Job Accommodation Network

Good afternoon Mr. Chairman, Members of the Committee and Distinguished Visitors:

I appreciate the opportunity you have given me to provide remarks on this day, the Tenth Anniversary of the Americans with Disabilities Act, regarding the experiences of the Job Accommodation Network (JAN) staff in "Opening the Doors to the Workplace." JAN, as a service of the President's Committee on Employment of People with Disabilities (now U.S. DOL Office of Disability Employment Policy), is charged with providing accommodation information at no cost to businesses, rehabilitation or educational professionals and individuals with disabilities from throughout the United States. This information is then used by the caller to make appropriate accommodations and remove barriers in the workplace.

In the year 1990/91, immediately following the passage of the Americans with Disabilities Act (ADA), JAN received 14,000 calls by our telephone lines and 18,000 contacts on the toll free bulletin board which was operational at that time. By 1995/96, we had established an Internet site and had begun to receive queries through that medium, in additional to the regular telephone. During that same year, we experienced a dramatic drop in the activity on the bulletin board and officially discontinued that option in June of 1998.

Usage of the internet as a means of accessing the service has continued to increase to a current level of contacts of one and one-half million per year. Persons who use the internet contact find they are able to access extensive resource materials, as well as pose an accommodation question to be answered by a JAN staff member.

Both the number of telephone queries and the number of actual cases or instances where there is a specific accommodation situation in discussion have remained fairly steady at about 40,000 per year for the past three years. When you compare that 40,000 cases today with the 6,500 cases we received in 1990, the impact of ADA on employment issues or on "Opening the Doors to the Workplace" is tremendously exciting.

WHO IS CALLING?

JAN receives calls from three main groups; employers, individuals with disabilities (or their family members) and rehabilitation/educational professionals. In 1990 when ADA was signed into law, about 40% of calls to JAN were coming from employers, another 40% from rehabilitation professionals and less than 25% from individuals. Immediately after the law was passed, the number of calls from individuals dropped to approximately 20% and the number of calls from employers rose to as high as 58%.

In early 1996 there was a significant change. More and more individuals were calling to educate themselves about their rights and potential accommodation options. In fiscal year 96/97, 47% of the calls came from individuals (23% the previous year) and 32% came from employers (50% the previous year). At the same time, queries from rehabilitation and educational professionals dropped to 16% (21% the previous year). This change occurred a few months after the EEOC issued guidance on pre-employment inquiries and medical examinations.

That trend has continued and since 1997, almost one-half of the telephone calls to JAN are coming from the individual with the disability or a family member on their behalf. Indications are that greater numbers of employers are using the internet as their means of contact rather than the telephone system.

TYPES OF CALLS.

For the first three years after the ADA was signed into law, when ADA was discussed by callers, the calls were of a general nature (i.e. what is this law about, how do I learn more, what do I have to do, etc). At that time a little more than half of our calls were coming from employers. About a year after the employment title went into effect for employers with 25 or more employees, we saw a shift in the line of questioning. The incidence of more specific situations took a dramatic turn upward. ADA related questions changed from those about the law itself to queries about whether a specific accommodation option was reasonable, whether a specific individual was covered, or what type of questions could be asked of an applicant.

In 96/97 we saw an increase in calls concerning employment policy issues as they relate to accommodations. This trend followed the issuance of the pre-employment inquiry guidance and continued after the EEOC guidance on ADA and psychiatric disabilities was released. During this same time period (96/97), we saw a rise in discussion related to conflicts between employers and employees. The most common issue presented was a failure to provide an accommodation. Employees/individuals wanted to know what to do if the employer did not provide the accommodation they requested or employers wanted to learn what the law states they must do if they could not identify an accommodation option.

Since the Supreme Court decisions in 1999, calls related to the question of understanding the ADA "definition of disability" have almost doubled.

CAREER PROGRESSION.

The JAN staff also documents the calls with respect to career progression using the categories of new hires, retention or improvement in the workplace for a current employee, persons seeking employment or individuals in a training/education program. In 1990/91, 6% of our calls concerned a new hire, 41% involved retention of a current employee, and 7% were from those seeking employment. In 1998/99 and continuing today, only 4% of the calls concern a new hire, 75% involve retention or improvement for a current employee and 15% are from persons seeking employment. The trend then seems to be that the business community is increasingly concerned with accommodating current employees, that the number of new hire inquiries is slightly diminishing and that the numbers of persons seeking employment are increasing while at the same time they are becoming better informed about accommodations they may need for a successful placement.

TECHNICAL ASSISTANCE TODAY.

Throughout this entire ten-year period, a tremendous amount of effort has been expended by the federal agencies you heard from earlier in the day, to provide information and guidance about ADA. The willingness of personnel from the agencies to understand and respond to questions or issues that may be unclear or perplexing is indeed exemplary.

The Presidential Task Force on Employment of Adults with Disabilities has recently outlined activities designed to increase the focus on employment of persons with disabilities, not only because they can and will work when given the opportunity, but also because the business community is experiencing a tremendous need for such qualified workers in their workplace.

Tremendous advances have also been made in the technology that can be used to assist an individual with a disability in the workplace. Products such as wireless communication pager and TTY devices, speech enhancing tools, furniture designs that are readily adaptable to meet individual needs, speech recognition software that is continuously being improved and computers that are designed not only for greater speed and capacity, but also for more portability and less cost, are of extreme importance to such persons.

At the same time, some of the technology has actually increased some barriers for persons with disabilities. The increased use of voice mail and automated telephone systems can be confusing and very frustrating for some individuals with cognitive or psychological difficulties and not readily useable by persons with hearing impairments without additional technology. The use of digital wireless communication equipment is not compatible with TTY's or amplifiers that are based on an analog system common in the workplace. Some enhancements in computer software cannot be readily accessed by persons who are blind and require screen reading capability.

WHAT NEEDS TO BE DONE?

Improvements in technological equipment by persons who understand the needs of persons with disabilities as well as the requirements of the workplace must continue.

Continued and enhanced efforts by the education system at all levels must occur if individuals with disabilities are to be prepared to enter the competitive workforce.

Persons with disabilities must put forth every effort to receive the skills and knowledge they will need to be successful workers at any level.

The business community must continue to be informed about advances in technology that can be of assistance to them and to their employee population.

Finally, leaders in federal and state government must endeavor to make sound decisions that encompass ALL of their constituents, including persons with disabilities.

Testimony given by Barbara T. Judy, Project Manager, Job Accommodation Network.