Questions & Answers about Persons with Intellectual Disabilities in the Workplace and the Americans with Disabilities Act (ADA)

http://goo.gl/V0Je2

 May an employer ask a job applicant whether she has an intellectual disability before making a job offer?

No. An employer may not ask questions about an applicant's medical condition or require an applicant to have a medical examination before it makes a conditional job offer. This means that an employer cannot legally ask an applicant questions such as:

  • whether she has taken any classes designated for "special education" or "special needs" students; or
  • whether any of her school records indicate that she has mental retardation or an intellectual disability.

Of course, an employer may ask questions pertaining to the qualifications for, or performance of, the job, such as:

  • whether the applicant can read;
  • whether the applicant can put files in alphabetical order; or
  • whether the applicant can place items in numerical order.

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What Are the JAN Consultants Reading?

http://goo.gl/3unPa

Maybe it’s because my youngest is graduating from high school this month and will be off to college soon, but I’ve been reading a good bit about the aging workforce. One very interesting piece was recently released by ODEP’s NTAR Leadership Center entitledThe Aging Workforce: The Role of Medical Professionals in Helping Older Workers and Workers with Disabilities to Stay at Work or Return to Work and Remain Employed by Maria Heidkamp and Jennifer Christain, MD, MPH. The report was the outgrowth of a one-day roundtable event in 2012 — convened to explore the relationship among, “medical professionals, employers, and the public workforce and vocational rehabilitation systems in terms of their current and desired roles in preventing work disability, with ‘disability’ in this context defined as the absence from work due to a medical condition.”

Expanding the Financial Capability of Persons with Disabilities-Webinar archive

This is a page of archived webinars-The titled one is the most recent.

http://goo.gl/6ZwgJ

Throughout the United States there has been a shift in terms that we use for programs that assist an individual advance up the economic ladder. Have you wondered - do I have a financial education program, a financial literacy program or a financial capability program? If you have asked yourself this question – you are not alone.

Join us and our partners from Bank of America and the Center for Financial Services Innovation as we explore each of these terms and how they relate to one another.

This webinar will also highlight innovative programs designed to promote the financial capability of individuals. Attendees will also learn about new tools to further expand the financial capability of persons with disabilities.


$240 million awarded in 'landmark' Atalissa workers case

http://goo.gl/l9kzS

The Atalissa workers case is changing federal wage laws, one national expert said, calling the case “landmark” in shedding light on the treatment of the mentally disabled.

Sue A. Gant, an expert in the care and treatment of people with intellectual and developmental disabilities, called Wednesday’s verdict “extraordinary” and said changes are already happening at the federal level in light of the case.

The U.S. Department of Justice, Civil Rights Division and the Center for Public Representation have launched investigations into ADA complaints regarding how mentally disabled workers are paid, Gant said.

For instance, prior to this case, companies could hire mentally disabled workers for less than minimum wage if they could prove the worker was in some sort of “training program.” The U.S. Department of Labor is revisiting the waiver due to the Atalissa case, she said.

My Story | Disability.gov

My name is Jennifer Lynn Unrein.  I am 23 years old and I have Williams Syndrome. I like to draw and I am very thankful to have my art business.  I like to work as a team together with my stepmom, Wendi Unrein.  I have been doing this business for more than four years.  I like making a difference in peoples’ lives. 

I always liked to draw pictures on cards for my family and for special people in my life. My mom and I came up with the idea of making artwork together to donate to fundraisers.  We showed it to my transition coordinator at Washburn Rural High School in Topeka, KS, and she showed it to my teachers and they bought my artwork.  We decided to also sell cards and t-shirts, too.  My transition coordinator told us about a special grant that the Kansas Council on Developmental Disabilities was offering to people like me who wanted to start a business. 

Introducing the Center on Economic Growth Advisory Panel — World Institute on Disability

Central to the organization of the Center on Economic Growth is the establishment of an Advisory Panel comprised of leaders who are known experts in their respective fields related to economics, economic development, disability benefits, employment and labor issues, business, employment preparation including vocational rehabilitation, academic resources, job training, financial planning, and barriers to social and economic participation by people with disabilities.

These individuals will serve for an initial one-year period as the core of the Center; their names lending credibility to the Center’s work and their knowledge directing and shaping outcomes by:

  • serving as a thought incubator and sounding board for Center staff on modernizing concepts surrounding economic growth for people with disabilities;
  • considering the need for research and pilot recommendations required to determine the validity of existing values, government programs, employer practices and their impact on people with disabilities;
  • reviewing and guiding the wide dissemination of final recommendations generated during the planning process;
  • leading change by suggesting actions on new policy ideas or by promoting already existing concepts that heretofore have not found paths to implementation; and,
  • guiding the funding process by making connections with potential funders.
via wid.org

Class Action Lawsuit Seeks an End to Segregated Sheltered Workshops — Disability Rights Oregon

The lawsuit, filed in U.S. District Court, charges state officials with violating the Americans with Disabilities Act and the Rehabilitation Act by confining individuals with disabilities to segregated settings where they have little – if any – interaction with non-disabled peers.  Moreover, they are paid far below the state’s minimum wage of $8.80 for doing rote tasks that offer no training, no skills, and no advancement.

For more than a decade, lead plaintiff Paula Lane, 48, has had the same request: “Find me an outside job.”  Instead, she and 137 other people with disabilities package gloves or put parts into boxes on assembly lines in a noisy and crowded sheltered workshop in Beaverton.  Despite her request for competitive employment and her high performance scores, her individualized service plan has no goals related to employment.  She lives in an apartment with staff support, and would like to go to a country music concert or attend an Upward Bound camp, but her resources are limited.  Over a 12-month period in 2010-11, she made a high of 66 cents an hour.

Think Beyond The Label's Hire Wire

Happy New Year from all of us at Think Beyond the Label! We know that employees with disabilities bring unique, competitively relevant knowledge and perspectives to the workplace. In 2012, we're more committed than ever to raising awareness that hiring people with disabilities makes good business sense, and to becoming a national connector between businesses looking to hire and job seekers with disabilities looking for work. Whether you're searching for a job, are ready to hire, or just want to learn more about hiring people with disabilities, Think Beyond the Label can help. What are your goals this year? We'd love to know .

The Nonprofit Quarterly | @npquarterly | Suit: Sheltered Workshops Violate Rights of People with Disabilities

In a first-of-its-kind class-action case filed in federal court, the Oregon chapter of the Cerebral Palsy Association and eight individuals with intellectual and developmental disabilities claimed that sheltered workshops violate protections against discrimination under the federal Americans with Disabilities Act and the Rehabilitation Act. The suit charges that the workshops unnecessarily segregate the plaintiffs in work environments where they are paid less than minimum wage. The suit also claims that the workshops perpetuate a stereotype about the inability of people with disabilities to function in mainstream work environments.

Project Search readies disabled for work

Project Search Program kicked off at Delta College last March and is continuing to gain momentum, though it is seeking more students to fill open jobs.

“It’s a wonderful program and I am fortunate to work with it, regarding finding students with disabilities jobs,” said Nick Meyers, a program official.

But there are more opportunities than students at this point for the Delta chapter of the national program which aims to match disabled would-be employees with work.

The program started with founder Erin Riehel, director for the Emergency Department at Cincinnati Children’s Hospital Medical Center.