Opening Doors:

Empowering people with disabilities

 

A Project of the University of Kansas Center for Research on Learning, Division of Adult Studies

Funded by the Kansas Department of Human Resources

ÓJuly 2000

 

KU-CRL, Division of Adult Studies

Joseph R. Pearson Hall, 6th Floor

1122 West Campus Rd.

Lawrence, KS  66045

Phone - (785) 864-4780

Fax - (785) 864-5728

http://das.kucrl.org

 

Questions or requests for more information can be addressed to our staff:

Gwen Berry  - gwen@ukans.edu

Jean Hall - jhall@ukans.edu

Daryl Mellard - dmellard@ukans.edu

Kathy Parker - kparker@kumc.edu

To request addition copies or alternative formats of this manual contact:

Noelle Kurth - pixie@ukans.edu

 


Contents:

Introduction

Disability Etiquette

Legal Issues

Disclosure and Self-Advocacy

Possible Challenges

Accommodations

Resources

 


INTRODUCTION

 

The information contained in this manual has been developed in response to discussions we have had with service providers, administrators and educators.  The overall purpose of the information is to help you work with persons who have disabilities and, ultimately, to increase their employment success.

 

The first part of the manual deals with disability etiquette.  We heard from many of you that you are unsure of how to interact with people with disabilities.  Hopefully, this section will help to make you feel more comfortable and knowledgeable as you work with increasing numbers of people who have disabilities.

 

The second part of the manual provides information on legal issues as they pertain to people with disabilities in both the service and employment settings.  Employment provisions of the Americans with Disabilities Act (ADA) are discussed, as are the issues of disclosing disabilities and requesting accommodations.

 

Next are sections on various kinds of disabilities, the functional limitations they may result in, and strategies for accommodation.  Finally, we have provided descriptions of various accommodations and assistive technology, and additional resources to utilize in learning more about legal issues, accommodations, and specific types of disabilities.

 

Our hope is that these materials will truly empower you to "Open Doors" for people with disabilities so that they can enjoy the satisfaction of competitive employment and a good quality of life.

 


DISABILILITY ETIIQUETTE *

 

Image how shocked you would be if a colleague referred to someone as "colored" or "Negro." Using terms like "handicapped," "challenged," or "special" to describe people with disabilities is equally as inappropriate and insulting.  The following pages include tips to help you feel more comfortable when communicating with and about people with disabilities.  Affirmative phrases are show in bold print along with examples of negative phrases and explanations of why they are inappropriate shown in non-bold type.

 

WORDS:

Because people are not defined by their disability, but rather the person that they are, use the person-first rule.  For example, "person with mental retardation" is appropriate while "retarded," "mentally defective," or "special"are not.

 

Do not use "confined or restricted to a wheelchair" or "wheelchair bound. " People use wheelchairs as convenient modes of transportation and can engage in activities without their wheelchairs, so saying "person who uses a wheelchair" is appropriate.

 

Refer to persons who are blind as such, not as simply "the blind."  Furthermore, the word "blind" refers to total loss of eyesight, while phrases like "person who is visually impaired" or "person with low vision" should be used to refer to individuals who have some degree of sight.  Do not use the term "non-sighted."

 

"People who are deaf" or "person who is hard of hearing" is preferred to "the deaf" or "suffers a hearing loss."

 

Avoid victimizing or defining a person by a disease. Use "person living with AIDS" rather than "AIDS victim;" "person with epilepsy" rather than "she is an epileptic;" "person who has multiple sclerosis" rather than "afflicted by MS;" "person who has muscular dystrophy " rather than "stricken by MD;" "person with diabetes" rather than "he is diabetic."

 

Do not use term's "handicap" or "handicapped." This word, derived from the phrase "cap in hand,”"refers to a beggar, which stereotypes people with disabilities as needing charity.  Instead of these offensive terms, use " disability" or "person with a disability."

 

Avoid the term "incapacitated" when talking about persons with disabilities.  This term implies that the person is somehow inferior or incapable.

 

Terms like "crippled," "lame," "freak," "grotesque," "deformed," or "defective" should be avoided.  Use the generic term "person with a physical disability" or more

specifically for example "person born without legs" because in fact the person is neither defective nor deformed.

 

Avoid using the terms "normal," "able-bodied," "healthy," or "sound" to refer to people without disabilities. This terminology is inaccurate because it implies that the person with a disability is not normal or healthy in comparison.

 

Group designations such as "the blind," "the deaf," or "the disabled" are inappropriate because they do not reflect the individuality or dignity of people with disabilities.  Again, use "person with disability" instead.

 

Do not say that a person has "overcome" his or her disability. Use adjectives such as successful or productive just as you would for any person.  Similarly, it is also inappropriate to imply that a person is courageous simply because of having a disability.

 

Seizures are episodes in which sudden, unexpected brain disturbance occurs.  People with seizure disorders should not be referred to as "epileptic," nor should they seizures themselves be referred to as "fits."

 

Avoid using the euphemisms "differently abled," "physically challenged," or "handi-capable." These terms are patronizing to people with disabilities.

 

Do not refer to person who are unable to speak or use synthetic speech as "dumb," "deaf-mute," "deaf and dumb," "mute,” or as having a "speech impediment."  These terms incorrectly imply an inferiority or lack of intelligence based on mode of communication.

 

Avoid using "dwarf" or "midget," which people may find offensive.  The term "person of short stature" is preferable.

 

Never use terms "retarded," "backward," or "dim-witted." Instead say "person with mental retardation."

 

Persons may experience psychiatric disabilities such as schizophrenia or depression.  Frequently used, yet inappropriate terms to describe these individuals include "crazy," "schizo," "psycho," "lunatic," "looney," "feeble-minded," "nuts," or "mentally ill." These terms are inaccurate and offensive; use the term "person with a psychiatric disability" instead.

 

Do not use terms such as "slow" or "stupid" to describe people with learning disabilities.  People with LD simply process information differently.

 

A person who no longer lives in an institution should not be referred to as "the deinstitutionalized," for this term takes away a person's individuality.

 

Avoid saying that an individual "admits he or she has a disability." Simply state that the individual "says he or she has a disability," otherwise the implication is that having a disability is wrong and should be kept hidden or unknown.

 

Quadriplegia is a substantial loss of function in the arms and legs, while paraplegia is a substantial loss of function in the legs.  Do not simply use the terms "quadriplegic" or "paraplegic." Use of these terms defines an individual by their disorder rather than by their humanity, instead use "person with paraplegia" or "he or she has quadriplegia."

 

Do not refer to a person with cerebral palsy as "palsied," "spastic," or "a spaz."

 

The chromosomal condition of Down syndrome causes developmental disabilities. Avoid using archaic terms such as "mongoloid" or "mongol."  Instead use, "person with Down syndrome."

 

While being sensitive in your language is important, don't get so worried about everything you say that you end up not communicating at all.  Preferred terms change over time, and some people with disabilities prefer different terms.  When in doubt, ask the person what he or she prefers.

 

ACTIONS:

 

Outlined below are the "Ten Commandments of Etiquette for Communicating with People with Disabilities"* to further help you in communicating with persons with disabilities.

 

1.  When talking with a person with a disability, speak directly to the person rather than    through a companion or sign language interpreter.

 

2.  When introduced to a person with a disability, it is appropriate to offer to shake hands.  People with limed hand use or who wear an artificial limb can usually shake hands.  (Shaking hands with the left had is an acceptable greeting.)

 

3.  When meeting a person who is visually impaired, always identify yourself and others who may be with you.  When conversing in a group, remember to identify the person to whom you are speaking.

 

4.  If you offer assistance, wait until the offer is accepted then listen to or for directions.

 

5.  Treat adults as adults.  Address people who have disabilities by their first names only when extending the same familiarity to all others. (Never patronize people who use wheelchairs by patting them on the head or shoulder.)

 

6.  Leaning on or hanging on to a person's wheelchair is similar to leaning on or hanging onto a person and is generally considered annoying.  The chair is part of the personal body space of the person who uses it.

 

7.  Listen attentively when you're talking with a person who has difficulty speaking. Be patient and wait for the person to finish, rather than correcting or speaking for the person.  If necessary, ask short questions that require short answers, a nod or shake of the head.  Never pretend to understand if you are having difficulty doing so.  Instead, repeat what you have understood and allow the person to respond.  The response will clue you in and guide your understanding.

 

8.   When speaking with a person who uses a wheelchair or a person who uses crutches,place yourself at eye level in front of the person to facilitate the conversation.

 

9.   To get the attention of a person who is deaf, tap the person on the should or wave your hand.  Look directly at the person and speak clearly, slowly, and expressively to determine if the person can read your lips.  Not all people who are deaf can read lips.  For those who do lip read, be sensitive to their needs by placing yourself so that you face the light source and keep hands, cigarettes and food away from your mouth when speaking.

 

10. Relax.  Don't be embarrassed if you happen to use accepted, common expressions such as "See you later," or "Did you hear about that?" that seem to relate to a person's disability.

 

REMEMBER, don't be afraid to ask questions when you're unsure of what to say or do.

 

 

*Ten Commandments for Communicating with People with Disabilities

      produced by:

      National Center for Access Unlimited

      155 North Wacker Drive

      Suite 315

      Chicago, IL  60606


ATTITUDES

Perhaps even more than language, attitudes can influence

 your interactions with people with disabilities.  Even if you personally do not have any of the following attitudes, your clients with disabilities will have experienced them from others, and may thus be wary.  In addition, you will probably encounter them in working with employers.  Some of the attitudinal barriers are:

 

Pity

People feel sorry for the person with a disability, which tends to lead to patronizing attitudes. People with disabilities generally don't want pity and charity, just equal opportunity to earn their own way and live independently.

 

Ignorance

People with disabilities are often dismissed as incapable of accomplishing a task without the opportunity to display their skills. In fact, people with quadriplegia can drive cars and have children. People who are blind can tell time on a watch and visit museums. People who are deaf can play baseball and enjoy music. People with developmental disabilities can be creative and maintain strong work ethics.

 

The Spread Effect

People assume that an individual's disability negatively affects other senses, abilities or personality traits, or that the total person is impaired. For example, many people shout at people who are blind or don't expect people using wheelchairs to have the intelligence to speak for themselves. Focusing on the person’s abilities rather than his or her disability counters this type of prejudice.

 

Stereotypes

The other side of the spread effect is the positive and negative generalizations people form about disabilities. For example, many believe that all people who are blind are great musicians or have a keener sense of smell and hearing, that all people who use wheelchairs are docile or compete in paralympics, that all people with developmental disabilities are innocent and sweet-natured, that all people with disabilities are sad and bitter. Aside from diminishing the individual and his or her abilities, such prejudice can set too high or too low a standard for individuals who are merely human.

 

Backlash

Many people believe individuals with disabilities are given unfair advantages, such as easier work requirements. Employers need to hold people with disabilities to the same job standards as co-workers, though the means of accomplishing the tasks may differ from person to person. The ADA does not require special privileges for people with disabilities, just equal opportunities.

 

Denial

Many disabilities are "hidden," such as learning disabilities, psychiatric disabilities, epilepsy, cancer, arthritis and heart conditions. People tend to believe these are not bona fide disabilities needing accommodation. The ADA defines "disability" as an impairment that "substantially limits one or more of the major life activities."  Whether a condition is visible or not, it still can result in substantial limitations.

 

Breaking Down Barriers

Unlike physical and systemic barriers, attitudinal barriers that often lead to illegal discrimination cannot be overcome simply through laws. The best remedy is familiarity, getting people with and without disabilities to mingle as coworkers, associates and social acquaintances. In time, most of the attitudes will give way to comfort, respect and friendship.  You can do your part by overcoming these attitudes in your own work and helping employers to overcome them as well.

 


LEGAL ISSUES

Contents

1.  Definition of Disability

2.  Public Entities

3.  Communications Checklists

4.  Facility Accessibility Checklists

5.  Employment Provisions of the ADA

6.  Non-Discrimination and Qualified Individuals

7.  Reasonable Accommodations

8.  Undue Hardship

9.  References

 

 

DEFINITION OF DISABILITY

The Americans with Disabilities Act (ADA) utilizes a three-pronged definition of an individual with a disability. Thus, a person with a disability is one who has:

® a physical or mental impairment that substantially limits one or more of the major life activities of the individual;

® a record of such an impairment; or

® been regarded as having such an impairment.

 

The phrase "physical or mental impairment" may include such diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease, tuberculosis, and recovery from drug addiction or alcoholism.  Examples of major life activities include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working.

 

PUBLIC ENTITIES

Title II of the ADA applies to "public entities," including state or local governments and any of their departments or agencies.  Under Title II, public entities must ensure that they do not intentionally or unintentionally discriminate against persons with disabilities.

 

 Integration is fundamental to the purposes of the ADA, and by adhering to these provisions, state entities will meet that goal. Requirements for public entities include:

  ® They may not refuse to allow a person with a disability to participate in a service, program or activity simply because the person has a disability. 

  ® They must ensure that all programs and services are accessible to individuals with disabilities, when viewed in their entirety.

  ® They must ensure that communications are accessible to individuals with a range of disabilities.  Access can be provided through the provision of auxiliary aids and services such as qualified interpreters, assistive listening devices, television captioning and decoders, telecommunications devices for the deaf (TDDs), readers, taped texts, brailled materials and large print materials. (see Communications Checklists.

  ® They must make reasonable modifications in policies, practices or procedures to avoid discrimination on the basis of disability.  For example, if a policy exists to administer a screening or interview in a group setting and a person with a mental health impairment has difficulty functioning in groups, then the policy should be modified to allow a one-on-one administration for that individual.

 

 

Ensuring the accessibility of your offices is an important step in providing effective services to clients with disabilities.  It is important for you to remember that being "accessible" means more than making your facility usable by people who use wheelchairs.  In all of the United States, there are less than one million people who use wheelchairs.  In contrast, four times as many people have serious visual impairments and 24 times as many have hearing impairments.  Thus, you must make sure that your programs are accessible to people with many different types of disabilities.  The following diagrams and checklists will help you to think about ways to do this.  

 

The diagram on the following page illustrates examples of specific access issues in the areas of policies, practices, procedures, equipment, environment, and attitudes.  The second diagram offers solutions to these issues. 

 

The communications and facility accessibility checklists are available to give you ideas on how to ensure that your services are accessible to people with disabilities.

 

Diagram - Categories of Issues

Policies

Practices

Procedures

Equipment

Environment

Attitudes

 

 

Access Issues

Policies

-            No animals are allowed in building

-            Weekly meetings are rotated to different sites

-            A driver's license is required for identification.

-            "Order of Selection."

 

Practices

   -  An oral interview is required of all clients.

-            Intakes, exams, and classes are done in groups.

-            Videos are purchased for use with consumers.

 

Procedures

-            Client must complete all forms.

-            Classes are offered to the public

-            Program approval depends upon certification from other agencies.

 

Equipment

-            Organization has a telephone available to consumers.

-            Consumers use computers.

-            Standard height desks are available for completing forms.

 

Environment

-            Reception area has a high counter.

-            Clients choose their own items from shelves in the back of the room.

-            Building has an audible smoke alarm.

 

Attitudes

-            We do not serve people with disabilities because they have never requested services.

-            People with disabilities could not benefit from our services because we place people in jobs.

 

 

Solutions to these Access Issues

Policies

-            Allow service animals in buildings.

-            Weekly meetings are held in accessible sites close to transportation routes.

-            Alternate proof of identification is acceptable.

-            "Order of Selection."

 

Practices

-            Interview questions are available in written format.

-            Alternative, accessible arrangements are made for people who cannot participate in group settings.

 

Procedures

-            Proxy or office staff members may complete forms.

-            Classes and reasonable accommodations are available upon request.

-            Agency follows confidentiality guidelines.

 

Equipment

-            TDD is available for deaf consumers

-            Keys can be color-coded to access given functions.

-            One desk should have at least 27" under it for wheelchair access.

 

Environment

-            Lower counter or a portion of it to 24-26 inches high.

-            Assistance is given upon request for individuals who are unable to access items.

-            A smoke alarm with visual signal is also installed.

 

Attitudes

-            Education, education, education.

 

COMMUNICATIONS CHECKLIST

If your agency has information that is communicated visually, such as printed materials or forms, you need to consider ways to make that information accessible to people with visual and cognitive disabilities.  Similarly, if you have information that is usually presented aurally (i.e.., must be heard) you need to consider ways to make that information accessible to people with hearing impairments.  And, finally, if you have procedures that require a person to use oral communication (e.g., answer questions in an interview), you must think of alternate ways that a person with a speech can respond. 

In the assessment of communications your office uses, consider communication involved in all aspects of services, including outreach, public meetings and hearings, and day to day activities.  Examples might include:

telephone conversations

video tapes

interviews

brochures

forms

 

The Communications Checklists provide examples of alternative forms of communication that you can use to make your services accessible to people with a variety of disabilities.  Also, keep in mind that many of the strategies for making communications accessible, such as simplifying forms and providing documents in larger print, will make your communications more user friendly for all clients, not just those who have disabilities.

 

For each type of communication, check those accessible formats that your office already has available.  Be sure to consider accessibility of all program communication, not just communication that occurs within your office (e.g. brochures, telephone conversations).  If you can provide the auxiliary aid or service within your office, note this is in the "Provider Information" column.  For example, if you can provide written documents on computer diskette, indicate this.  If your office does not have a certain accessible format available at the time, investigate ways of obtaining it so it will be available if needed and list the provider name and contact information in the space provided.

 

Find out the processing time for each provider so that you can inform an individual how long it will take to provide a requested format.  You may also want to check to see if your regional or state office has standing provider contracts for obtaining any of the formats. Centers for independent living and other agencies listed in the Resources section are also good places to ask about possible providers.

 

After you have completed the checklists, inform the public (in flyers, brochures, advertisements, etc.) that you have alternative formats available.  Establish procedures for timely response to requests for alternative formats.  A person with a disability should not be forced to wait an inordinate period of time to receive materials in an accessible format.

 

Visual Communications Checklist

 

(column one)

Auxillary aid or service:

Large print

Braille

Audio tape

Readers

Computer diskette

Verbal descriptions

Computer adaptation (e.g. enlarged text, voice synthesizer)

Others (list)

 

(column two, to circle)

Currently available:

Yes or No

Yes or No

Yes or No

Yes or No

Yes or No

Yes or No

Yes or No

Yes or No

 

(column three, to fill out, if "no")

Provider Information:

Provider, Address, Phone number, processing time

Provider, Address, Phone number, processing time

Provider, Address, Phone number, processing time

Provider, Address, Phone number, processing time

Provider, Address, Phone number, processing time

Provider, Address, Phone number, processing time

Provider, Address, Phone number, processing time

Provider, Address, Phone number, processing time

 

 

 

 

 


Aural/Oral Communications Checklist

 

(column one)

sign language interpreters

written materials

TDD (Telecommunications Device for the Deaf)

Telephone amplification

Real time captioning

Assistive listening devices

Word processors

Others (list)

 

(column two, to circle)

Currently available:

Yes or No

Yes or No

Yes or No

Yes or No

Yes or No

Yes or No

Yes or No

Yes or No

 

(column three, to fill out, if "no")

Provider Information:

Provider, Address, Phone number, processing time

Provider, Address, Phone number, processing time

Provider, Address, Phone number, processing time

Provider, Address, Phone number, processing time

Provider, Address, Phone number, processing time

Provider, Address, Phone number, processing time

Provider, Address, Phone number, processing time

Provider, Address, Phone number, processing time