ERIC ED415594: Working Effectively with Persons Who Have Cognitive Disabilities. Implementing the Americans with Disabilities Act Series.

6 Pages·0.13 MB·English

by  ERIC

DOCUMENT RESUME
EC 306 060
ED 415 594
Bruyere, Susanne M.; Golden, Thomas P.
AUTHOR
Working Effectively with Persons Who Have Cognitive
TITLE
Disabilities. Implementing the Americans with Disabilities
Act Series.
State Univ. of New York, Ithaca. School of Industrial and
INSTITUTION
Labor Relations at Cornell Univ.
National Inst. on Disability and Rehabilitation Research
SPONS AGENCY
(ED/OSERS), Washington, DC.
1994-01-00
PUB DATE
NOTE
5p.
H133D10155
CONTRACT
ILR Program on Employment and Disability; ILR Extension
AVAILABLE FROM
Building, Room 102, Cornell University, Ithaca, NY
14853-3901; telephone: [phone]; TTY: 607-255-2891; fax:
607-255-2763.
Non-Classroom (055)
Guides
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EDRS PRICE
*Civil Rights Legislation; Compliance (Legal); *Equal
DESCRIPTORS
Opportunities (Jobs); Equal Protection; Federal Legislation;
Job Application; Job Training; *Legal Responsibility;
*Mental Retardation
*Americans with Disabilities Act 1990; Employment
IDENTIFIERS
Accommodations (Disabilities); *Reasonable Accommodation
(Disabilities)
ABSTRACT
This brief paper uses a question-and-answer format to
summarize requirements of the Americans with Disabilities Act (ADA) of 1990
related to employment of persons who have cognitive disabilities. Questions
(1) the meaning of "reasonable accommodation"
address the following topics:
(2) what is meant by a cognitive disability;
under the law;
(3)
considerations during the job application and interview process (such as
(4) job training
simplifying and minimizing wording on the job application);
and performance considerations (such as breaking job tasks down into small
steps); and (5) other considerations, including use of an advocate and
involving the individual in determining accommodations. A listing of five
resources is provided.
(DB)
********************************************************************************
Reproductions supplied by EDRS are the best that can be made
from the original document.
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Implementing the Americans with Disabilities Act
What
Reasonable
Who is Likely to Need an
is
WORKING
for
Accommodation
Accommodation?
a
Cognitive Disability?
The critical concept in the
EFFECTIVELY
.2;
refers
"Cognition"
Employment Provisions (Title
to
44
I) of the Americans with
ability
"understanding",
to
WITH
comprehend what you see and hear,
Disabilities Act of 1990 (ADA)
and to infer information from
reasonable
that of
is
social cues and "body language".
accommodation. Reasonable
PERSONS
People with these impairments
accommodation
any
is
may have trouble learning new
modification or adjustment to
things, making generalizations
WHO HAVE
a job, an employment practice,
from one situation to another, and
or the work environment that
expressing themselves through
makes it possible for a qualified
spoken or written language.
COGNITIVE
individual with a disability to
Cognitive limitations can arise at
participate in and enjoy an
any age but those encountered in
people of employable age are very
equal employment opportunity.
DISABILITIES
likely to have existed since
The employer's obligation to
childhood; in this case the
reasonable
provide
a
limitation may have affected life
accommodation applies to all
experience as well as school
aspects of employment; the
learning. In the past, hundreds of
duty is ongoing and may arise
thousands of these individuals
any time a person's disability
have ended up on welfare, but in
or job changes, unless the
recent years a number of major
accommodation causes an
service industries, - hotel chains,
hardship
undue the
to
supermarkets, banks, fast food
employer. An employment
chains, retail stores
have found
that it pays to accommodate
opportunity cannot be denied
to a qualified applicant or
employees with cognitive support
needs. Since the pattern of need
employee because of the need
for supports is highly individual,
provide
reasonable
to
it is important to take time to get
accommodation.
acquainted with the applicant or
employee and to structure one's
According to the ADA, if the
'c.e,,DET211.!-,t1E41,-1.';'1,, EDUCATION
approaches accordingly.
Office
EDUCATIONAL RESOURCES INFORMATION
cost of an accommodation
CENTER (ERIC)
erThis document has been reproduced as
would impose an undue
received from the person or organization
Cognitive limitations of varying
originating it.
hardship on the employer, the
degrees can often be found in
1:1 Minor changes have been made to
improve reproduction quality.
O
individual with a disability
people who have been classified
in school as learning disabled,
should be given the option of
Points of view or opinions stated in this
document do not necessarily represent
mentally retarded, autistic,
official OERI position or policy.
providing the accommodation
or paying that portion of the
multiply handicapped, or who have
been diagnosed as having a head
cost which would otherwise
Program on Employment and Disability
injury or Down Syndrome. It is
constitute an undue hardship
New York State School of Industrial
important, however, not to
and Labor Relations
for the employer.
approach an individual with any
CORNELL UNIVERSITY
2
January, 1994
CORNELL UNIVERSITY
AVAILABLE
BEST COPY
Working Effectively with Persons who have Cognitive Disabilities
sometimes they may need to be
preconceived notions as to his or
workers. Once hired and in the
her specific capabilities.
job, the employee might need
taught their specific job. In this
Not
reasonable
case,
the
everyone who is slow speaking is
added assistance to be included in
cognitively impaired.
accommodation needed may be to
company social events, participate
have added assistance in job
in in-service training, and to be
What Considerations Might
considered for job advancement
training. Such an accommodation
be Important in the Job
could mean that the employer or
and promotional opportunities.
supervisor:
Application and Interview
Some other such supports to
spend additional time in
Process?
consider may include:
training the new employee;
developing a transportation
break job tasks down into
Individuals
cognitive
with
network to aid the employee in
smaller steps which are more
disabilities may require help in
attending social activities;
clearly defined;
the job application and interview
use very clear and basic
facilitating relationships with
process.
easy
Some
language to provide job
co-workers;
accommodations to make during
ensure accessibility of in-
instructions;
these processes could include:
service training activities;
develop a set routine in a job;
Simplifying and minimizing
develop a consistent work
investigating other jobs for
wording on the job application;
sequence;
promotion potential;
Clarification and assistance in
allow the employee to use
maintaining
open
an
completing information
alarm watches or timers;
relationship with the employee
needed on the job application;
develop pictures or diagrams
regarding performance and
Conducting a verbal interview
showing job sequence to assist
work behavior expectations.
to obtain job application
in learning tasks;
information that may be more
teach the employee with the
Are There Other Possible
complex in nature and difficult
disability how to follow the
Considerations in Working
to put in writing;
example of co-workers to learn
with People with Cognitive
Describing job requirements
work routines and appropriate
Disabilities?
clearly, concisely and simply;
work behaviors;
showing the person the job;
encourage co-worker
The ADA encourages
Adjusting length of interview
the
involvement
ongoing
in
to maximize applicants ability
reasonable
accommodation
support, if needed.
to remain attentive and
process to be an informal,
decrease stress level;
interactive process which starts
It is most helpful if the employer
a quiet,
Interviewing in
with the employer and the person
or supervisor takes time to orient
informal, distraction-free
with the
disability jointly
the employee to company rules as
environment;
exploring
best
what
the
presented in the basic orientation
Using multiple formats to
accommodation might be to
training or company handbook;
advertise job postings, such as
support the individual. In the case
being clear about the expected
newspaper
radio
and
of a person with cognitive
level of quantity and quality of
advertising.
it might also be
disabilities,
work, and
method of
the
desirable to involve in this process
performance appraisal should be a
What About Job Training
someone who can serve as an
part of this discussion.
Performance
and
assist
advocate
and
in
communication, such as a job
ADA's
mandate
The
Considerations?
to
family member,
coach,
or
accommodate includes all aspects
rehabilitation counselor.
The
of employment. Another potential
Individuals
cognitive
with
potential employee should, to the
accommodation for a person with
disabilities may have directly
maximum extent possible, be
cognitive support needs may be
relevant work experience, but
central in these discussions.
assistance in fitting in with co-
CORNELL UNIVERSITY
January, 1994
Working Effectively with Persons who have Cognitive Disabilities
Individuals with cognitive
Where Can I Find Resources
State Offices of Vocational
disabilities who aspire to enter
Assist
the
to
Rehabilitation
in
the job market generally have
Accommodation Process?
some sense of their own
The Association of Persons in
limitations. In fact such a sense
Supported Employment (APSE),
A possible resource for both the
is usually a positive indicator
5001 West Broad Street, Suite 34,
potential
employer
and
of success; at the same time the
Richmond, VA 23230, phone
accommodation
for
the
individual is likely to be
[phone].
individual with a disability may
sensitive to the stigma attached
be using supported employment
to his or her limitations and
The Arc, 500 East Border Street,
and job coaching to assist the
eager not to be identified as
Suite 300, Arlington, Texas 76010,
potential employee in the job
"retarded" or "stupid".
817/261-6003 (voice) or 817/277-
The
initial encounter is therefore
0553 (TTY).
application process, learning the
Creating an
very important.
tasks of the job, sustaining and
atmosphere of acceptance and
progressing
job,
in the
trust at the outset does not
facilitating use of existing
prejudice the outcome in either
resources in the job, and moving
direction.
to expanded job responsibilities,
new career opportunities when
While an individual with a
possible, and serving as a human
cognitive disability may require
consultant.
resources
support in the other areas
Additional contact information
mentioned below, it is important
on national resources and
to check with a particular
resources in your area are listed
individual regarding the level
below.
of support that applicant or
employee may need.
Special
Resources
considerations may include:
National and State Resources to
not speaking in so simple
gain further information about
(or loud) and basic a manner
accommodations for persons with
as to offend the individual;
cognitive support needs are:
assigning and matching jobs
This publication has been developed by
that appropriately challenge
ADA Regional Disability and
Susanne M. Bruyere, Ph.D., C.R.C,
and engage the individual;
Business Technical Assistance
Director, and Thomas P. Golden,
speaking directly to the
Center Hotline - [phone]
Training Coordinator, Program on
(voice/TTY).
individual regarding matters
Employment and Disab ility at the School
ofIndustrialandLaborRelations,Cornell
of concern;
TheEqualEmploymentOpportunity
University, Ithaca, New York 14853-3901,
encouraging natural social
Commission, 1801 L Street, N.W.,
607/255-7727 (voice) or 607/255 -2891
relationships with co-
Washington, DC 20507, 800 -669-
(TTY).
workers;
4000 (Voice) to reach EEOC field
when using adaptations, job
The authors would like to gratefully
offices; for publications call (800)800-
modifications or other
acknowledge the helpful suggestions
3302 or (800)-669-EEOC (voice/
made by Dr. Elizabeth Boggs, in the
supports, making sure the
TTY).
development of this publication.
individual with the disability
is included in deciding which
kinds of aids will be useful.
4
January, 1994
CORNELL UNIVERSITY
BEST COPY AVAILABLE
For further information contact:
ILR PROGRAM ON EMPLOYMENT AND DISABILITY
ILR Extension Building, Room 102
CORNELL UNIVERSITY
Ithaca, New York 14853-3901
TTY: [phone]
Voice: [phone]
This material was produced by the Program on Employment and Disability, School of Industrial and Labor Relations - Extension Division,
ComellUniversity, and funded by a grant from the National Institute on Disability and Rehabilitation Research (grant #H133D10155). It
has been reviewed for accuracy by the U.S. Equal Employment Opportunity Commission. However, opinions about the Americans with
Disabilities Act (ADA) expressed in this material are those ofthe author, and do not necessarily reflect the viewpoint oftheEqual Employment
Opportunity Commission or the publisher. The Commission's interpretations ofthe ADA are reflected in its ADA regulations (29 CFR Part
1630), its Technical Assistance Manual for Title I of the Act and in various enforcement guidance.
Cornell University is authorized by the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information,
materials, and technical assistance to individuals and entities that are covered by the Americans with Disabilities Act (ADA). However, you
should be aware that NIDRR is not responsible for enforcement of the ADA. The information, material, and/or technical assistance is
intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the Act, nor binding on
any agency with enforcement responsibility under the ADA.
In addition to serving as a National Materials Development Project on the Employment Provisions ofthe Americans with Disabilities Act
of 1990, the Program on Employment and Disability also serves as the training division ofthe Northeast Disability and Business Technical
Assistance Center. This publication is one of a series edited by Susanne M. Bruyere, Ph.D., C.R.C., Director of the ILR Program on
Employment and Disability at Cornell University.
OTHER TITLES IN THISIMPLEMENTINGTHEADA SERIES ARE:
Working Effectively with People who are Deaf or Hard of Hearing
Working Effectively with People who are Blind or Visually Impaired
Working Effectively with Persons who have Cognitive Disabilities
Workplace Accommodations for Persons with Musculoskeletal Disorders
Working Effectively with Employees who have Sustained a Brain Injury
Employing and Accommodating Workers with Psychiatric Disabilities
Employing and Accommodating Individuals with Histories of Alcohol and Drug Abuse
Employment Considerations for People who have Diabetes
Accommodating the Allergic Employee in the Workplace
Causes of Poor Indoor Air Quality and What You Can Do About It
Working Effectively with People with Learning Disabilities
Working Effectively with Individuals who are HIV-Positive
These and other informational brochures can be accessed on the World Wide Web at:
www.ilr.comell.edu/ped/ada
For further information about publications such as these, contact the ILR Program on Employment and Disability,
607/255-2906 (Voice), 607/255-2891
Cornell University, 102 ILR Extension, Ithaca, New York 14853-3901; or at
(1719, or 607/255-2763 (Fax).
CORNELL UNIVERSITY
5
ec, 3 o
0
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