>> Ray Cebula: Good afternoon, everybody. This is Ray Cebula from Cornell University's Yang-Tan Institute. I want to welcome you to today's webinar. We are very happy, privileged, and honored to have Commissioner Chai Feldblum with us from the EEOC, Equal Employment Opportunity Commission and she's going to take us through a lot of great information that's going to be necessary on your journey to work. It could be necessary, it could not be necessary. But we want you to have this information in any case. So, I will take you through some technological slides in order to get you familiar with what's going on today and how we are operating. We are on a webinar. You have the webinar console in the right hand side of your screen. It will allow you to ask questions, there is a Q and A box. And, as you can see at the top of your webinar console, there is a Q and A button. If you push that Q and A button or click on it, it's going to open the Q and A box. You can type in your questions, your concerns, hit send and they're going to appear on Jamie's [assumed spelling] desktop and she will relay them to us. We are going to take questions, but we're going to take them at the end of the presentation. And there's also going to be a Facebook Q and A afterwards. So, if we don't get to your question, bring it to Facebook. We have hundreds of people online right now and we're not likely to get to all of the questions. Don't fear. Either bring them to Facebook or let us know the questions by some of the other routes that we're going to give you. And we will be sure to get answers for you. Now you have been connected today by your computer on the speakers on your computer. If, in fact, you do lose connection, if the weather causes your internet to go a little crazy, you can click on the audio box at the top of your webinar console and it will allow you to click, "I will call in." That's going to allow you to dial in and listen. You can watch the slides on the screen. Or, if you lose everything, just listen in on your phone. Now, I'm going to go ahead and give you today's phone number. It's a toll free number, it is 855-749-4750. It will ask you for an access code and that access code is 644040628. There is a closed captioning service available today and that can be found at www.ilr.cornell.edu/ edi/captions.cfm? activity_id=4108. Now you did receive the PowerPoint, an accessible pdf, and text formats that were attached to the link you received along with your confirmation. Now, as far as accessibility issues go for the webinars, we try very, very hard to make this service accessible to as many people as possible. If you do have an issue today, we want to know about it. So, please let us know. You can either type something into the Q and A box or send an E-mail after today's session. And better than just letting us know that you had a problem, if you're aware of a solution, if you're aware of some fix, some kind of program that we could use that would be more accessible than what we're doing now, let us know that too. Now, this webinar, presentation, the transcripts and the recording will be available online in approximately 2 weeks. We like to say it's going to be available before, but we need 2 weeks, particularly during the summer time with schedules. And it will be available at wwwilr.cornell.edu/edi/ m-wise-webinars.cfm. We will, as I said, have a Q and A session to talk about your questions and answers. If you cannot access that Q and A box, or want to send us a question by chat, there's a chat function here too. We'll try to monitor that. Also, E-mail webinars@choosework.net. And we will get your questions during today's live session. After today's webinar, if you have a question, if something bursts upon you this evening or tomorrow, you can write, at any time with any question, at support@chooseworkttw.net. That's support@chooseworkttw.net. What that's going to do is allow us to get your question to the proper person and we will be sure to get you an answer. Now, welcome and introduction is being done by myself. I'm going to talk to you a little bit, and very fast, about the ticket to work. Then, we're going to move into the EEOC presentation. It's United States Equal Employment Opportunity Commission and, as I said, we have Commissioner Felblum with us today who'll take you through these topics; the ADA and employment, what are your rights, and what are your responsibilities? Other protections that are going to be available to you as an employee or someone applying for a job, what happens if you experience discrimination? What can your first steps be and what should you do after that? Other resources? I'm going to take you through some additional resources that we have available to you to get those questions answered and then we'll go right into our question and answer session. And, hopefully, we can stump Commissioner Feldblum, that's the game today. All right, now before we get to Commissioner Williams, I have some questions for the audience. And they're just going to help us know where you are, where you came from, how you found out about us. So, if you could, let us know how you learned about today's session. Was it via E-mail, Facebook or Twitter, was it a website or family or friend or some other way? Give you a few seconds to get those answers in. And I'd like to get a good percentage here, I can see how many people are submitting an answer. As soon as I get up there, a couple more. All right, we'll close that one and we'll wait 20 seconds to my next session. [ Silence ] 5, 4, 3, 2, 1. This one's an easy one. What is your gender? Male or female? [ Silence ] All right. We've got our critical mass of people here. We're waiting our 15 seconds. I never know whether the machine's going to make me wait or not. But, today, it's making me wait. And here we go. What is your age? Are you 18 or younger, 19 to 25, 26 to 40, 41 to 55, 56 to 65, or 66 and older? Oh that was real fast, thanks. [ Silence ] And we're coming into our 6 seconds. 3, 2, 1. And the last question we have for you. Sometimes we realize that there are other people with you at your terminal. In order to give us a true number of who's paying attention, could you let us know how many other people are with you. Besides yourself, how many other people are with you today? [ Silence ] All right, thank you very much. That information helps us a lot with getting information out to folks and finding out who's listening so we can direct our future webinars. Thank you. Now, we're always happy to hear from Commissioner Williams. Commissioner Williams is the Associate Commissioner at the Social Security Administration and he is with the Office of Employment Support Programs. Everything that has to do with returning to work comes out of the Commissioner's office and he has a message for us. So, Jack [assumed spelling], if you could cue up that video. [ Background Noise ] [ Music ] >> Bob Williams: Hello and welcome to today's webinar. My name is Bob Williams and I am glad to be a Commissioner for Employment and for the Social Security Administration. [Unintelligible] SSD or SSI who want to [unintelligible]. My view is this webinar will alert [unintelligible] to become employed and reap your earnings [unintelligible] on disability [unintelligible]. [ Silence ] [ Unintelligible ]. But I also want you to know that having a disability no longer [unintelligible] and greater financial security. [Unintelligible] financial independence. I hope this webinar will [unintelligible]. Thank you for joining us. [ Music ] [ Silence ] >> Ray Cebula: Okay. Thank you, Commissioner Williams, it's always great to hear from him. He is a big supporter of folks who are trying to go to work and leave the disability worlds. And, like him, I am coming from a place where I believe everybody has some ability to work and we should all use that to better ourselves. Regardless of whether it's full-time or an hour a week. So, let's again, talk about what you can expect from this presentation today. We're going to talk about Social Security's Ticket to Work Program. We're going to give you lots of information on the EEOC, the Equal Employment Opportunity Commission. We're going to talk about the Americans with Disability Act, the ADA. And we're in a celebration week for the ADA, it's the anniversary week. And we can find more information. What is the Ticket to Work? Now, the Ticket to Work, it's very important to know that it is free and voluntary. It's a program to assist Social Security/Disability insurance and supplemental security income beneficiaries who have a disability, go to work, go back to work, enter the workforce for the first time, or increase their current work activity or work hours. It is, again, free and voluntary and can provide you with a lot of necessary supports whether that be training, whether it be education, whether it be durable medical equipment. There are lots of potential things that can happen with that ticket. But there are representatives at the Ticket to Work helpline and they can help you understand how this program can work for you. Everybody's situation is different. So, everything that the ticket has is going to apply to everybody a little bit differently. What we want you to do is talk to somebody, talk to an expert at the Ticket to Work helpline and call 866-968-7842 or for TTY, you can contact 866-833-2967. Another possibility is to visit the Social Security website, wwwsocialsecurity.gov/work. You can find out everything you need about the Ticket to Work and that's a good, real safe way to get information because no one's going to know you're there. Again, you're not obligated to do anything. You're just obligated to find out what you can do for you. Now, when you're ready to go to work, the Ticket to Work Program is there to help. As Commissioner Williams said, everybody between 18 and 64 is ticket eligible. You're not going to have a paper ticket, they are virtual. But if you're ready to earn more money, the Ticket to Work and the work incentives that are available can help you improve your earning potential. If you need the personal fulfillment that comes from work, the Ticket to Work can give you the assurance and stability you need to feel confident while you pursue employment. Nobody wants to pull the rug out from anybody when they're trying to enter the workforce and get back to work. So, there are lots of protections to make sure that doesn't happen and you don't have to worry about your benefits and your healthcare. You can worry about going to work. If you want to be able to get benefits back if your job doesn't work out because of your disability, the Ticket to Work and Social Security Work Incentives are going to put you on the fast track back to receiving benefits through a program called Expedited Reinstatement. Your benefits can be turned on immediately. If somebody were to apply for EXR, as it's called, today you would likely receive your first provisional benefits check in September. Benefits are coming back real quick, it's a safety net after you have gone to work and lost benefits because you went to work. Now, if you are overwhelmed because this webinar's going so fast and you don't know where to turn or don't know where to begin, you don't have to worry about that either. Because the Ticket to Work and all of the work incentives will be there to connect you with people, resources, and services you need to develop a work plan. And it is very much a plan based upon your desires, based upon what you feel you need. Now, building an employment team is the best way to begin. And you will have a team of people behind you during this entire return to work journey. There is no wrong way to start building your employment team. You can start by talking with and expert at the Ticket to Work helpline. Same number I just gave you, 866-968-7842 or for TTY, 866-833-2967. You can listen and learn more about the Ticket to Work by reading the blogs, taking a look at the success stories on the blog, and read some more information at wwwsocialsecurity.gov/work. Again, a real easy way to learn about this ticket and learn how other people have used it in order to succeed on that journey back to work. Find an employment network. An employment network is, sort of, a private vocational rehabilitation agency. They're called ENs. Find one that meets your needs or you can feel free to work with your state VR agency as well. There's some great literature, there are some other webinars in the archives talking about how to pick the right EN for you. All of these ENs work with different types of people. You want a good match. But finding an EN is a great way to start building this team. And stay connected with that team. That team might have a VR worker, a private EN, a benefits planner, an advocate, a teacher, a parent, a spouse. All of those people are part of your employment team who can provide you with support. And stay connected with them. You are the coach of that team, you are leading that team to success. While you explore all of those options, it's up to you to direct the team. Now, I know that was quick. But, remember, there will be other webinars reviewing all of this in much more detail in the future. So, pay attention to those. Right now, I'm really pleased to introduce Commissioner Chai Feldblum who is with the Equal Employment Opportunity Commission. And she is going to take us through an awful lot of very fine information. So, Commissioner Feldblum, it's all yours. >> Chai Feldblum: Thank you so much, Ray. And thank you to everyone who's on this webinar. I want to start by saying that Bob Williams is one of my personal heroes, as well as, a close friend. And Bob has always said that freedom, freedom comes with independence and that means with economic independence. And the best way is, often, with being able to get a job if that's what's possible. So, let's go to the next slide and we're going to start talking about the protections that exist for people who are trying to get jobs. So, what is the Equal Employment Opportunity Commission, or the EEOC? It is a federal agency that enforces employment civil rights laws. We investigate and help settle complaints of discrimination in the workplace on the basis of a number of characteristics: race, sex, age, national origin, religion, disability, and genetic information. So, we are the federal agency that exists to enforce the employment civil rights laws that Congress has passed. And of course, one of the laws that Congress has passed that provides this protection, is the Americans with Disabilities Act. So, next slide. What is the EEOC? You can contact the EEOC if you think you have suffered some form of employment discrimination. So, that's not just disability discrimination, it could be race or sex or religion. Obviously, I'll be talking to you all today about disability discrimination, but the EEOC is available for any form of employment discrimination. And to find an EEOC office, there's this lovely picture for those of you who can see it on the screen. You can also visit www.eeoc.gov/field /index.cfm for a list of the EEOC offices. And at the end of the slides, there'll be some other ways for contacting that'll be on your slide. Okay, next slide. So, we're going to focus, mostly this afternoon, on the Americans with Disabilities Act and the employment part of ADA. And we're going to focus on the rights and responsibilities of people with disabilities. So, taking us to the next slide. As you heard from Ray, this is the anniversary, the birthday week, of the ADA. It is its 23rd anniversary. The Americans with Disabilities Act was originally passed in 1990. And then, the ADA Amendments Act of 2008 fixed some of the problems with the definition of disability that had occurred through court decisions. So, the ADA and the ADA Amendments Act of 2008 gives civil rights protections to individuals with disabilities. The ADA, as amended by the ADAAA, assures that individuals with disabilities have equal access to businesses, to employment, to transportation, to state and local government programs and services, and to telecommunications. The ADA is a broad based law. Title I of the ADA provides protection in employment and so, as you can see, we're drilling down here. And we're drilling down on Title I of the ADA on employment. So, next slide. So, what the ADA does, in terms of employment, is it prohibits discrimination on the basis of disability in a range of areas including employment. It makes employers treat employees and applicants with disabilities as favorably as they treat employees and applicants without disabilities. And we'll go into some of this to have it be clear that it's equal treatment. So, it's treating employees with disabilities as favorably. Sometimes that will require leveling the playing field through accommodations but, ultimately, an employee with a disability and an employee without a disability both need to be able to perform the job equally. And then, third, it says that employees must also provide accommodations to employees or applicants with disabilities when needed and that is the level the playing field aspect of the law. So, in the next slide, the ADA provides both rights and responsibilities. And in order to fully understand the protections offered by the law, you need to be aware of both your rights under the law and your responsibilities. That is the best way to leverage the ADA to ensure that you are treated fairly on the job as a person with a disability. So, next slide. So, what is a reasonable accommodation? Because a reasonable accommodation is the aspect of the ADA that enables us to level the playing field. So, equal treatment of persons with disabilities doesn't necessarily mean treating the person with the disability the same. Because the person with the disability may not be the same in the first place as someone else at that job. It just means treating the person with a disability as an equal with equal dignity and respect. And sometimes, what it means to treat someone as an equal with equal dignity and respect, means providing a reasonable accommodation. And that is what is the core importance of the ADA. So, let's go to the next slide. What is a reasonable accommodation? Well, it is any modification or adjustment to a job or to the work environment that will enable a qualified applicant or employee with a disability to participate in the application process so the person can potentially get a job. And then to perform the essential job duties. Reasonable accommodation also includes adjustments in the work environment to ensure that a qualified individual with a disability has rights and privileges in employment equal to those of employees without disabilities. The key point here is that equality doesn't mean treating people equally as in treating them all the same. It means treating people as equals, equal dignity and respect. And, sometimes, that requires a modification or an adjustment because the person with the disability might have certain needs that need to be accommodated in order for the person to then apply for the job or perform the job. So, next slide. There is a limit to accommodation under the law. One could say if you're going to treat someone as an equal with equal dignity and respect, you should make any accommodation, any modification that will enable the person to succeed at the job. That's not what the law does. The law says an employer does not have to provide accommodations that are unduly burdensome or unduly expensive. The legal term for this is undue hardship and it includes 2 components. If something is logistically going to be too burdensome for the employer or if something's going to be too expensive, the law does not require that the accommodation be made. But that is a very high standard in the law. I call the ADA a stop, think, and justify law. Stop and think about whether something in your application process, something in the way the job is being done, something in the work environment that is keeping the person with the disability from being able to apply for the job or do the job. Stop and think, you employer. And then justify. So, there may be a justification if, for example, an accommodation is unduly burdensome or expensive to change something. But that's the requirement of the law. So, next slide. So, here we're going to start with the ADA and applying for a job. Because that's the first piece of Ticket to Work is there are lots of things SSA and Ticket to Work can help in all the ways that Ray described. But bottom line, it's about applying for that job and getting that job. So, next slide. The ADA, your rights when applying for a job. So, as I said, equal treatment, people with disabilities must be treated as favorably as persons without disabilities. Two, accessibility. Employers must ensure that persons with disabilities are able to apply for a job. This includes providing accommodations to persons with disabilities, within the limits I described, in the application process. So, again, equal treatment does not mean that there isn't a requirement to level the playing field so that the person with a disability can apply for the job. And, finally, confidentiality. An employer cannot ask whether you have a disability except in limited circumstances. So, next slide. And we're going to be going through each of these boxes. So, your rights when applying for a job. Accessibility. An accommodation is any change or adjustment to a job application process or work environment that permits a qualified person to apply for a job. Remember, the ADA is a stop, think, and justify law. An employer might have had an application process that, if used all the time, but that application process stops a person with a disability from being able to apply, the ADA says, you employer, you need to make an accommodation, a change or adjustment to that job application process that will permit a qualified person to apply for a job. So, next slide. Examples of accommodations during the job application process include, provide materials in an accessible format. An employer has always just always had something in written form. Well, someone who's blind is not going to be able to access that. Providing readers or sign language interpreters. If an employer's used to having an application process where everyone who's applying can hear but, in fact, they're applying for a job in which hearing is not necessary in order to do the job, you need to have a sign language interpreter during the application process. Or a reader for someone who's blind. Three, hold interviews in accessible locations. Again, it's a stop, think, and justify law. So the employer's always held the interviews in a place that's not accessible. Well, someone who has a mobility impairment might need a change, a change in the process to enable the person to apply. Again, this is equality because it's not equality to treat everyone equally the same. If some people can walk up stairs and other people can't. Equality is treating the applicant as an equal with equal dignity and respect which means making a modification, hold the interview in an accessible location. Adjusting or modifying application procedures is another example. And, finally, providing extra time on an employment desk. These are all just examples. You, as an applicant, may know what it is that you need and you can ask for anything that is an adjustment or modification to the application process that will enable you to apply, enable you to show you're qualified for the job. So, next slide. Confidentiality. An employer may not ask questions during an interview or on a job application that reveals that you have a disability. So, examples would include, they can't ask, "Do you have a disability?" or "How many days were you sick last year?" That might indicate that there is a medical problem that is a disability. "Have you ever been treated for mental health problems?" may not be asked. What prescription drugs are you currently taking? None of these questions can be asked during an interview or on a job application. Next slide. An employer may ask about a person's ability to perform job related functions. So, for example, if you're applying for a job in which one needs to move things, heavy things, the employer can say, "Are you able to move up to 25 pounds?" Something very specific to the job. Or can you reach or access objects that are 6 feet above the ground? So, an employer can ask job-related function questions. Next slide. Now, in some cases, the disability will be manifest, will be obvious, right? You're coming in and using a wheelchair or you're deaf or you're blind. Sometimes it won't be obvious. You've had severe episodes of bipolar disorder or schizophrenia and it's not manifest. It's the non-manifest disabilities that are, obviously, protected the most from the limitations of questions. If a disability is obvious, an employer may ask if you need an accommodation to do the job. So, that is permitted if the disability's obvious and it's obvious in some way that might relate to the job. An employer may ask if you need an accommodation. After an employer offers a job to a person, the employer can request that the person undergo a medical examination as long as the employer requires all persons offered that job to take that exam. Okay? So, if for some reason--let's say, during the interview, you did talk about some accommodation related to a medical condition. You didn't have to, but if you did, the employer cannot say, "Oh, we just want you to take a medical exam." But if there's a particular job where everyone coming in for that job has to take a medical exam in order to ensure if the person can meet some qualification standards for the job, the employer can require everyone to take that exam. And the employer must keep records from that medical exam confidential. Okay, next slide. Okay, so those are your rights when applying for the job. What are your responsibilities? So, your responsibilities when applying for a job. Qualification. You must be able to meet the employer's legitimate qualification standards. If you're applying to be a lawyer and the employer says, you have to have passed the bar in order to have this job, you have to have passed the bar. So, you must be able to meet the legitimate qualification standards. Notification. If you need an accommodation in order to apply for the job, you must let the employer know that you need that accommodation. You do not need, during the interview, to say if you need an accommodation in order to do the job, okay? So long as you know you can do the job. But you need to notify if you need an accommodation to apply for the job. And, finally, cooperation. If the employer responds to your request for an accommodation in that location process with an alternative approach, or with a request to discuss options, you need to engage with the employer actively to help find the accommodation that works best for both parties. So, next slide, we're going to go through each of these a bit--a little more detail. So, remember, the ADA protects qualified individuals with disabilities. So, you must be qualified for the job according to fair standards established by the employer. This could include education, requiring a certain educational level; experience, past experience; skills or licenses. Next slide. In order to receive an accommodation, you have to ask. Okay, now you can ask for an accommodation at any point in the application process. The request doesn't need to be formal in writing, you just need to say what you need. And a job coach or family member can make the request on your behalf. But, you'll see these things are repeated again in terms of on the job, but they start with the application. You have to be qualified. If you need an accommodation, you have to ask for it. And you don't need any special words, you just say what you need in order to apply. And next slide. After you've requested an accommodation, the employer may need more information or may want to talk about your needs. You want to respond to these requests quickly and truthfully. In the end, the employer may offer you an accommodation that is different from what you requested. So, if the offer does not meet your needs, you need to promptly explain to the employer why it will not work. Get used to thinking about the interactive process about accommodations right at the application stage, if you need it at the application stage. Again, you may not. But these are going to be some key points that will continue on for when you're on the job. Next slide. So, now we're on the job. You got the job. So, now the ADA, your rights and responsibilities when you are on the job. So, next slide. So, here are your rights when you are on the job. Again, equal treatment. People with disabilities must be treated as favorably as persons without disabilities in the workplace. Equal access. Employers must ensure the people with disabilities have equal access to all programs, including trainings and benefits of employment. Accommodation. If an employee with a disability needs an adjustment or modification in order to successfully perform a job, the employer must provide it within certain limits. And confidentiality. An employer cannot inquire into the health status of an employee, except in limited circumstances. So, in the next bunch of slides, we're going to be going through each of these boxes. So, next slide. The Equal Rights Amendment is being treated as an equal with equal dignity and respect and that might mean that, even though the job has always been performed one way, it's a stop, think, and justify. It might be that the employer needs to make some change. An accommodation is any change or adjustment to a job or to the work environment that will permit an employee with a disability to perform a job. An accommodation is part of the stop, think, and justify aspect of the law that creates a level playing field so that all of us can demonstrate whether we are, in fact, qualified for the job. Can do the job. So, let's go to the next slide. Examples of on the job accommodations may include providing some equipment or device in order to enable the person to do the job. It might be modifying some equipment or device after that's been providing. Okay, accommodations is often an ongoing process. It might be providing a modified work schedule. When someone shows up at work, or leaves, because that might be reflective of when they can get to work. It might be working at home. Another example, providing readers and interpreters. These are all just examples. What adjustment or modification needs to be made in order for the person with a disability to be perform the job. Next slide. There is a limit to what employers have to do. An employer only has to provide accommodations that are reasonable, given the type of job and the workplace. This is a pretty low standard, that is, most accommodations will be reasonable. The real defense for the employer is the next one which is an accommodation cannot impose significant difficulty or expense. Again, while these are legal terms, the key part of the ADA is that it requires an interactive process so, together, you and the employer figure out something that is, in fact, reasonable given the type of job and workplace. And will not impose a significant difficulty or expense. Next slide. Confidentiality, okay? The difference between pre-employment and on the job is the following. Pre-employment, the employer cannot ask you anything prior to giving you a conditional job offer. After a conditional job offer, there can be a medical exam so long as it's given to everyone. When you are on the job, an employer cannot force employees to undergo medical exams that might disclose the presence of a disability. It doesn't matter. They can't say, "Well, we're giving it to everybody." Nope. An employer cannot force employees to undergo medical exams that might disclose the presence of a disability. An employer cannot ask employees whether they have a disability or whether a disability limits them in certain ways. Okay, next slide. An employer may ask employees to undergo a voluntary medical exam. Okay? So, if the employer's offering a completely voluntary medical exam, take this, you know, exam if you want to. That's permitted. And an employer may ask employees to undergo exams that are closely tied to a particular job. That is if there is a particular reason to think that someone has a physical or mental condition that is not enabling them to do a particular job. So, there's a reason for the employer to ask the employee to undergo the exam tied to that particular job. That is permitted. An employer may also ask for medical information when that information is needed to confirm that an accommodation is necessary. Remember, as I said, if you need an accommodation, you need to ask for it and an employer may ask for medical information if that's necessary to confirm that the accommodation is required. Finally, information gathered through these permissible medical exams must only be shared with persons who need to know. For example, a direct supervisor. Next slide. So, you've got a bunch of rights under the ADA. You have the right to ask for an accommodation that will enable the playing field to be leveled so that you have the chance to show that you can do the job. You also have responsibilities so, your responsibilities when you are on the job. First, performance. You must perform the job up to the expectations that the employer has established for anyone performing that job. I often say to employers that the ADA, if they really take it seriously, is the best management tool for them. Because I can't tell you how many supervisors do not tell employees whether they are performing up to expectations. It's really quite amazing. But people are conflict diverse so they just don't. Well, that's not helpful. Because if you don't do that for everybody in your workplace, then how do you know if the supervisor is now discriminating against someone based on disability or race or gender? The person with a disability must perform the job up to the expectations the employer has established for anyone performing that job. And that means the employer should be communicating those expectations to everybody. Nobody should have to be in the dark about what the job requires. Second, for the person with a disability, is notification. So, let's assume you've got some good manager there that's actually making it clear what the expectations are. If you begin to experience performance problems and you know those problems are related to your disability, and you know that if you got an accommodation, you could perform better. So, if you're experiencing performance problems related to your disability and need an accommodation in order to perform up to the expectations, you need to notify your employer and request an accommodation. Employers are not expected to have crystal balls. Employers are not expected to be able to read our minds. If we are experiencing some problem relating to a disability and we need an accommodation, we need to ask for it, which leads to the third responsibility which is cooperation. If you require an accommodation, you must work with your employer to determination what accommodation will work best for you and the employer. Okay, so you can figure out what it is you need. Now, in terms of Ticket to Work, less than half of your earnings are counted by Social Security as earned income which may allow you to continue receiving an SSI check while working. Okay, so next slide. So, just digging down a little deeper in terms of each of these responsibilities. So, the first is performance. The first bullet here, the ADA does not provide protection for a person with a disability who cannot perform the essential duties of a job. Because each job has a set of duties which must be performed in order for the job to be accomplished. That principle is what underpins the fact that the ADA is a non-discrimination law. What we are saying to employers is we expect you to treat people with disabilities fairly. And that means, if they cannot perform the essential duties of the job, we don't expect that you are going to be hiring them, right? ADA does not provide protection for a person with a disability who cannot perform the essential duties of the job. But if the person can do the job, then you cannot refuse to hire them simply because they have a disability. And the third bullet is essential to the fact that it doesn't help just to treat everyone the same if we're not all the same to begin with. So, a person with a disability's entitled to accommodations that help him or her perform those duties. But, ultimately, the person must be able to perform the job duties. So, going back to what Ray said in the beginning in terms of finding that support in the employment network and the advice of folks who can help you think out, okay, with my disability, what are the many jobs I can still do because there are tons of jobs that people with disabilities can do. And it's about figuring out each one of us, what is the job duties that we can do including with accommodations. Readers, interpreters, accessible equipment, et cetera. So, performance is the first. Next slide. Notification. So, this is--repeating what I said before, employers, generally, only need to provide an accommodation if they know you need one. So, if you've experienced performance problems due to disability and need accommodation, you should tell your employer right away. Like I said, you don't have to say in the interview if you need an accommodation if you don't think that you're going to. But, when you're on the job, if you discover that you need an accommodation, you should tell your employer right away. Because if you don't tell your employer you need an accommodation, under the law employers do not have to give you a second chance if you have a performance problem. So, and this is--each person, individually, you're weighing your need for privacy but, ultimately, what you want is to be able to perform. And, if you need an accommodation, you ask for it. So, the second responsibility is notification. Next slide. And, finally, cooperation. This is the interactive process, okay? Really if you remember one thing from this in terms of--I know I'm giving you a bunch of law, but the law is all simply a form of explaining stop, think, and justify. So, the employer says, "Well, everyone has always started here at 9:00 am." But you have medication that you take that makes you groggy and you can't start till 10:00 am. Okay, the ADA requires that both the employer and employee work together to find an accommodation that will work. An employer cannot just say, "Well, we've never had anyone start at 10:00." Okay? It's stop, think, and justify. The employer has a legal obligation to try to work with you to find an accommodation that will allow you to succeed at the job. Now, in the end, the employer may offer you an accommodation that is different than what you requested. The employer's allowed to do that. Sometimes accommodations are trial and error. But if the offer does not meet your needs or if you think it would meet your needs, you try it out, and it's not meeting your needs, you need to promptly explain to the employer why it will not work. This is an interactive process, it takes two to tango. Again, the accommodation requests don't have any special legal words attached to it. It can just be, I'm having difficulty doing x, whatever it is, because of my disability and here's what I think might make it easier for me. That is a request for an accommodation that triggers a legal obligation on the employer to work with you. Cooperation is an obligation on both sides, the employer and the employee. Okay. Next slide. So, other protections. So--actually before I go to other protections, I just want to, in terms of summarizing what I said about the ADA, I think the key thing is, in fact, to look inside yourself and figure out what are the jobs that you know you can do. Maybe think ahead of time what accommodations you may need because that might help in terms of, even, just the application process. But more importantly, when you're on the job, to know that you have these rights under the law. Just because something has always been done in a certain way doesn't mean it has to keep being done that way. To know that you have those rights, but to also know that you have the responsibilities. And, in a mutual respect environment which is what we are looking for, the ADA can be incredibly helpful to getting you on a job and, ultimately, keeping you on a job. Okay, other protections. These are other laws, next slide, that the EEOC doesn't--so, we enforce the ADA, Department of Labor enforces the Family Medical Leave Act. So, the Family Medical Leave Act, or FMLA, provides up to 12 weeks of unpaid, but job protected, leave to employees who work for large employers. That'd be employers who have 50 or more employees and who fulfill certain hours worked requirements. So, you have to have been on a job for a certain amount of time before you have FMLA protection. Job protected means that you can't be fired for taking the leave and that you must be returned to the same job, or an equivalent job, when you finish taking the leave. So, next slide. So, FMLA leave can be used for several reasons, but the most common ones relevant here are, 1, if you need to take time off from work to care for a spouse. And, now, with the invalidation of Section 3 of the Defense of Marriage Act, there are gay couples who can now take advantage of this because they will be married. So, it's care for a spouse, in certain states. Care for a spouse, for a parent, a relative, or a child under age 18. Care for the employee's own serious health condition. So, leave if you need to take off time for your own serious health condition. And care for an adult child that is a child over the age of 18 who needs assistance with activities of daily living. And, if you experience an issue related to the FMLA, you can contact the Wage and Hour Division of the Department of Labor. And there are folks there that can take in complaints of discrimination based on FMLA leave. And next slide. The ADA Title VII and Caregiving Discrimination. The ADA protects people who are associated with persons with disabilities who are often caregivers. Okay, so, if you are an employee and you have a child with a disability or a spouse with a disability, you are protected from discrimination on the grounds that you are associating with a person with a disability. Now, people associated with a person with a disability are not entitled to an accommodation for purposes of that caregiving, right? So, you don't get an allowance under the ADA to leave to take care of someone else's condition, though, you do get it for your own serious health condition. But employers are required to treat those employees who associate with the person with a disability as favorably as they treat employees who are not associated with persons with disabilities. So, for example, if there's, in a particular job, the employer allows a mom to go coach a soccer team or allows a dad to go do something at his daughter's school, and there's no adverse effect of that. But then, if someone else leaves to take care of a disabled child or disabled spouse, and that person is treated adversely, that can be a violation under the ADA because you have to treat the caregiver of a person with a disability associating with that person as favorably, or not favorably, as you treat employees not associating with persons with disabilities. And then the next, final slide on caregiving. If an employer discriminates against an employee based upon ideas about who should provide care for a person, then it's possible that the employer's discriminating on the basis of some other protected characteristic such as gender, race, or national origin. So, for example, if an employer is fine about when a woman goes and provides care for a disabled spouse, let's assume. But then, a man wants to take care of a disabled spouse and does the same thing, in terms of leaving at a certain point, but gets discriminated against, that could then be gender discrimination. That the employer has a stereotypical view of who should be providing care. Okay, next slide. So, what if you experience discrimination? So, if described what your rights and responsibilities are, what if you experience discrimination? Well, visit the EEOC hopefully in person or virtually. So, in person, the EEOC has 15 field offices and 38 local offices. You can drop by in person or you can call over the phone. And on the website, you can get all of this information. And you can also visit your state or local employment civil rights agency. The EEOC also has partnerships with state civil rights agencies and, sometimes, local civil rights agencies across the country. Next, you can talk to one of the EEOC's investigators or intake specialists. They will discuss your problem and determine whether you can file a formal charge or not. And if your claim falls under one of the EEOC's statutes and, in this case, let's assume you explain your story and it seems like this could be a case of disability discrimination. And you elect to file a formal charge of discrimination, the investigator will assist you in writing out the allegation. Once completed, a copy of the formal charge will be served on your employer. So, second step is talking to the investigator and, perhaps, filing a formal charge. Third step, next slide. Now, we say here, the EEOC investigator will conduct an appropriate investigation into the allegations. Now, that's a simple thing to say, but I will tell you that we get about 100,000 charges a year and we only have, you know, approximately 1,000 or so investigators, 1200 investigators. So, our job is to conduct and appropriate investigation into the allegations but, often, this takes much longer than we running the EEOC would like it to take. So, sometimes, what will happen is, prior to the investigation, the EEO staff will immediately offer to mediate your dispute. Meaning that you and your employer would meet with a person who specialized in dispute resolution and try to work out a solution to your problem. So, one of the most important things the EEOC can offer you is a chance to have this mediation before any investigation, before any determination that the employer had violated the law. You can actually try to mediate and come to a resolution. And we have thousands of charges that are mediated successfully every year. In other instances, the EEOC will conduct its investigation, either because the employer did not want to mediate or mediation was tried and it didn't work. And it will issue a finding as to whether there's reasonable cause to believe discrimination has occurred. So, then step 4 on the next slide. If the EEOC does not find cause. So, if we do the investigation, but we can't tell whether we think discrimination occurred. And sometimes we'll do that because we just don't have enough time to do all of the investigation. You are issued a letter that says you are free to pursue your claim in federal court. So, again that presumes finding a lawyer because it's very hard to do this by yourself. You can, but it is hard. But, you can either get a letter saying you can pursue your claim. If the EEOC does find cause, we actually then attempt to negotiate a settlement with your employer. And this is different from the mediation. Mediation, as I said, we're not even trying to determine whether there was a violation, we're literally just trying to see if we can help make the situation better. If we investigate and find cause, then we are the entity negotiating the settlement on your behalf. And then, if that settlement fails, again you're free to pursue your claim in federal court. In rare cases, the EEOC will file a lawsuit on behalf of a party. Again, because of resources, we get about 100,000 charges a year, we file only about 200 cases a year. And that's on all types of claims. I will be having on Twitter soon, we are working on the document right now, all of the lawsuits that the EEOC either filed or settled with regard to disability from last July 2012, the 22nd anniversary of the ADA to this July. And that will be available on both my Facebook page, Commissioner Chai Feldblum, and on Twitter. So, you will see that we do bring a fair number of cases based on disability but, again, you know, it's still rare given our resources. So, next slide, I think is the--yes, then on to other resources from Ray. And then I look forward to responding to some questions. >> Ray Cebula: Okay. You can take a breather now. We have lots of questions for you. Okay, I just wanted to remind everybody that we are going to ask the Commissioner questions so get them in using that Q and A box. And just to let you know that there are other resources out there. Where can you get more information on your rights and responsibilities? As the Commissioner told us, this is a two-way street and I do like the tango analogy. It takes two to tango. Job applicants in the ADA can get information at www.eeoc.gov/facts /jobapplicant.html. And Jamie is posting these websites in the chat box for you as well as I'm reading them. And for employment rights for persons with disabilities, www.eeoc.gov/facts/ ada18.html. Where can you get more information about the EEOC or where can you find an office? The offices can be found by locating that website again, www.eeoc.gov/field/ index.cfm. And Commissioner Feldblum is right up with today's technology. You can follow her on Twitter at chaifeldblum. That's C-H-A-I-F-E-L-D-B-L-U-M. So you can follow the Commissioner on Twitter. >> Chai Feldblum: And then I'll be able to see how many people come because, right now folks, I have 3,123 followers. So, we'll see, Ray, what happens after this webinar. >> Ray Cebula: Honest to God, I feel bad now. I just started tweeting about a month ago and I only have 10 followers right now. >> Chai Feldblum: Just keep going. >> Ray Cebula: Yeah, we'll get a challenge going. I'm going to put my tweet up too. Okay, and afterwards, as I said, we're going to have a Facebook Q and A. And I want to let you know how you can get involved with that. If we don't get to your question, that's going to be a great place to ask it. So, you can attend the Facebook Q and A after today's webinar. It's running from 4:30 to 5:30 pm Eastern time. You can view the Facebook Q and A by visiting Facebook, wwwfacebook.com /choosework. To participate during the Facebook Q and A, you need to login to your Facebook account. If you have one, you can use the account you have. If you need to create one, you can do that real fast by visiting wwwfacebook.com/ help/createaccount. And for accessibility and assistive technology on Facebook, you can follow www.facebook.com/ help/accessibility. You can participate via html, if you don't want to use Facebook or are unable to, at http://m.facebook.com/ choosework#!/ choosework?v=feed&_user=0. If you can't access Facebook, you can continue to send your questions to webinars@choosework.net and Jamie's going to catch all of those E-mailed questions. And visit choose work blog after the session to access the Q and A transcript if you're not able to stay with us. There will be a transcript there and, please, check in because a lot of people ask questions that you might be thinking. They're not something you want to ask. And you'll get your answer that way. Now, where can you get more information on the Ticket to Work and what protections are there in place for your benefits, both healthcare and cash while you're making this journey to work? You can visit Social Secutrity's website. It's a phenomenal website at www.socialsecurity.gov/work and you can find your employment network. You can find other Ticket to Work information and work incentives information. And, again, call the Ticket to Work helpline. Now, you can speak to an expert to get information about your particular situation. Because, as we started out, everybody's situation is different. And that Ticket to Work helpline can be reached at 866-968-7842 or TTY at 866-833-2967. And we are going to enter our Q and A session now, but before, I want to give you a few more resources. You can like us on Facebook, www.facebook.com/choosework and you can follow along like you would on somebody else's page. Lots of questions, lots of answers, lots of information. And Twitter at www.twitter.com/ chooseworkssa. And, once again, that Ticket to Work helpline, a great place to start without any obligation. Get some information by talking to an expert at 866-968-7842 or for TTY users, 866-833-2967. So, you know where to find us now. Now, I do want to remind you that, once we shut down the webinar, a survey page will come up on your computer screen. We really appreciate it if you fill out that survey for us. It'll only take a couple of seconds of your time. And, Commissioner, if you're ready, I'm ready to ask you some questions. >> Chai Feldblum: I am ready for you, Ray. >> Ray Cebula: Okay. How do you know if you're covered by the ADA? If I'm on SSDI, can I assume that I'm covered? >> Chai Feldblum: Yes. That is a very simple question. I'm glad it was asked though. As I said--as I noted before, the courts had really, you know, messed up the definition of disability under the ADA which is why we needed to do the ADA Amendment Act of 2008. So, actually many, many people in this country today are covered by the ADA, even if they don't think of themselves as a person with a disability. So, people with anxiety disorder and people with cancer and people with heart disease, all of these folks are actually covered under the ADA right now as a person with a disability. And, therefore, have the right to an accommodation if they need it. If you're on SSDI or SSI, you have a type of medical condition that is significant enough that, I think, there's just no question that it would count as a disability under the ADA. And, actually, it might well be that if you have that type of significant disability, it might also qualify you for affirmative action with the federal government and with federal contractors. So, the ADA is a non-discrimination law which means that you, as I said, are treated as an equal so you get the chance to get an accommodation. There's a heightened obligation on the federal government and entities that have contracts with the federal government that they actually have to engage in affirmative action for people with disabilities. There, the targeted disabilities is a smaller category, but I actually would think that most people on SSDI or SSI would also fit into that category. So, yes, I think you can be sure that you're covered under the ADA if you've been on SSI and SSDI and are trying to get back into work. I think you might also qualify for affirmative action and preferential treatment by the federal government and by government contractors. >> Ray Cebula: Okay, thank you. Does the ADA only apply to employers of a certain size? >> Chai Feldblum: Yes, the ADA applies only to employers with 15 or more employees, one five. That's because the ADA follows the Civil Rights Act of 1964. The first civil rights law that we, at the EEOC, enforced and that was limited to employers that had more than 15 employees. So, unlike the Family Medical Leave Act which applies to employers that have 50, five, oh, employees which is much larger, the ADA and the other civil rights laws apply to employers with 15 or more employees. >> Ray Cebula: Okay. And we have a very practical question here. How much does it cost to have the EEOC mediate a dispute? >> Chai Feldblum: The mediation is free so, it costs nothing. I mean, basically, one of the things that the EEOC does is provide, essentially, 3 mediation services in employment discrimination cases. Now, your employer has to agree to participate in the mediation. So, what happens is if you file a charge of discrimination, that charge goes to the employer. So, a key thing is, you know--the best is if you can resolve things in the workplace first without having to use the legal system. But if you've tried and you cannot get a resolution, maybe because the employer hasn't sat in on this phone call and doesn't realize that it has responsibilities under the law, as well as, rights. You can go to the EEOC, that charge will be filed with the employer so then, it's not anonymous, right? But the employer, in most cases, the employer will be given the opportunity to come in for that free mediation. And, as I said, a lot of employers do take up that offer, but some employers don't. And if the employer doesn't, then basically, it goes back to the investigation stage and that's where I am sorry to report that it can just take way, way more time in that investigation than I would like to see. >> Ray Cebula: Okay. I just want to remind everybody that we are trying to take advantage of the Commissioner as much as we possibly can. So, we're not going to respond to your questions about the Ticket to Work and we invite you to contact the helpline, to send us an E-mail, or use our archives to look and watch one of the general Ticket to Work webinars. Okay, I think I have 1 more legal type question before I get into some general questions about some different disabilities. Can you still file a discrimination complaint with the EEOC if you've already accessed your state's system? >> Chai Feldblum: You don't need to file with the EEOC if you've accessed your state system because, once you've accessed your state system, that charge is dual filed automatically with the EEOC. So, if you go into your state Human Resources Commission and you file a charge, that charge is automatically in the EEOC's computer system as well. We have a work agreement with that state or local commission in which they investigate the claim and offer mediation or, you know. And they decide whether there's cause or no cause. So, once you have filed with that state commission, it's as if you've also filed with the EEOC. But it does mean that, you know, you can't just jump from the state commission to the EEOC because what we've done is delegated to them the authority and responsibility for investigating that case. What we do at the EEOC is do some, sort of, quality control. Any decision that the state commission might make, you know, it is sent to us because, as I said, it's in our computer system. And we do try to do some reviews to make sure that, you know, they're dealing with the charges appropriately. But it is, essentially, once you have filed with the state, your charge is in the EEOC system as well. >> Ray Cebula: All right. Great. And we have a question about the application process. Lots of employers now want applications submitted online. Will the ADA help make adjustments to that process if I don't have, or can't use, a computer? >> Chai Feldblum: Yes. So, that's a very good question. So, the question is, many employers now require you to file online, electronically, does the ADA have any protection for me as a person with a disability if I'm not able to file electronically? So, number 1, if the reason you cannot file electronically is because you don't have a computer, but has nothing to do with your disability, then the ADA is not going to be helpful. And then, what you need to do is go to a library or somewhere where you can get access to a computer. But if the employer's application process--what they have put on the computer, is not accessible to you because of disability, right? It's not an accessible application--computer system, that is a violation of the law. Absolutely. And you should file a charge with the EEOC stating, "I was not able to apply for this job because the electronic system the employer was using was not accessible to me as a person with a disability." >> Ray Cebula: All right. Thank you very much and we have another one about the interview process, I think this is. This person has a medical service dog and she's afraid to take the dog to the interview for fear of immediate disqualification. What is an employer allowed to ask about the dog? >> Chai Feldblum: Well, that's another tough question. So, someone has a medical service dog and is afraid to take the dog to the interview because of, potentially, the questions that will raise. So, I gather this isn't someone who's blind with a service dog because, A, employers are used to service dogs for people who are blind. And, B, obviously if you're blind and that's how you get around, that's what you're going to have to do. But often for people with emotional disabilities, they do need to have their medical service dog. Or it might be epilepsy or some other reason that is not manifest. So, here's the thing. You have a choice. If you need to have the service dog with you for the interview, which you might well need to because it's a stressful situation. The employer, the person who's interviewing you, is not going to automatically know that this is because of a disability. So, they might say to you right there, "Oh, I'm sorry, you can't have an animal here with you during the interview." They are perfectly permitted to say that, right? That's their general ordinary rule. No pets come to the interview. You, then, have the obligation of notification, right? And you say, "Well, actually, I have a disability that requires me to have this dog with me." So, again, that's a scary thing because you're coming out then as a person with a disability in a way that you wouldn't have to ordinarily in an interview. On the other hand, if the only way you can do that interview is with the dog, you know, the employer then does need to let you have that service animal with you. I said dog, but it might not be a dog, a service animal. And if they don't allow you to interview with that service animal, you should absolutely go right down and file a charge with the EEOC. I should also note that individual commissioners can file charges. So, you can, also, when you file a charge, say and maybe there should be a commissioner's charge. But that would require you coming out about your disability. >> Ray Cebula: Or? >> Chai Feldblum: You, also though, don't have to say anything at the interview about your need for that service animal and you can get the job. And then at the job say, "Here's the accommodation I need." There's no obligation on you to say that's the accommodation you will need at the interview. >> Jay Cebula: Okay, that's great. That is a really, really good issue. I enjoyed that one myself. Now, this is an interesting on the job question. I'm reading this as, if somebody's employer provided health coverage that requires an annual physical. Now, if the employer is providing health coverage that requires an annual medical examination, can the employer automatically get that information from the doctor? >> Chai Feldblum: Okay, so this question is, the employer is offering health insurance. As a condition of getting that health insurance, the employee has to undergo a medical examination. Question is, can the employer get access to that medical information? So, number 1, the first question is, can the employer demand that medical examination as part of the health insurance coverage? Probably, yes, because an exception in the ADA that says that requirements connected directly to health insurance, to the underwriting of health insurance, can be required. But I would think it would not be a prudent thing for the employer to get access to that information. I think it's a somewhat close question whether the employer is actually prohibited from getting it because it's all done as a complete exception. But I would say it would not be prudent for an employer to get that information because there's really no need for the employer to have it about anything related to the job. But that's a good question that I'm actually going to take back and discuss with my staff and see if there's anything more that I think we can say about that. >> Ray Cebula: Okay. >> Chai Feldblum: So, excellent questions. >> Ray Cebula: That was a great question. >> Chai Feldblum: As always, I learn from the webinars always. >> Ray Cebula: Exactly. I feel the same way. All right. And I believe we are over time. So, I do want to thank you, Commissioner, for your taking the time with us today. It was great information. There are a lot more questions so we've got to get out of here. Remember that survey's coming up and there is the Facebook Q and A where lots of these questions are going to come up again. So, join us for that. And I just want to say thanks to Jamie for funneling the questions. Thanks to Jeff, in the background, for making the webinar work. And, once again, thank you, Commissioner, for a great time. >> Chai Feldblum: Thank you very much, thanks to everyone on the call.