment or facilities for ease of accessibility. This could include: accessible entrances, ramps, wider aisles, Braille signs, ergonomic workstations, or voice recognition software.
• Restructuring the job, which means removing, revising, or reassigning non-essential duties of the job, not the essential job functions.
• Modifying changes to work schedules.
• Finally, if no other types of reasonable accommodation enable the employee to perform the essential functions of their current position, reassignment to a vacant position for which the employee is qualified may be an option.
• Reassignment is only considered as a last resort when no other accommodations enable the employee to perform the essential functions of their current position.

15: Must Accommodate Unless

An employer does not have to provide an accommodation that would pose an undue hardship for the employer. “Undue hardship” means significant difficulty or expense and focuses on the resources and circumstances of the employer in relationship to the cost or difficulty of providing a specific accommodation. Determinations of undue hardship must be made on a case-by-case basis. Because of commonwealth resources, it is very difficult for agencies to use cost as a rationale for denying an accommodation request. If a requested accommodation is an undue hardship, consider alternative accommodations by engaging in the interactive process.

16: Must Accommodate Unless - continued

Additionally, an employer need not provide an accommodation if it would pose a direct threat, defined as a significant risk to the health or safety of the employee or others which cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services. A direct threat cannot be speculative. A determination of a direct threat must be based on an individualized assessment of an individual’s present ability to safely perform the essential functions of the job. This assessment must rely on the most current medical or best available objective evidence, to determine the nature, duration and severity of the risk. An employer must also consider whether reasonable modifications of policies, practices, or procedures will mitigate that risk.

17: What is Your Role?

As a manager or supervisor, you may find yourself asking, “So, what is my role in all of this? Why do I need to know this information?”

As a manager or supervisor, your role is crucial. You may participate on job interview panels. You may supervise and evaluate employees. You monitor your workforce to ensure that the work is getting done. You should also ensure equal employment opportunity for all employees, including those with disabilities. Your employees may come to you for assistance, and this may include requests for reasonable accommodation. Because you are involved in a number of employment-related decisions, you need to know and understand the basics of the commonwealth’s responsibility as an employer as well as the definitions and concepts of disability, reasonable accommodation, and discrimination.

18: Employment Decisions

Your overall role is to ensure that any decision you make is in compliance with federal and state laws, commonwealth policy, and agency policies. The following slides will examine specific ways in which managers or supervisors can ensure equal employment opportunity for individuals with disabilities.

19: Steps to a Reasonable Accommodation

Managers and supervisors may be involved in the reasonable accommodation process. MD 205.25 outlines the reasonable accommodation process.

• First, an employee may come to you and request a reasonable accommodation.
• Requests may be verbal or in writing.
• The employee does not have to use “magic” language such as, “I need an accommodation.” Many employees may not know or use that phrase and as a manager or supervisor, you might be the first person an employee comes to for help.
• Generally, it is the responsibility of the individual with a disability to request an accommodation, unless the need for accommodation is known or obvious. For example, if an employee is blind and works with a computer, it is obvious that specialized software may be required.

20: Steps to a Reasonable Accommodation - continued

• If an employee asks for assistance, the manager or supervisor can direct the employee to the Employee Self Service website at www.myworkplace.pa.gov.
• The employee will click on the tab labeled, “Personal” and then click on the tile titled, “Create Accommodation/Religious Request” to complete and submit an online form.
• If the employee cannot access ESS or the requester is an applicant or a non-commonwealth employee, the manager or supervisor can direct the individual to the External Request for Accommodation form to submit their request. A link can be found in the Resources section of this document.
• There is also a paper form available to employees requesting a reasonable accommodation on the EEO website. The employee can then send their form to the agency’s Disability Services Coordinator (DSC).
• The list of agency DSC’s can also be found on the EEO website, www.oa.pa.gov/Programs/eeo and can be downloaded as an Excel spreadsheet with contact information.
• When the accommodation request is submitted through ESS, the link on the website, or via the paper form, it will be referred to the agency’s assigned DSC for review.

21: Requesting a Reasonable Accommodation

On the ESS website, under the “Personal” tab employees will find the tile, “Create Accommodation/Religious Request.” This is where an employee will click to enter information on a reasonable accommodation. You will note that this tile may be also used to submit requests for religious accommodations. The instructions for an employee requesting a reasonable accommodation are included as a document in the resources section of CoPA Custom Help and a link is provided in the Resources section of this document. Let’s work on a scenario on the following slide about how a manager or supervisor should handle this request.

22: Is this a Request?

As a manager or supervisor, you are the person to whom an employee will come to answer questions or to seek assistance. Sometimes these may be requests for reasonable accommodation. Here’s a brief scenario to test our knowledge of whether this is a request for a reasonable accommodation:

An employee in Agency A goes to the supervisor and asks for an ergonomic chair, explaining it is needed for chronic back pain. Please take a moment to consider how the supervisor should respond.

1. The supervisor should ignore the request because the employee complains all the time.
2. The supervisor should refuse the request and tell the employee that everyone gets the same office furniture, and that no one gets “special treatment.”
3. The supervisor should refer the employee to ESS or the agency’s Disability Services Coordinator (DSC).

If your determination was “C” – to refer the employee to ESS or the agency’s DSC to submit a request, that is correct! As a manager or supervisor, you do not want to ignore the request, as in answer “A”, or outright refuse it, as in answer “B.” The request is the first step of the process. As a manager or supervisor, you are key to ensuring that the request is forwarded to the agency’s DSC so that it can be properly addressed.

23: Is this a Request? - continued

The DSC will review the request and determine if medical documentation or additional information is needed to make a determination on the employee’s accommodation request.

The DSC will engage in the interactive process. “Interactive process” is a term that simply means “active communication” between the employer, usually through the DSC, and the employee. Through the interactive process, the DSC will be better able to determine effective accommodations that will enable the employee to perform the essential functions of the job without creating an undue hardship for the agency or posing a direct threat to the employee or others.

24: Hiring and Selection

In addition to the reasonable accommodation process, managers and supervisors may also be involved in the hiring process. MD 205.25 also prohibits disability discrimination in the hiring and selection process.

• Any pre-employment inquiries about the existence of disabilities, whether in an application, a test, an interview or a pre-employment medical exam is prohibited. All persons who are selected for an interview for any position also must be notified of their right to request an accommodation prior to the interview.
• During interviews, interviewers may not ask questions related to disability. However, interviewers may ask all candidates if they can perform the essential functions of the job with or without a reasonable accommodation. It is suggested that this question be asked near the end of the interview.
• When checking references, agencies may not make any inquiries about disabilities. For instance, prospective employers may not ask about an employee’s use of sick days, but they may ask about an employee’s attendance generally without inquiring about specific disabilities.
• Finally, a limited number of commonwealth agencies may require medical examinations for successful candidates in certain positions. Such exams can only be given after a conditional job offer is made, provided that all candidates are required to take this exam.

25: Discrimination Prohibited

While we have reviewed protections under Management Directive 205.25, we also want to examine additional protections that employees have from discrimination. Discrimination is unequal treatment based on membership in a class protected by law or commonwealth policy.

• Executive Order 2016-04 prohibits discrimination based on the protected classes: race, color, religious creed, ancestry, age, sex, sexual orientation, gender identity or expression, national origin, union membership, AIDS or HIV status and disability.
• Under Management Directive 410.10, employees who believe they are being discriminated against have the right to file an internal complaint within 90 days of the alleged act of discrimination.
• Each agency has an EEO Officer designated to receive and investigate discrimination complaints. A listing of agency EEO Officers, along with contact information, can be found on the OA website, www.oa.pa.gov/Programs/eeo.
• Finally, retaliation against any employee, who has either filed a complaint of discrimination or who has requested a reasonable accommodation, is explicitly prohibited under MD 205.25 and MD 410.10. If you believe you have been retaliated against for any reason, please contact your agency’s EEO Officer.

26: Ensuring Equal Employment Opportunity

Disability-related laws and policies are designed to ensure that individuals with disabilities enjoy equal employment opportunities. As managers and supervisors, you have an important role in making this happen. Some ways that managers/supervisors can do this include: recognizing requests for reasonable accommodation, even if they aren’t in writing or don’t use “magic language;” knowing the procedures to follow if an employee requests or obviously needs an accommodation; keeping medical information confidential; ensuring that equal employment opportunity is provided to all candidates through the application and hiring processes; and treating all employees in a uniform, non-discriminatory manner.

27: Equal Employment Opportunity

As a large employer and a provider of services to the public, the commonwealth is committed to providing equal employment opportunity for all employees. We want our workforce to be aware of the protections they have from discrimination under commonwealth policies, and to know how to request a reasonable accommodation or file a complaint if necessary.

28: Summary

In summary, we provided an overview of commonwealth policies that protect individuals with disabilities from discrimination:

• Executive Order 2002-5 Disability Related Policy
• Management Directive 205.25 Disability-Related Employment Policy
• Executive Order 2016-04 Equal Employment Opportunity
• Management Directive 410.10 Guidelines for Investigating and Resolving Internal Discrimination Complaints
• Additionally, we reviewed MD 205.25 and explained the definition of disability and the process for requesting and providing reasonable accommodations.
• We also examined the commonwealth policy, MD 410.10 which provides an avenue for employees to file internal complaints.
• Finally, we explained the role of managers and supervisors in ensuring equal employment opportunity.

29: Thank You!

Thank you for your participation in this training. Should you have any questions, please contact the Office of Administration, Office of Equal Employment Opportunity at 717-783-1130.

This document serves as an accessible version of this course and is intended only for those individuals who require an accommodation for a disability. If you do not require an accommodation based on a disability, you must complete the web-based training through ESS > My Training to receive credit on your transcript.

For individuals who do require an accommodation for a disability: Thank you, once you have fully reviewed the information in this training, reach out to your Training Officer to request credit for completing this course. You will not receive credit for completing this course until you do so.