The AT Messenger… bringing technology to you Delaware Assistive Technology Initiative (DATI), Volume 8, No. 1, Winter 2000 Work Incentives Improvement Act Becomes Public Law On December 17, President Clinton signed the Ticket to Work and Work Incentives Improvement Act of 1999 (WIIA), landmark legislation that will enable millions of Americans with disabilities to join the workforce without fear of losing their Medicaid and Medicare coverage. The legislation will also modernize the employment services system for people with disabilities. Though the U.S. unemployment rate is at a 29-year low, the unemployment rate among working-age adults with severe disabilities is nearly 75%. Local Efforts This signing was the culmination of much work, some of it based right here in Delaware. Senator Bill Roth (R-DE), chair of the Senate Finance Committee, helped to forge the bipartisan effort to develop this legislation. Roth's efforts were featured in the April/May/June 1999 issue of The AT Messenger. Since that article, the Work Incentives Improvement Act passed the House of Representatives on November 18, and has now been signed into law by the President. At a November 22 press conference in Wilmington, Roth said, "No one should have to choose health care over employment." Highlights of the Legislation Under current law, people with disabilities can become ineligible for Medicaid or Medicare if they work. The WIIA will break down the barriers for millions of Americans who are disabled by: * creating new options and incentives for states to offer a Medicaid buy-in for workers with disabilities; * extending Medicare coverage for an additional four years for people on disability insurance who return to work * creating a $250 million Medicaid buy-in demonstration to help people whose disabilities are not yet so severe that they cannot work; and * enhancing employment-related services for people with disabilities through the new "Ticket to Work" Program. Medicaid and Medicare Options Available to States The act creates two new options: first, it lets states remove the income limit of 250 percent of poverty (about $21,000), allowing them to set higher income, unearned income, and resource limits. This means that people can buy into Medicaid when they don't have access to private health insurance. Second, it creates the option to allow people with disabilities to retain Medicaid coverage even though their medical condition has improved as a result of medical coverage. The act also creates a new Medicaid by-in demonstration to help people who are not yet too disabled to work. For example a person with muscular dystrophy, Parkinson's Disease, or diabetes may be able to function and continue to work with appropriate health care, but such health care may only be available once their conditions have become severe enough to qualify them for SSI or SSDI and thus Medicaid or Medicare. For people with disabilities who are returning to work, the act extends Medicare Part A premium coverage-for another four years-for people on Social Security Disability Insurance who return to work. This means the difference between a monthly premium of nearly $350 (roughly the cost of purchasing Part A and B coverage) and $45.50. Ticket to Work The Act creates a "Ticket to Work Program." This new system will enable SSI or SSDI beneficiaries to obtain vocational rehabilitation and employment services from their choice of participating public or private providers. If the beneficiary goes to work and achieves substantial earnings, providers would be paid a portion of the benefits saved. More information will follow as the legislation is implemented. Nathan Hill, President of Greenwood Trust Company and Vice President for Discover Financial Services, Inc., Senator Bill Roth, and Larry Henderson, Independent Resources, Inc. talk about the Work Incentives bill at a November press conference in Wilmington. Don't Forget: January 26, 2000 The LIFE Conference Sheraton Dover Hotel · 8:00 am ­ 4:30 pm a joint effort of many of Delaware's consumer-focused organizations featuring * Paul Marchand, National Governmental Affairs Office of The ARC, who will focus on legislation & advocacy efforts at the national level * Delaware Advocacy Coalition's Awards and Legislative Luncheon Workshops on: Legislative Advocacy on the Federal Level, Adapting Toys & Play Activities for Preschool Children, Empowerment & Self-Advocacy Programs, Mobility Training, Info Dissemination & Legislative Advocacy, Accessibility in Delaware, Medicaid Supports for Children with Disabilities, Positive Behavioral Supports, Employment Discrimination & the Law, Computers & Young Children, Accessing Division of Children Mental Health Services, Transition TQM Project (school to work). For more information, contact the DATI Central Site 1-800-870-DATI (in state) or 302-651-6790 Assistive Technology in the Workplace: Office and Computer-Related Jobs A live satellite broadcast, January 26, 2000. Offers participants the opportunity to interact while viewing actual accommodations and exploring various applications of assistive technology in the workplace. To register to be a downlink site, contact Tech Connections, 490 Tenth St. NW, Atlanta, GA 30318; 1-877-TEK-SEEK. AT in the Workplace: Accommodations for Workers in Accordance with the ADA by Laura M. Lassor Disabilities Law Program, Community Legal Aid Society, Inc. The Americans with Disabilities Act (ADA) protects individuals with disabilities from discrimination in job application procedures, hiring, advancement or discharge, compensation, job training, and other terms, conditions, and privileges of employment. Otherwise qualified individuals with disabilities 1 are entitled to reasonable accommodations for known physical or mental limitations. The following example, based on the facts of Hoffman v. Fidelity Brokerage Services, Inc., 959 F. Supp. 452 (S.D. OH 1997), begins to illustrate the meaning of employer responsibilities under the ADA. Patricia Hoffman is legally blind. She is able to read out of her right eye only by wearing magnifying eyeglasses and holding the material she is reading few inches from her glasses. She has worked as a service representative with the IRS for two years, using a "VISTA" computer magnification device which enlarges text and graphics up to sixteen times the original size. Hoffman contacts Fidelity about a position in its customer service department. She passes a screening interview conducted by telephone. She then submits a formal application. At what point should the applicant reveal her need for an accommodation? It is the responsibility of employees or job applicants to propose the appropriate accommodation-including the use of assistive technology-to allow for participation in job application procedures, training, and job performance activities. Employers should protect the privacy of applicants and employees by following the ADA regulations for dealing with medical information: "information regarding the medical condition or history of any employee shall be collected and maintained on separate forms and be treated as a confidential medical record." Once an employee requests a certain accommodation, she may have to accept an alternative accommodation proposed by her employer. If the employee "rejects a reasonable accommodation that is necessary to enable the individual to perform the essential functions of the position the individual will not be considered a qualified individual with a disability." Can the employer ask the applicant about her disability during a job interview? The federal regulations specifically authorize an employer to make certain pre-employment inquiries with regard to a disabled applicant. A[n employer] may make pre-employment inquiries into the ability of an applicant to perform job-related functions, and/or may ask an applicant to describe or to demonstrate how, with or without reasonable accommodation, the applicant will be able to perform job-related functions. The employer may make such requests of an applicant whose known disability may interfere with or prevent the performance of a job-related function, whether or not the employer routinely makes such a request of all applicants. The federal regulations state that in order to determine the appropriate reasonable accommodation, it may be necessary for the employer "to initiate an informal, interactive process with the qualified individual with a disability in need of the accommodation. This process should identify the precise limitations resulting from the disability and potential reasonable accommodations that could overcome those limitations." Hoffman informs the interviewer that she is legally blind and that she would need modifications to her computer in order to perform the customer service job. Fidelity consults SpecialLink, a non-profit group specializing in assistive technology. SpecialLink recommends VISTA; however, a security function on the computer does not allow VISTA to function with Fidelity's in-house software. What counts as a "reasonable accommodation"? The ADA states that the term "reasonable accommodation" may include- (A) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and (B) job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustments or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. In general, a "reasonable accommodation" is an accommodation that does not impose an "undue hardship" on the employer. An employer who does not want to implement an AT device or other accommodation may argue that the accommodation is too expensive or too difficult to administer. Alternatively, an employer may argue that the accommodation is too disruptive to the performance of the business, or that it would fundamentally change the nature or operation of the business. If proved, these defenses could relieve the employer's obligation to provide the requested accommodation. The employee or job applicant has the burden of showing that the accommodation is objectively reasonable. If she does so, the burden of persuasion is on the employer to show that an accommodation would pose an undue hardship. An employer who is unwilling to implement the accommodation proposed by the employee or job applicant could also claim that the employee or job applicant would be unqualified to perform the "essential functions" of the job, even with the proposed accommodation. In this case, the employee must prove that she would in fact be qualified with the proposed accommodation. Fidelity corrects the security problem and installs VISTA. Hoffman visits the Fidelity facility to assist with identifying potential accommodations. Hoffman is observed as she sits at a work station, and she is asked to scroll through typical screens on Fidelity's software, using VISTA. When asked to read information from the screen, Hoffman makes errors in identifying words and numbers. Fidelity decides that Hoffman is unable to perform the essential functions of the job because she is too slow and too inaccurate. What are the "essential functions" of a job? The federal regulations define "essential functions" as the fundamental job duties of the employment position. Whether a particular function is essential is a factual determination which must be made on a case-by-case basis. A court would consider the employer's judgment as to which functions are essential, written job descriptions prepared before advertising or interviewing applicants for the job, the amount of time spent on the job performing the function, and the consequences of not requiring an employee to perform the function. A court may not "second guess" an employer's business judgment, nor may it require employers to lower production standards. If the job-related function is not essential, the employer may not exclude the applicant because of her inability to perform that function. Rather, the employer must either provide an accommodation that will enable the applicant to perform the function or transfer the function to another position. Conclusion Disabled employees and job applicants should engage in an open discussion with employers and prospective employers about their capabilities as well as their need for modifications. The disabled individual should be highly involved in identifying reasonable workplace accommodations. Employees and job applicants should share their knowledge about available assistive technology and help dispel employer fears about the expense of many kinds of accommodations. Individuals with disabilities should also keep in mind that Community Legal Aid Society's Disabilities Law Program is available to help them obtain appropriate assistive technology. Footnotes 1 A qualified individual with a disability means "an individual with a disability who satisfies the requisite skill, experience, education, and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position." Local Information Resource on Employment Outcomes: The Rehabilitation Continuing Education Program The Regional Rehabilitation Continuing Education Program for Community Rehabilitation Providers (CRP/RRCEP), Federal Region III, delivers training and technical assistance throughout Pennsylvania, Delaware,West Virginia, Maryland, Virginia, and the District of Columbia. Its mission is: "To assist CRP personnel in acquiring the skills and information to improve competitive employment outcomes for persons with significant disabilities." * Trainings are held at sites throughout the region from 9am-4pm. * Technical Assistance is available upon request. * A limited number of stipends (reimbursements for travel-related expenses including mileage, public transportation, and hotel costs-with receipts) are available to participants from eligible Community Rehab Programs * Continuing education credits are approved by the Commission on Rehabilitation Counselor Certification (CRCC). The Delaware Association of Rehabilitation Facilities (DELARF) is the Satellite Site for Delaware. CRP/RRCEP is housed at the Center of Human Services Development (CHSD), University of Maryland, College Park. Contact them at 301-405-4573, fax 301-405-4576 or see their website www.inform.umd.edu/RRCEP. Employment Information Resources on the Web A few minutes on the web can yield a huge amount of information on employment issues for people with disabilities. Following are a few of the notable information resources. Several have real-life stories of individuals who are successful in the workforce. Many have examples of approaches that individuals with disabilities looking for work can implement. One even has a job board. All of them have links to follow for further information. Check out these resources The President's Committee on Employment of People with Disabilities is a small federal agency based in Washington, DC. The Committee's mission is to communicate, coordinate, and promote public and private efforts to enhance the employment of people with disabilities. Find them at: www50.pcedp.gov/pcepd. The Job Accommodation Network (JAN) is an international toll-free consulting service that provides information about job accommodations and the employability of people with functional limitations. JAN's mission is to assist in the hiring, retraining, retention or advancement of persons with disabilities by providing accommodation information. Find them at: www.jan.wvu.edu/english/homeus.htm. The Rehabilitation Research & Training Center on Workplace Supports at Virginia Commonwealth University hosts WorkSupport.Com. The purpose of the center is to identify factors that enhance or inhibit businesses from tapping into a pool of potential employees. The website is designed to be a gateway to information, resources, and services regarding the employment of people with disabilities. Find them at: www.worksupport.com. The goal of the Research and Training Center is to improve employment outcomes and self-sufficiency of persons with disabilities served by community-based rehabilitation programs. Find them at: http://rtc.uwstout.edu. Technology in the Workplace: Reasonable Accommodations and Assistive Technology by Michael Meyreles, ATP AT Specialist, New Castle County ATRC In the years since the signing of the American with Disabilities Act (ADA), many people with various disabilities have been able to obtain or sustain satisfying and productive jobs. Concerning employment, the ADA states that an employer must make reasonable accommodations enabling an employee with a disability to perform his or her job. It also states that an employer must not discriminate against a prospective employee based on disability. The Role of Technology in the Workplace There are many things to remember when considering technology in the workplace. Job accommodation is a team effort. The team can consist of any number of people including the employee, employer, occupational therapist, rehab engineer, vocational counselor, etc. Prevention of disability is as important as accommodation of disability. Take appropriate steps to avoid repetitive strain injuries and allow time for exercise or relaxation. All aspects of the person's workplace--as well as all activities throughout the workday--should be considered for accommodation. This includes modification of work area, access to restroom and break facilities, entrance to the building, and emergency exit. Many modifications to a person's workplace cost little or nothing. Even changing the placement of the monitor and keyboard can make a big difference to a person with a disability. Some modifications not only accommodate people with disabilities but also increase productivity all employees. Modifications that fall into this category include automatic doors, electric staplers, speaker phones, postage machines, and improved organizational methods. Much of the technology for computer access has become not only very affordable, but commonplace as well. People with the most severe of disabilities can now access the computer for software applications, on-line services, and environmental control. Technology is of little use to a person without proper training and support. Make sure equipment upgrades and therapists' follow-up are part of the plan. Make sure job duties are clearly defined. Accommodate the person for the job, not the job for the person. Considerations for employment should be based on an employee's qualifications, not disability. Use your local ATRC as a reference. In Kent County, call the DATI/Easter Seal ATRC at 739-6885. In Sussex County, call the DATI/Easter Seal ATRC at 856-7946. In New Castle County, call the DATI/Easter Seal ATRC at 328-2872. The ATRCs house a variety of assistive technology for loan as well as a database of products and complete text of the Americans with Disabilities Act (ADA). Economic Life and Disability Reprinted from Disability Agenda, Volume 2, No. 3 (Winter 1999) with permission from the National Organization on Disability. The National Organization on Disability, in partnership with Louis Harris & Associates, last Fall conducted the third nationwide survey of the lives and experiences of people with disabilities. As in previous years, the survey focused heavily on the economic well-being of individuals with disabilities. The findings were as sobering last year as they were in 1994 and 1986. Specifically: * People with disabilities in 1998 were some two and one-half times less likely than those without disabilities to be employed, with the 'employment gap' now standing at 50 percentage points-a slight increase since the level of 1986. * One-third (34%) of adults with disabilities live in a household with a poverty-level annual income of less than $15,000 in inflation-adjusted dollars, compared to about 12% of non-disabled Americans--a 22 point gap. This gap is virtually identical to the gaps reported in 1994 and 1986. In order to better understand these persistent gaps, Disability Agenda [a publication of the National Organization on Disability] reviewed the latest data from the U.S. Bureau of the Census. Employment and Disability As previous Harris surveys have suggested, employment rates vary greatly according to the severity and type of disability. According to the U.S. Bureau of the Census, the employment rates for people between ages 21 and 64 are: 82% for all people (disabled and non-disabled) 77% for those with a non-severe disability 52% for those with any disability 26% for those with a severe disability Employment rates differ as well according to the type of disability. For instance, people with hearing disabilities are about half as likely to be employed as are those with visual or mental disabilities, and some two to three times as likely to be employed as are people with physical disabilities. Disability and Age The gaps in employment also vary markedly according to age. For instance, among people aged 16 to 24, people with disabilities are only 57% as likely their non-disabled counterparts to be in the labor force (that is, either working or looking for work) an only 41% as likely to be employed full-time. Between ages 25 and 34, these percentages are even lower: people with disabilities are only 44% as likely as their non-disabled counterparts to be in the labor force, and only 29% as likely to be employed full-time. These figures continue to decline with age to the point that, between ages 55 and 64, people with disabilities are only 26% as likely as their non-disabled counterparts to be in the labor force, and only 17% as likely to be employed full-time, thus creating an even greater income gap among older people with and without disabilities. The Effect of Education Educational attainment has a profound influence on employment levels. For instance, for individuals between ages 16 through 64, people with disabilities with fewer than 12 years of education are only 20% as likely to hold a full-time job as are people without disabilities with the same educational levels. In contrast, for individuals with 16 or more years of education, people with disabilities are more than twice as likely-41%-as people without disabilities to have a full-time job. A similar picture emerges for earnings. Among people with disabilities aged 16 to 64 who are employed full-time, the average annual earnings for those with fewer than 12 years of schooling are just $19,200, compared to $45,500 for individuals with 16 or more years of schooling. Interestingly, it is simply the fact of full-time employment that has the most impact on the earnings gaps between people with and without disabilities. People with disabilities who are either working (whether full-time or not) or looking for work earn only 60% to 70% of what demographically similar non-disabled people earn. However, people with disabilities who have a full-time job earn approximately 80%-thus approaching parity-of what demographically similar non-disabled people do. Interpreting the Findings These findings do have a number of important implications for the future. First, disability's effects on employment and earnings are not uniform. They vary greatly according to age and the severity and type of disability-and so any solutions cannot be uniform either. Second, greater educational attainment is perhaps the most powerful route to higher employment and earnings levels for people with disabilities. All else being equal, anything that makes it possible for young people with disabilities to obtain more education will enable them, as a group, to more easily find a job and to earn higher income levels, thereby helping to close the gaps in employment and earnings throughout their working lives. Third, and perhaps most importantly, full-time employment emerges as the greatest single factor in closing the income gaps between people with and without disabilities. On average, individuals with disabilities who have a full-time job earn nearly as much as do demographically similar individuals without disabilities. Closing the Gaps The chain of cause and effect for economic well-being among people with disabilities is thus much the same as for the rest of the population. Education increases the probability of employment. Employment increases earnings. And education, employment, and adequate earnings, in turn, are the first step--both the enabler and the fundamental economic prerequisite--for full participation by people with disabilities in American life. Ensuring that young people with disabilities have access to the best education possible, and doing all that we can to make sure that people with disabilities can find full-time work, therefore must be the heart of America's disability agenda-particularly as it pertains to economic well-being--as the new century begins. Coming Attractions: DATI Trainings in the New Year DATI kicks off its new training program in February. First on the schedule are intensive courses on AAC Devices from Prentke Romich. Trainings will be held over three consecutive days at the duPont Hospital for Children. Contact DATI at 1-800-870-DATI (in-state) or 302-651-6790 to register. February 15: Unity Unity is the language program available in all Prentke Romich communication devices (Vanguard, DeltaTalker, Liberator, etc.). There are several levels or versions of the program designed to meet the needs of individuals from preschool through adult. This seminar will focus on the vocabulary selection and organization of the Unity programs with special emphasis on implementation strategies. This training is recommended for all who are working with individuals using an AlphaTalker, Vanguard, AXS1600, DeltaTalker or Liberator as well as all professionals who do AAC evaluations or equipment recommendations. NOTE: For individuals who are only able to attend one day of training, understanding Unity is most important. February 16: DeltaTalker This training will focus on the device hardware. Participants will learn device operations that are specific to the DeltaTalker. Participants will learn to store, edit, and erase messages. They will learn to navigate menus and use functions, such as "wait-any-key" to store jokes. Other device features covered include saving memory to disk, access options (i.e. scanning, optical headpointing). NOTE: Participants planning to attend this seminar are strongly encouraged to attend the Unity Seminar. February 17: Vanguard This training will focus on the device hardware. Participants will learn device operations that are specific to the Vanguard, such as: * Storing, editing, and erasing core messages * Creating and modifying the activities * Creating and modifying pages * Navigating menus. In addition to the Unity program, the Vanguard includes page based programs at 4, 8, and 15 locations that are appropriate for: * very young children who are just learning to use an AAC system, * individuals of any age who need larger targets for visual or access reasons, * individuals of any age who are cognitively limited. These programs, as well as ways to modify them, will be explored. NOTE: Participants planning to attend this seminar are strongly encouraged to attend the Unity Seminar. GCEPD: 1999 Employer and Employee of the Year On December 16, 1999, the Governor's Committee on Employment of People with Disabilities (GCEPD) held its Annual Training & Awards Program. The GCEPD Statewide Employer of the Year was Acme Markets, Inc. County award winning employers were First USA in New Castle County, Delmarva Wholesale Bakery, Inc. for Kent County, and Wal-Mart Super Center #2460 for Sussex County. The GCEPD Statewide Employee of the Year was John Pellegrino who works as an Accounts Payable Clerk and Purchasing Coordinator at the Rockford Center. County awards went to Sean Curran, who works at JP Morgan (New Castle); Debra A. Rice, who is a receptionist at DHCI (Kent); and Rebecca Pressley, who is a Certified Nursing Assistant (Sussex). DATI Equipment Loan Policy DATI has a wide variety of equipment at the Assistive Technology Resource Centers for the primary purpose of demonstration and short-term loan. The policy for the loan of the equipment is as follows: The standard loan period is two weeks, defined as the day borrowed (e.g., Monday the 10th) to the same day two weeks later (e.g., Monday the 24th). Loans may be extended providing there are no names on the waiting list and/or that an extension will not interfere with an existing reservation. The maximum loan period is 4 weeks. A maximum of four (4) devices may be borrowed at a time, i.e., during any single loan period. However, combinations of devices may be treated as a single device if the components are interdependent—either operationally, or because one component is required for the user to access another. Equipment loans across state lines are not permitted. Equipment must also remain in Delaware throughout the loan period. To Contact DATI’s Central Site office or the ATRC closest to you, call 1-800-870-DATI Press #1 for English or #2 for Spanish, then press #3 for the Central Site office #4 for the New Castle County ATRC #5 for the Kent County ATRC #6 for the Sussex County ATRC TDD callers: Do not press #1 or #2 and your call will be answered on a TDD line at the Central Site office. Please Keep Us Posted! Has your address changed? Are you receiving duplicates? If the address we have for you is incorrect, please type or print your correct address and forward it to DATI along with the current mailing label. If you no longer wish to receive this newsletter, please contact our office or send us your mailing label with "discontinue" written next to the label. Thanks for your cooperation. Do you know someone who would like to be added to the DATI mailing list? Have them call any of the DATI locations. DATI Throughout the State... 1-800-870-DATI\ Delaware Assistive Technology Initiative (DATI) Center for Applied Science & Engineering University of Delaware/duPont Hospital for Children P O Box 269 Wilmington, DE 19899-0269 (302) 651-6790; (302) 651-6794 (TDD) New Castle County ATRC Easter Seals of Delaware and Maryland's Eastern Shore 61 Corporate Circle, Corporate Commons New Castle, DE 19720-2405 (302) 328-ATRC; (302) 328-2905 (TDD) Kent County ATRC Easter Seals of Delaware and Maryland's Eastern Shore 100 Enterprise Place, Suite One Dover, DE 19904-8200 (302) 739-6885; (302) 739-6886 (TDD) Sussex County ATRC Easter Seals of Delaware and Maryland's Eastern Shore Delaware Technical & Community College Jason Technology Center, Room 104 Rt. 18, P.O. Box 610 Georgetown, DE 19947-0610 (302) 856-7946; (302) 856-6714 (voice or TDD) The AT Messenger is published quarterly by the Delaware Assistive Technology Initiative (DATI). Delaware Assistive Technology Initiative Center for Applied Science & Engineering University of Delaware/duPont Hospital for Children P.O. Box 269, 1600 Rockland Road Wilmington, DE 19899-0269 Phone: (800) 870-DATI or (302)651-6790 TDD: (302) 651-6794; FAX: (302)651-6793 E-mail: dati@asel.udel.edu; URL: http://www.asel.udel.edu/dati/ Beth Mineo, Director Joann McCafferty, Staff Assistant Thomas McDonough, Funding & Policy Specialist Sonja Simowitz, Project Coordinator DATI is a joint project of the Center for Applied Science & Engineering at the University of Delaware and the duPont Hospital for Children. DATI is funded by the National Institute on Disability and Rehabilitation Research of the U.S. Department of Education, Grant #H224A10005. This publication does not necessarily reflect the position or policy of NIDRR/ED, and no official endorsement of the materials should be inferred. The University of Delaware is an equal opportunity employer and prohibits discrimination on the basis of race, color, creed, age, national origin, marital status or disability in conformity with applicable laws.