FEBRUARY 21, 2006 VCU WEBCAST Captioning Provided By: Caption First, Inc. ***** >> PEGGY ANDERSON: Hi, everybody. I appreciate you taking time out of your busy schedule today to join us for what is a pretty darn important topic. When we are [assisting] people with disabilities get their independence through employment. Today we are going to look at the issue of disclosure [as it relates to people with disabilities]. They each have a little different spin. We are going to give you an opportunity to hear what those different spins are. We have a primary goal of helping you make decisions, and take some actions on those decisions with the consumers that you represent, when you visit with business and industry on behalf of [people with disabilities] seeking employment. There are going to be six things we want to look at today. We are going to start by looking at our topic, which is disclosure and discussion of disability with a sub heading, that is twofold. The first is a legally appropriate way to address disability and employment. The second is an effective way to disclose disability in job seeking activities. A little different spin on each. The six things we want to focus on as we go through this presentation would be first, to help you make the decision about whether or not you should disclose or advise your consumer to disclose. [* note – Providers should always leave disclosure decisions to the consumer.] The second is to decide if there are needs that need to be disclosed, how would you go about doing that? Particularly what would be some techniques for that dialogue? And what would be issues related to language and labels? We will look at that. The third area is folding the issue of disclosure related to accommodations into your dialogue when accommodations might be necessary. The fourth, what to do after there is disclosure. The fifth, preparing consumers for disclosure, if they will be handling that themselves. And finally we will give you suggestions about how to apply what you have learned as a result of this broadcast. With that said, let's look at our slides and see what we have to offer today. We are first looking at disclosure of disability in consideration of the Americans with Disabilities Act. The reason we are doing that is, as you know, many business have constraints now as to what they can ask when it relates to recruiting, hiring, retaining and promoting people with disabilities. In light of those mandates for business, that will flavor what you can and cannot disclose to them or what your consumers [should] discuss. First and foremost, is the issue of consumer confidentiality. Seeking permission from the candidate to disclose if you are representing them to a business is of utmost importance. On the issue of getting permission, I recommend that you certainly get it in writing, because sometimes people forget what they share with you, and second, it requires a little advance preparation on your part, because what you disclose will depend on the different work settings, and the different scenarios and abilities of your consumers. It's important to remember to only disclose what is needed, that will reflect the three bullets on the slide here. Whether or not your candidate for employment is qualified, or able to perform the essential functions of the job, according to the standards. Also, whether or not they would need accommodations, and what the justification for those needs might be. The third is safety in the workplace, particularly as it spins off of needs for disability. I would also add to this the ability to comply with policies, because sometimes the accommodations are needed. Remember that you don't need to tell everything about your consumer or you need to advise your consumers they don't need to tell everything. You must know the KSAs, knowledge, skills and abilities of the job or essential functions before you begin making decisions about disclosure. You must also know a little more about the job setting to take a look at the work environment, the entrance to and from the job, and so forth. Because again, you will be selecting pieces of information to share, based on that. You should know company policies that would be expected to be followed by your job candidate if they were hired in case accommodations are needed for those company policies. Here is an interesting thing. What you disclose may vary from job to job. If you think about why, it's because the tasks, the settings, or the policies will also vary. Also in consideration of disclosure of disability under the ADA, we would like to remind you that the employer must keep disability information that you share or that your job candidate shares, they must keep it confidential. They can only disclose to those members of the work force who need to know. They must also keep any paperwork related to disclosure filed separately. We are going to look at two things in relation to that today. The first is, we are going to give you suggestions on deciding whether or not to disclose disability specific information, and then second, we are going to be looking at effective techniques and disclosure for you as rehab professionals to consider when you represent these candidates with disabilities to potential employers. It's a recap of our opening. With that said, let's take a look now at when or when it might be appropriate to disclose or discuss disability. I don't mean timing as to when. I mean what situations would it be necessary? We have three common driving factors that relate to when to disclose. The most obvious one is, if the disability is visible or perceived by the employer. If they can see that disability, it's a good idea to have a little discussion on it, even if there are no barriers that are perceived to employment. It's kind of like the elephant sitting in the middle of the living room. If we are both sitting in a living room and there is an elephant in between us, but we never talk about it, it's a little awkward. This number one, if we bring it up and discuss a little, takes away some of that awkwardness. Number 2, you might consider disclosing if the disability limits the individual in the performance of the job tasks or essential functions, or if it impairs their ability to comply with policies that the company has. Then the third reason is if the disability appears to limit the individual in the performance of those tasks, or in compliance with employer policies. Because remember this: Perception is reality to that employer. Even though the job candidate may have a disability that may not need to be brought up, because of an accommodations, it would be nice to bring it up because of employer perception or misperceptions. We will talk about that later on. A reminder to you, be sure to have permission when you are deciding to disclose on these three factors. Also, be sure in advance when you get this permission from your consumer, to share with them prior to disclosure what you are going to be sharing with that employer so that that candidate knows, when you will be sharing it, what kind of setting you will be in, and why. This is a big one, why you will be sharing that information. What this does is enhance the opportunity for informed choice for the individuals with disabilities that we work with. Okay. Let's look at when it might not be necessary to disclose disability. There are four reasons. The first is the opposite of what we just looked at. If the disability is not visible, it may not be necessary to disclose. And, if the disability does not limit the individual in the performance of the essentials tasks that they have to do, or in compliance with company policies, that is a good combo. They probably, you probably would not have to disclose. The third reason, if accommodations are not necessary for the performance of these essential job tasks, or for meeting job standards, or for having access to company benefits. Then the fourth reason is, if there are no safety risks that are related to the disability. If the employer can't see the disability, if there is no special need for accommodations, if that person can do the job tasks according to standards and comply with policies, and there are not any safety factors, it's probably not necessary for you to have to disclose. Let me encourage you to be painstakingly thorough as you review these in making the decision about disclosure, because you will need to know as much as you can about [your consumer or customer] before you advise your consumer, and before you talk with the employer, about disclosure of disability. Keep in mind one important thing. Often times when you are representing a person with a disability to a business, the employer is going to be wondering what is wrong with that candidate, that they are not either here themselves representing themselves, or if they know the name of your organization, and it indicates something about the disability, they are going to be thinking, what is wrong with that person? Many of them will know that is an illegal question, but if the question is in their mind, disclosure and discussion become paramount to you being successful in referring that candidate. So, if you decide that disclosure is appropriate either by you or the job candidate, we now want to look at how to go about doing the disclosure. And there are a number of steps that we can recommend that you follow. Let me go through them quickly, and then we will come back and recap all six of these. First and foremost, it's important to remember to discuss the disability or the impairments or factors that require accommodations without labels. And if you are like me, a lot of us in rehabilitation use a lot of labels in our brain, our brain doesn't know we are doing it half the time. We almost need a censorship between the brain and mouth before some of those labels or acronyms come out. Second, it's important to ask the employer, what they know about that particular situation or that particular disability. Third, it's important to clarify any misconceptions or misperceptions, or biases that they might have. Fourth, it's important to give some generic facts in a general way about the disability. Fifth, it's important to give specific facts about your candidate, and how that disability is affecting their ability to apply for the job, to do the job, to be accommodated in the job or comply with policies, and then 6th, it's very important to wrap up the referencing to disability by closing with highlights of abilities. Let's come back and look at this more in detail. We will give you some examples in a moment. First let's go back through these 1 through 6 items. Discussing it simply means that we won't use some of the language that we will be referencing in a moment. Using terms like TBI, MR, quad, para, are very inappropriate. And yet, you will find that some of those words might pop out of your mouth when you have made the decision to disclose, before you even want them to. Once it's out there, you can't take it back. Once you have shared generically the situation that your job candidate has for impairments that are impacting job performance, you then would spend a little bit of time asking the employer specifically, do you know much about that situation? Or maybe something like: Have you ever employed someone who has had to deal with this kind of a situation? It's very informative way to open the door to an opportunity to educate that business. The reason you ask what's known is because you want to be able to answer the misperception, the concern or even the bias. But you want to do it as an educator, not as somebody in a defensive mode. That is when you move to number 3, which is to clarify misconception. Almost always, if you are new to working with a business, they will have misconceptions about certain types of disabilities. Number 3 gives you an opportunity to be an educator. And this is where you would respond very specifically to the misperceptions that you heard or maybe didn't hear but were implied, when you have asked what they know about that particular disability or limitation. The number 4 item which says, give brief but general facts first. Basically, what that means is that we would like you to be generically describing the situation or disability that your person is dealing with that will impact job hiring, maybe job interviewing, certainly job performance, and compliance with policies. Being generic really eases your way into describing what you need to describe. But then you want to move pretty quickly into the specifics of Mary's or Tom's situation, because as we know, but businesses do not, different situations like, for example, someone who has cerebral palsy, they might only have mild impairments that spin off of that, or they might have significant speech impairment or gait impairment. If the employer knows a little about the disability, but only in one vein, their brain may go right forward into thinking, this person's cerebral palsy is going to be severe and it puts them in a box that is severe when in fact it might not be. We want to customize the disclosure specific to the job candidate that we are referring to that business. Almost always, after you have described the situations that might need special attention, that relate to the disability, it's very important in the same, I guess it would be the same dialogue, with almost without taking a breath, to begin to share what the abilities of that individual are, so that you are not ending on what would be perceived to be a negative note. Let's take a look at some examples of the labels that might be used. One label that is an important one for people who are advocates within this group is the label of seriously mentally ill. I know one time I spoke with a group of family members, who have individuals in their family who have mental illness. They wanted me to refer to them, when I marketed their family members to business, as SMI, or seriously mentally ill, because from their perspective, that was very important. But if you think about how that label might bias an employer just by language alone, it's important to realize and to help educate family members that this is not the best way to go. We try to lay down a positive note. Mentally retarded, learning disabled, all those acronyms that we use, TBI, CP, LD, and MS, SCI, you might think, I would never use those labels, when I went out to an employer. But it's amazing how our mouth is sometimes too quickly connected to our brain, as I said earlier. Keep in mind also on these labels, that when you go and introduce yourself to a business, either in person or on the phone or if you even send them literature, there is in a sense, an automatic but generic disclosure of disability. If the title of your organization indicates that you have something to do with people with disabilities. In that sense, there is generic disclosure, it is not specific to your job candidate, even before you begin to talk about your job candidate. Again, your consumers need to know that, because if you are out there representing them to business, there is automatic disclosure that they have a disability, just by the nature of your business. So, let's talk a little about language with business. We want to remember that there shouldn't be any acronyms. We have mentioned that. We also want to encourage you to talk their talk. Remember that labels put people in boxes. The worst thing we can do is to take our job candidate and put them in a box that doesn't need to be there. Let's take a look at a few bad, better, best scenarios that might help you in learning how to move there disability and related issues without the boxes. On the issue of disability and labels, let's first look at MR, LD, MI, TBI. That is the bad scenario. It's acronyms that we use internally. Of course, what would be better is start with the person first. A person who is mentally retarded. A person who is learning disabled. A person who has traumatic brain injury. What is really best is generically using words that focus on ability, and how tasks will be performed, especially if those tasks will be done differently. Let's take an example. Let's pick learning disabled. You can say LD, but we know that is not the best way to go. If you take learning disability and use the full term, that is okay, but you might think about something different, that would describe learning disability. Some folks have said, that is a cognitive impairment. Okay. That is a little bit better. But cognitive impairment is very rehabby. Some folks might say something like this. Well, my candidate is LD in math, or my candidate is learning disabled in reading comprehension. That is a little better. But, it's still not the best way. What you might want to consider doing in this scenario is to say, I have a person who learns things differently. The way they learn is a little different from the way that you and I learn. So, as an example, and I'm still dialoguing with the employer here for you, you might say: This person if they had to read a training manual, probably would do better instead of reading that manual, if we could put that on an audiocassette. What you have done is never focused on learning disability. You have focused on a special need. You have focused on a solution for that need. That is a good way to think about it. But it requires practice and it requires a little bit of homework on your part. Let's take a look at disclosure when it relates to accommodations. There is a bad, better best scenario. But there is even better than what you can see on your slides. Some folks in my own agency have said, okay, let's talk about compensatory strategies with the employer, when we dialogue about disability. You know what? I think compensatory strategies are really confusing to me. They certainly would be confusing to employers. It's probably a good idea not to use that language. Sometimes if you simplify, you might talk about functional limitations, talk about special needs, talk about impairments. But even those concepts can be improved upon. Talking about work site accommodations is a good way to go, but there might be a better way. I'm wondering as you are listening to this telecast, if you can think of a better way. Let's give an example back with learning disability. The example is repeating the one we gave earlier in a sense. If you have a job candidate who [has a learning disability] in the area of reading, giving the suggestion that a way to accommodate this person in the workplace might be to offer them that manual audibly, is really talking about accommodations without using even the language, accommodation. Again, depending on the disabilities that you work with, it's important to pick through them the way we just did, with examples for learning disability. Let's look at dialogue or disclosure of disability in another way. Some of the disability factors to consider before an interview would be the following: Number 1, ask how will the disability affect the person's ability to do the job? Remember you can't do this unless you have looked at the job, looked at the job description, the work environment. Another thing to focus on will be this: Will the individual need any accommodations in the application process or even in the interviewing process? Something I'd like to mention here that is brand-new thinking in the last maybe two to three years, is even the issue of on-line applications, and whether or not the issue of disclosure will come up there. Keep in mind that employers who are mandated by affirmative action to indicate if they are recruiting and hiring people with disabilities, at some point in the recruiting process, need to inquire or give their candidates an opportunity to disclose whether or not they have a disability. This becomes particularly awkward in on-line applications, but I'll give you a tip. Don't leave any answers out on on-line applications. And don't lie. If the questions relate to disability, keep in mind that they might be asking because of affirmative action mandates. Another way to look at this, under disability factors, is consider will there be a need to review any job modifications or accommodations in the interviewing and selection process? If the answer is yes to any of those issues, it will probably be necessary to disclose the disability related factors, the way we have suggested you disclose them. If possible, it would be really nice to have the individual who is applying for the jobs to bring up the disability themselves, and then have [the customer explain to] the employer see how the job will be done. But let's remember this: If that consumer cannot acquire the finesse or skill or have the comfort zone that is positive in disclosure of disability, then somebody else needs to do that. My guess is it will probably be you, if you are listening to this telecast. After we have done disclosure, there are factors we have to pay attention to. Let's take a look at what happens or what should happen after disclosure. First and foremost, there should always be follow-up, with that business and with the job candidate. The first thing we want to find out from the employer, if the participant or job candidate went on their own, is how did they come across? Important feedback for all of us, since we are trying to help that person get that job. Also, particularly if you are involved in the disclosure, find out if the employer has any concerns about the impact of that disability. If the job candidate has gone on their own and disclosed and you are making a phone call to the employer to follow up, this is an important question to ask them. That employer might feel more comfortable disclosing any misperceptions or concerns to you, but not to that candidate who brought up the disability. If you have disclosed, and you are in with that employer at the point of disclosure, this is something you want to ask about while you are there disclosing. Then of course, it's very, very, very important to deal directly with any misperceptions or concerns that you may find out in this follow-up piece whether it's happening in person or after the visit or the job interview. We are going to give you seven steps to follow in dealing with misperceptions that come about because of disclosure of disability. Let me read through the 7 first. We will come back and talk about each one of them separately. First and foremost, listen fully to the concern that relates to the disability disclosure. Second, qualify that concern. Third, acknowledge that it's a valid concern. Fourth, convert that concern to a question. Fifth, give specific facts about the disability. 6th, make your point to help with education. And 7th, check to see if the employer understands and agrees. Let's backtrack. What does it mean, listen fully to the concern? What is important here is that you allow the employer to finish their thought about the disability. Many of you may be like me. I start to formulate a response when I hear something negative. In that sense I stop listening. Before you start to respond back about something unique to that disability or that the employer might misunderstand or be afraid of, let that employer finish. Because sometimes, the real concern may be at the end of what they are saying. Sometimes, the real concern may not be voiced. You may have to ask some other questions to find out what the real concern is. That moves us to number 2, which is qualify the concern. When you think you have heard what misperception or bias the employer has, about the disclosure of disability, you want to repeat it back to that employer. The reason you do that is to see if you heard what they said. If they say to you, nope, that is not really my concern about the disability, then you go back to number 1 and you say, I'm sorry I missed your point, please tell me again. Okay. Number 3, which says acknowledge the concern, might be really hard for some of you. Particularly if you are a powerful advocate, or passionate advocate for people with disabilities. Acknowledging a concern just is basically saying, let the employer know that their misperception is valid, and remember that perceptions are reality. That is their reality. Let me give you two ways that you might acknowledge a concern. You can find your own way or use one of these too. One of them would be to say something like this: You know, Mr. Employer, I have heard that issue about this particular disability and I appreciate you sharing it with me. Another way you might do it is say something like this. Mr. Employer, when I was new to disability about 30 years ago, I had that same concern. I'd like to help give you some information about that. And do you see how nicely that segues into number 4? Which is to convert the concern that the employer has, to a question. Why do you do that? Why do you think? Basically, you are converting it to a question so that you can answer your own question. That is how we do the education about the disability, so that we can move beyond disclosure as a barrier, and turn disclosure into an opportunity for education. Oftentimes you have heard it said that lawyers never ask a question in court that they can't answer. It's the same philosophy here. Now, once you have converted the concern or misperception to a question, you have the opportunity now to give specific facts about the disability. What we would recommend here to you is that you start by giving some general information about the person's disability that you are representing. And then bring it down to Mary, the person. Never ending on a negative, always talking about what they can do, either with or without accommodations. That is how you make your point. Then finally, see if the employer understands and agrees with what you have said. By saying, does this sound like we can move forward now? If they say no, do you know what you do? You go right back to listening to their concern, and you move through this. I'll give you a suggestion on the 7 steps. You can only move smoothly through them if you practice them. I recommend you choose someone that's been a part of this webcast and do a little role playing to see if you can move through these smoothly. The last portion of our overview wants to give you some tips on preparing your consumer for disclosure. First and foremost it's going to be important that you evaluate how the individual comes across when discussing disability. You might want to have them try doing that in the office with you, just flat out ask them to do it. Then you want to determine his or her knowledge about any unique needs related to disability. This is very important. I have found over time that some of our consumers do not know enough about their own disabling situations to be able to disclose them accurately, and then what's worse is that they don't know how to share, how to accommodate those special needs. This is a great opportunity to do job readiness or employment readiness work with our consumers. All employment readiness activities should include some role playing on discussing disability, and also discussing accommodations. Next you want to find out, and this is extremely important, how that individual treats concerns or beliefs that they hear from someone else about a disability. What is their reaction? Throw a few misperceptions at them when you are having them disclose this disability. See how they respond. Watch the body language. Watch the words they use. Watch their attitudes. We might need to help them with some changes to that. If you find that the person takes a sense about misperceptions on disability and they can't get over that, it might be important for you to be the person who does the disclosure. Because that negative reaction, from a person who is disabled, hearing what might be perceived to be something negative from a business, can be a real show-stopper. So, to make this as effective as possible, with businesses, you are going to want to be sure that the disclosure piece is properly handled by your consumer or job candidate. And if you know that they cannot do a good job with that, even with practice, then I would recommend that you step in as their advocate and as the schmoozer, the peace maker. Some other tips on preparing for your consumer for disclosure, there are good resources out there that can help you. Use existing resources to help that consumer and help yourself become more knowledgeable about his or her disability and accommodations that offset any barriers that might come about because of that disability. Some of the best ones or best resources I should say, that I have used myself, and with our staff, for our consumers, are listed on this slide, the Job Accommodation Network, Cornell University, and T-TAP Websites. They have marvelous information. But I know that from Jan and Cornell at least, you can get lost in a sea of information. On your power points, you have the addresses for all of these Websites. I want to pause and make some remarks about a couple of them, and tell you why I like using them. At the Job Accommodation Network site, you can spend five or six days going through the marvelous materials we have. But the link we give you on the slides takes you directly to a dropdown box that will allow you to look at maybe 35 different types of disabilities. When you click on and choose the type of disability that you are interested in finding more information about, you get a document that might range from three to seven pages long, and it has some incredibly good information that will educate you as a rehab professional about the disability that you are reading about, what it looks like, what it feels like, what it does, and a little bit about the varieties of that disability. Then it starts to give the kinds of questions that might be needing to be asked, when you go to a job site to see if your candidate cannot just do that job, but it will help you be thinking, do I need to be disclosing this disability. Then what is even better is that it gives you examples of ways to accommodate. So it basically in one package gives you all the information that you need to not just educate your consumer about the words that describe their disability, but also gives them educational information about how they can be accommodated. It's a good teaching tool and a good marketing tool. Businesses love these kinds of fact sheets as well. We have used this a lot with employers we work with. The Cornell University Website I've used as well. That is very nice, if you go exactly to this very long address that we have shared with you and scroll down about halfway on the page. You can print off in .Pdf format a very nice looking twofold or two-page fact sheet, that describes disability, that describes common accommodation and that lists other resources. Again, a nice information fact sheet for businesses, or for your consumers. I looked at the T-TAP Website recently and saw a nice how-to guide, and the kinds of questions you need to be focusing on when you discuss disability. I wanted to be sure you had those resources, so that you didn't have to reinvent the wheel, because they have some pretty darn good wheels. In our wrap-up, I want to give you a suggestion. And that suggestion is to make this yours, you need to apply it. Our last two slides suggest to you that you select a disability for the individuals that you work with routinely. What is a common disability that you know you are going to have to be describing at some point to a business? Find a partner who is aware of the best practices that we have just shared with you, and plan on doing a role play for the disclosure techniques that we have taught, for your consumers, with that particular disability in mind. Do them the way we have described. You have a couple nice slides that you can come back to, and use as part of your role play. I strongly encourage you to do that, not too long after this session and the chat room questions that you might be asking. Once you have completed that role play, reverse roles. It's interesting to watch how your partner who hopefully has seen this telecast will also deal with disclosure issues. After you have both role played, ask each other for feedback. The feedback is what helps the most. It gives you the opportunity to hear and see what you have said, and it also gives you the opportunity to do better. If you are really brave, videotape yourself. There is nothing like seeing the words you choose, the way you disclose, and how you might improve that. I hope this information will help you in the future. As a member of the Department of Rehabilitation Services in the state of Alabama, I appreciate being invited. And thank you so much for joining us today. *****