Your rights as_tools_ppt
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Overview of employment parts of the Americans with Disabilities Act
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Your rights as_tools_ppt
- 1. Your Rights as Tools Peer Support Specialists Working in the CMH System
- 2. Rights: Definition "The rights belonging to an individual by virtue of citizenship, especially the fundamental freedoms and privileges guaranteed by the 13th and 14th Amendments to the U.S. Constitution and by subsequent acts of Congress, including civil liberties, due process, equal protection of the laws, and freedom from discrimination."
- 4. Discrimination in the Workplace
- 6. The ADA Definition of Disability
- 7. Limits
- 9. On the Job
- 10. After the Job
- 13. How to Think About Discrimination
- 16. Service Animals Service animal means any guide dog, signal dog or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability including, but not limited to guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, minimal protection or rescue work, pulling a wheelchair or fetching dropped items. The Americans with Disabilities Act (ADA) clearly states that proof of "certification" cannot be required by any facility or business for legal access if you meet the requirements for a person with a legal disability, and your dog meets the requirements of a service animal. Take hold of the leash and move forward! from Amy Sieniarecki, CPSS
- 18. Trauma Reactions
- 22. Your Presenter Name: Norm DeLisle Position: Director, MDRC Email: [email_address] Twitter: http://twitter.com/mdrcngd Blogs: Norman Learned at http://normdelisle.posterous.com LTC Reform at http://ltcreform.posterous.com Recovery Michigan at http://recoverymi.posterous.com
- 23. Last Thoughts Blessed are the men and women who are planted in your earth, in your garden, who grow as your trees and flowers grow, who transform their darkness to light. -—The Odes of Solomon
- 24. Thanks For Your Participation!
Notas do Editor
- I am Norm DeLisle, the Director of Michigan Disability Rights Coalition. "With Liberty and Access for All" is our motto, and :Feisty and Non-Compliant" is our attitude. The funny looking square in the lower right is a QR code, like a barcode, only it can hold more info. If you have a smart phone, you can use a bar code scanner app and your phone's camera to find out what info is stored there. Every de-valued community, including people with a history of severe mental illness, uses two tools to become an accepted and included community: Rights and Representation. While I'll talk a little about representation, I'm going to focus on rights and how to use them as tools for social valuation of our growing peer community.
- Discrimination is actually legal: unless you are a member of what is called a "protected group". Under the Americans with Disabilities Act, people with disabilities are a protected group. More about this later. If we were all red-heads or disembodied brains, we could be legally subject to discrimination. The rights of protection for people with disabilities are individual rights. Each peer has the rights. If you are part of several protected groups, you can have several overlapping sets of protections against discrimination. What are some protected gorups? Jot down the protected groups to which you belong.
- Representation means that our interests as a community are taken into account inside the system. For peers that means that when CMH is creating policy, the interests of peers are part of that. The famous story about peers not being able to use the staff bathroom is an issue of representation, rather than discrimination. It's about whether the peer community is valued like other professional communities, not whether you can go to the bathroom. Representation is very important, but today we will focus on how to use rights as a tool.
- The ADA and other civil rights laws also cover many parts of life. Today we will only focus on the workplace. We will look at the ADA, Section 504 of the Rehabilitation Act, the Michigan Civil Rights Act for Persons with Disabilities, internal policies, resources, and procedures that all CMH use to deal with staff disputes over working conditions, alternative dispute resolution, and informal negotiation. Each of these is a potential tool that you can use to redress grievances.
- There is specific direction to EEOC about how to enforce Title I for people with mental illness which is through the link. Michigan's disability civil rights act apply to employers with one or more employees, so you can file under Michigan law even if the organization is too small for the ADA. Basically, the same rights concepts apply, including the 180 day dead line. The link explains how to file a complaint. Section 504 applies to any program receiving Federal funds by grant, but is otherwise the same framework as the ADA. Elliot-Larsen doesn't cover disability, but other communities like religion, race, color, national origin, age, sex,height, weight, familial status, marital status. Each CMH has a staff person who is supposed to deal with ADA problems and each should have procedures for dealing with ADA complaints. Ask for these resources. ADR is available in every county in Michigan and is a good alternative to a complaint. Local centers are listed through the link. Informal negotiation is like peer support.
- Substantial disability in at least one important area of life Having a record of a substantial disability Being treated as though you had a substantial disability Being related to a person with a qualifying disability and suffering discrimination as a result Person with disability must be able to perform "essential functions" of a position with or without reasonable accommodation (more on RA later) Every aspect of employment from application to post employment benefits is covered. Harassment and retaliation are covered by the ADA as well.
- Only employers with 15 employees or more are covered. But see Michigan's disability rights law which affect smaller entities. "Undue Burden" or financial hardship can allow an employer to not provide an accommodation. But the standard is the whole size and budget of the agency or program, not just the little part you are working in. Illegal use of drugs is specifically exempted Direct threat to health and safety of self or others is also an exemption
- No medical questions or questions about disability until a job offer is made. Can ask how you would do an essential function Can ask for accommodations to apply for the job Position descriptions can't obviously discriminate against people with disabilities
- Just about everything is covered: Promotions Salary increase Benefits Leave Access to resources like printers seniority layoffs Terminations Union contracts Etc. Make sure to review the personnel handbook of the organization for which you are working when you get the job. Don't wait until you have an issue. Also, check the rules for short term and long term disability when you first get the job. Insurance companies aren't covered by the ADA as other organizations are. So, understand your health care benefit. Health Care reform will eventually implement mental health parity.
- Any asset you gained as a result of working is also protected against disability discrimination: Retirement Health Care (if a benefit) COBRA coverage Etc.
- Why file a complaint? Other approaches don't work Required to justify the cost of an accommodation Harassment and retaliation Might lose your job NOT because you are mad You file ADA employment complaints with the EEOC within 180 days of the discrimination act. Remember that some kinds of discrimination are ongoing. Both Title I and Title V cover employment, but Title V just makes it clear that State and Local government Employees are covered by AD for employment. You need a"Right to Sue" letter to go to court, and the EEOC may ask you to participate in mediation. You can't file online, but you can fill out a form and get an assessment of your claim. You can take the form to EEOC to help you file a claim or use it as a reerence if you file the by phone.
- If you can't provide an accommodation to yourself, you will have to ask your employer to provide it. You can only do this if you self-disclose your disability, at least to the extent necessary to justify the accommodation. You can't ask for an accommodation that means you aren't doing an essential function of the job. think through what you want before you write to ask. Be prepared to negotiate.
- Discrimination is always unfair, but not all kinds of unfairness are discrimination on the basis of disability. Your claim is stronger if more than one person is having trouble for the same disability. Don't expect any third party (say, EEOC) to understand your disability and the discrimination as well as you do. Marketing, marketing!! Use negotiation and ADR as often as possible. They are easier, faster, and provide for a "teachable" moment. Pass your ideas about discrimination, the complaint, and remedies past other peers.
- There are a lot of special circumstances in disability discrimination. In fact, the ADA is different from other civil rights laws precisely because every person with a disability is different and requires a customized approach to understanding discrimination and creating useful accommodations.
- Communication between the personalities is the issue. Think of the personalities as a team. You can use online tools to assure that everyone is updated. May require negotiation.
- If you want to use a service animal at work, recognize that you will need to justify it, even if you have a legal right to use the animal. Draft an accommodation request to your employer, describing exactly what the animal will do to support you, and make sure the animal is well trained.
- Assistive Technology can be used as an accommodation for some of the problems that arise from mental illness or from use of medication. A smartphone with apps can provide a lot of support, but there are also many other devices. AT can help with memory, directions, mood, even anxiety!
- managing symptoms from trauma is, in many ways, the bread and butter of recovery. Methods that you have found useful for managing symptoms outside of work can also be used as a basis for accommodations on the job.
- If you are a member of more than one protected community, then deciding about how to complain can be more complex. Is the discrimination you are experiencing the result of stigma about this community membership or that? Or is it several of them? Do you also belong to a community group that is not yet protected like LGBT? It is worth thinking these issues through before filing a complaint.
- Describe the discrimination like you were telling a story0just the facts. Describe how you see the unfairness of the discrimination-why do you believe it is unfair. Connect the unfairness to you status as a member of a protected group. Think about what would be fair remedies. NOW, starting writing the complaint.
- The Job Accommodation Network (available through the links) is a great place to get ideas for accommodations. I've included links for common accommodation situations. I also tossed in a free online class that will help improve your understanding of the ADA, and a nice piece on some aspects of discrimination and accommodation tht are particular to women.
- Our greatest strength in dealing with discrimination in the work place is our network of peers. Always turn to that network when you run into barriers, no matter where they arise.
- Thank you!! Any last questions?