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OFFICE OF HANDICAPPED CONCERNS
WILL'S CORNER, OKLAHOMA
(Serving the Disability Community of Oklahoma)
Volume 3, Issue 3
July, 2002
FROM THE DIRECTOR’S DESK
July 2002 the Office of Handicapped Concerns will be starting its
twenty third year serving individuals with disabilities. The Agency
has developed a Strategic Plan that focuses on improving the
information flow in areas to better inform and educate the public on
issues relating to people with disabilities, and to serve its
citizens with the most effective use of the resources available. The
Office of Handicapped Concerns has developed the following action
plan to meet its mandated mission. It is as follows:
1. Provide agency services on informational booths at professional
occupational meetings, educational trainings, technical assistance
to agencies and businesses, press releases and other publications,
website and telephone requests, and referrals from other entities
that assist people with disabilities.
2. Sponsor brown bag lunches to disseminate disability information.
3. Teaching a HRDS course on disability awareness.
4 Promote employment of people with disabilities through support of
the Business Leaders Net work.
In addition the Agency has conducted a statewide needs assessment of
individuals with disabilities and developed a report of those needs.
This report is available on the OHC website
www.ohc.state.ok.us. This
report reflects the needs and concerns of the respondents. I invite
you to review this report.
Finally we are looking forward to another productive year in spite
of the limited fiscal resources and minor changes in our service
delivery mode. Last year this Agency provided over 66,000
individuals with services, and we are anticipating helping many more
this year.
HAPPY BIRTHDAY, ADA
July 26, 1990 was a memorable day for all American citizens. On this
day in 2002 we will celebrate the twelfth anniversary of the
landmark Americans with Disabilities Act (ADA) signed by President
George Bush Senior. The ADA holds a similar meaning for persons with
disability as the Civil Rights Act of 1964 has for persons of color.
Both are federal legislation granting civil rights to minority
groups in the United States. Both acknowledge that major minority
groups in this county have equal rights under our federal
Constitution—equal rights with the American majority. We are all to
be treated equally and fairly.
Let’s look into the ADA a little to get a better idea of what we’re
talking about here. The ADA is divided into Title I, Title II, and
Title III, Title IV, and Title V. Title I deals with employment.
Title II deals with State and local government, and Title III deals
with accessibility of places open to the public. All employers who
have at least 15 employees must not discriminate against hiring and
retention of employees who have a mental or physical disability
which “substantially limits” one or more major life activities.
Major life activities are such things as walking, talking, seeing,
hearing, performing manual tasks, caring for oneself, and learning.
An employer may not ask or require a job applicant to take a medical
examination before making a job offer. It cannot make any
pre-employment inquiry about a disability or nature or severity of a
disability. An employer may, however, ask questions about the
ability to perform specific job functions and how an employee is
going to be able to perform these functions. The good interview
centers around the essential functions of the job.
Employing individuals with disabilities also means that employers
and employees with disabilities are to dialog about reasonable
accommodations which employees may need to perform the essential
functions of their jobs. Requests for accommodations generally
originate with the employee with a disability and are made after the
employer has been officially notified of the existence of a
disability. An employer is not required to make an accommodation if
it would impose an “undue hardship” on the operation of the
employer’s business. If the employer feels this would be the case
when the employee suggests a certain accommodation, then the
employer has the responsibility to come up with another
accommodation which would satisfy the need. Active negotiation
between both parties is appropriate. The ADA recognizes the need to
balance the interests of people with disabilities against the
legitimate interests of employers in maintaining a safe workplace.
This is exactly the issue ruled upon by a June 10, 2002 U.S. Supreme
Court case, Chevron v. Echazabal. Some people with disabilities view
several recent court interpretations of the ADA as eroding the
original intention of the law. In this case, Echazabal argued that
he had a right to choose for himself whether his job working in an
oil refinery where chemicals might aggravate his liver ailment
placed his health at undue risk. Chevron successfully argued that
the job would pose a health risk to the employee and denied the
individual the job.
The Garrett Decision of 2001 is another U.S. Supreme Court
interpretation of the Americans with Disabilities Act which some
people with disabilities view as a narrowing of the scope of the
original law. In Garrett, the court ruled that state employees with
disabilities may not seek monetary damages from the state of Alabama
(or any state) for violations of the ADA in employment. When the
employer is one of the fifty states, the employee with a disability
may not seek monetary damages even if a violation clearly exists.
However, an employee may receive injunctive relief i.e. they may get
their job back with back pay and benefits or receive a needed
accommodation.
Title II of the ADA prohibits discrimination against qualified
individuals with disabilities in all programs and facilities of
State and local government. State and local government must avoid
discrimination against individuals with disabilities, and this
includes services, programs, and activities of government. Under
Title II you have the right to ask that, for example, your local
state office have an accessible entrance or that interpreter
services be available to explain program eligibility requirements to
you if you are an individual who is hearing impaired. The ADA
requires that all new buildings constructed by State and local
government be accessible. In addition, when a State or local
government undertakes alterations to an existing building, it must
make the altered portions accessible.
Title III of the ADA covers public accommodations—private entities
such as restaurants, businesses, doctors’ offices, or parks which
service the general public. Places of public accommodation which
discriminate against persons with disability fall under the
jurisdiction of the Department of Justice. An example of this would
be requiring the use of a driver’s license as the sole acceptable
source of identification to a person who is visually impaired and
does not drive. The availability of handicapped parking spaces for
persons with disability who are utilizing places open to the general
public is also covered under Title III of the ADA.
If you are a person with a disability, you may want to become more
familiar with the provisions of the Americans with Disabilities Act.
If you suspect that you have suffered discrimination on the basis of
your disability, you may call the Office of Handicapped Concerns and
ask to speak with Kara Morrow at 800-522-8224. The U.S. Department
of Justice has oversight over enforcement of the ADA. You may
contact the Department of Justice at 800-514-0301 or 800-514-0383
(TTY) for information and questions about the Americans with
Disabilities Act regarding Title II and Title III. The Equal
Employment Opportunity Commission (EEOC) will accept complaints
regarding discrimination in employment at 800-669-4000.
Recognizing the civil rights of persons with disabilities has broad
application to all Americans by ensuring our ability to pursue our
lives and our dreams and contribute our talents and abilities to the
general welfare. The Americans with Disabilities Act offers people
with disabilities freedom from discrimination. Happy birthday, ADA.
Happy birthday to all Americans. We respect you for who you are. We
recognize you for your unique abilities. We welcome you to fully
participate in the world to the best of your ability.
Post Script
Justin Dart, considered by many to be the father of the ADA, died at
the age of 71 in his Washington, D.C. home in June of this year.
Justin was a longtime leader in the disability rights movement on
the national level. He sought to bring the “full power of science
and free-enterprise democracy on the systematic empowerment of every
person to live his or her God-given potential.” Thank you, Justin
Dart, for your efforts.
Oklahoma 36th state to have Business Leadership Network
A Business Leadership Network is an employer-led endeavor of the U.S
Dept of Labor supported by the U.S. Chamber of Commerce.
A Business Leadership Network (BLN) engages employers in a focused
effort to market the benefits of hiring qualified individuals with
disabilities to other employers. It represents a forum for employers
to communicate their human resource needs to ensure that provider
agencies serving individuals with disabilities are able to meet
those needs, for instance, training for specific shortages in the
labor market. It is a national endeavor of the Department of Labor
supported the United States Chamber of Commerce.
The Department of Rehabilitation Services, the Developmental
Disabilities Council and the Office of Handicapped Concerns through
the Governor’s Committee for Employment of People with Disabilities
have pooled efforts during this last year to gather together a group
of employers interested in promoting employment for people with
disabilities and encouraging other employers to do the same.
The Department of Rehabilitation Services has sponsored and
initiated a website,
www.okbln.jobfit.com to provide a very sophisticated job bank to
match job openings listed by employers giving preference to skilled
and trained applicants who happen to have disabilities. These
applicants have entered their education and experience along with
completing a very complete assessment of their “soft skills”; work
attitudes, preferences, numerical reasoning and other abilities not
detectable from a resume or interview. The employers will provide an
assessment of the abilities of their successful employees performing
their jobs and their work environment and business culture. From the
information listed by both, a perfect “job match” is brought about
in which both employer and employee is pleased with the result. A
real job match keeps the employee on the job solving turnover and
morale problems for the employer.
The Developmental Disabilities Council has joined the Department of
Rehabilitation Services by sharing in the cost of the maintenance of
the website.
The Governor’s Committee for Employment of People with Disabilities,
which is an advisory board for the Office of Handicapped Concerns (OHC),
has lent its support in directing OHC’s efforts to join Department
of Rehabilitation Services in contacting employers to become the
steering group for the BLN in Oklahoma. Through these combined
efforts a “Lead Employer” has been found which has volunteered to be
the major sponsor of the BLN to form business steering groups, serve
as spokesperson for the BLN, attend the annual BLN national summit
meeting, and encourage prospective employers to get involved.
Stepping up to take this key position is Oklahoma One Call system,
Inc. known as “Call Okie”. (Story to follow.)
The Department of Rehabilitation Services (DRS) sponsored a luncheon
in February of this year where employers and interested agencies
came together as a kick off event to interest employers in becoming
part of the BLN movement. DRS also sponsored a Job Fair in April for
people with disabilities to acquaint employers with qualified
applicants for their jobs. Thirty five employers and 400 plus
applicants came together at that job fair. Both groups were pleased
with the opportunity to meet each other.
Department of Rehabilitation Services and the Governor’s committee
on Employment of People with Disabilities have continued to contact
employers in Oklahoma City and Tulsa. At last, with a Lead Employer
and 15 employers to make up a steering group, the BLN is holding
their first organizational meeting on July 18 of this year.
Profiles, Inc a participating employer, who provided the technology
and profile expertise for the website, is sponsoring their first
meeting with a luncheon. At this luncheon, Carol Dunlap, Manager,
Business Leadership Network, Office of Disability Employment Policy,
will attend from the USBLN in Washington D.C. to give the group tips
on being an effective force in the state for the employment of
people with disabilities. The Oklahoma BLN will encourage employers
to hire people with disabilities through the website
www.okbln.jobfit.com which
is furnished by the Department of Rehabilitation Services.
People with disabilities can help with this effort by entering the
website and completing their application process including the job
survey profile. The application is not complete until the survey is
completed. If you do not have access to the internet, check with
your local library or your Department of Rehabilitation counselor.
Interesting Fact:
Steve Hanamura who gave the keynote address to the June 18-19
Transition Conference in Oklahoma City talks about empowerment,
“Believe in the individual with disabilities, even when they don’t
believe in themselves—sometimes because they don’t believe in
themselves.”
Steve also says there are now 54,000,000 Americans with
disabilities. (This compares with 43,000,000 at the time of the
signing of the ADA on July 26, 1990.)
Oklahoma One-Call System, Inc.
WHEN YOU “CALL OKIE’, WHO ANSWERS THE PHONE?
One Call can save lives, property, costly delays, call
1-800-522-6543 before you dig.
Oklahoma City, “CALL OKIE” is a highly technical communications
center in Oklahoma City that links home owners, residents, ranchers,
farmers, excavators, and anyone who digs to owners of underground
facilities.
Oklahoma One-Call system, Inc. (CALL OKIE) is a non profit
corporation funded by underground facility owners and created in
response to the Oklahoma Underground Damage Prevention Act of 1982.
The mission of “CALL OKIE” is to provide quality underground damage
prevention and communication services for the excavators, operators
and owners in the state of Oklahoma. Members of Oklahoma One-Call
include over 750 businesses, corporations and companies that own
communications, gas distributions, gas transmission and gathering,
electric power, product pipelines and water/sewage lines underground
where you cannot seem them.
“CALL OKIE” in a year handles over 550,000 inbound calls resulting
in over 3,000,000 outbound messages to Oklahoma One-Call member
companies notifying dig site locations so that they may be marked so
you can dig safe.
After a toll free call requesting that a property be marked for
underground facilities, members of Oklahoma One-Call will mark their
lines or inform that no facilities are in the area scheduled for
digging. There is no cost to this service.
Everyone benefits from this one call: operators, excavators and the
public. This one call starts a process that can prevent deaths,
injuries, damage and expensive repair bills.
Needless to say, the person receiving these calls has a very
responsible job to get complete and accurate information and make
the correct responses which send out those outbound messages to
member companies.
Recently, Doug MacMillan, Executive Director, Barbara Hunt, Mgr. of
Operations, Debbie Ramsey, Asst. Mgr. of Operations, Nicole Martin,
Technical Services met with Patricia Garrett, Dept of
Rehabilitations and Marilyn Burr, Office of Handicapped Concerns in
an effort to find responsible, dependable and qualified applicants
for present and future openings in “CALL OKIE “ call center.
The “CALL OKIE” staff took Garrett and Burr through their facility,
explaining the essential functions of the job, showed them the
technical equipment used and let them watch employees in the call
center at their duties.
The “CALL OKIE” staff led by Doug MacMillan, is united in their
enthusiasm for filling their present and future vacant positions in
their call centers with people with disabilities.
In a report to their Board of Directors, MacMillan states:
“Oklahoma One-Call has been working with the Department of
Rehabilitation Services and the Governor’s Committee of Employment
of People with Disabilities through the Office of Handicapped
Concerns in an effort to place candidates through these agencies
systems. This is an exciting opportunity providing opportunities to
a job segment with advantages to Oklahoma One-Call. These include:
• Long standing, outstanding track record for employee retention—the
agencies boast an 85% success rate after 5 years! This means that
people placed using their process have stayed on the job over 5
years 85% of the time.
• Increased labor pool with superior screening tools (newest and
greatest)—The Department of Rehabilitation Services provides a
screening tool that uses the base competencies of the Customer
Service Representatives to review their pool of candidates. This
service is provided at no cost, and an estimated value is over $300
per candidate. The pool of candidates will have the basic skills
already trained and tested.
• Cost assistance with training of DRS candidates
• Center energized with planning – the people from the state
agencies have been very good to work with. They have brought teams
into One-Call to view operations and gather information.
In conclusion this is an excellent opportunity for One-Call to gain
outstanding long term employees, offset some training costs, receive
some goodwill press and improve staff skills and commitment.”
MacMillan will begin his term as Lead Employer for the Business
Leadership Network with hiring three people for the call center that
have the skills he is requiring and who are found through the Jobfit
process. Oklahoma One-Call Systems, Inc. will use this system
exclusively for these openings. They will not be accepting phone
calls or resumes from other sources. This is only the beginning of
success on the job for people with disabilities through the Oklahoma
Business Leadership Network from the website,
www.okbln.jobfit.com.
QUOTABLE QUOTES
Question—If a butcher is five feet eight inches tall, what does he
weigh?
Answer—He weighs meat, of course!
THE BARTLETT HOUSE
Oklahomans who use a wheelchair as their primary means of mobility
are often painfully aware of the difficulties they experience in
maneuvering through their own homes. Heavy pile carpets, narrow
doorways, high cabinets, and inaccessible bathrooms are only some of
the many barriers faced by the person who uses a wheelchair. And
these barriers are in their own home before they even begin to get
into the public domain. For those of you who have longed for a home
which is more accessible to you, you may want to visit the Bartlett
House in Stillwater, Oklahoma to get some ideas for your wish book.
When we think about an accessible home, we frequently think of a
ramp to get us up to floor level of our homes. After this, we
sometimes think of a widened doorway to facilitate our comfortable
entry. Beyond these simple architectural modifications, most of us
rarely even dare to dream. But someone did dare to dream, and they
went even further than this. They built a fully accessible home—the
Bartlett House in Stillwater. Let’s go inside for a visit.
“Hi, Sherry.”
“Will, I’d like to introduce you to my husband, Scott Henderson.”
“Welcome to the Bartlett Independent Living Laboratory.”
“I like this entryway with the main door which looks like you may
have opened it from a switch. Is that what you did?”
“People are generally surprised how the door suddenly swings open,
and here I am. Did you notice the 36”-wide doorway? The wide
doorways are throughout the house. And there are a number of other
common features. All floor surfaces are non-skid tile except where
there is a ¼” tight weave, low-pile carpet without padding. And look
at this outlet. All electrical outlets are a uniform 20” above the
floor for convenience of a person in a chair.”
“I never even thought of that.”
“Most people don’t think of all the barriers in their homes until
they or a family member begin to use a wheelchair and it suddenly
becomes very real. This is a small bathroom off the entryway with
access to the east bedroom. It has a standard tub with a transfer
bench and scald guard temperature control on the showerhead and
faucets in the sink over there. Oh, and the grab bars by the commode
and in the tub are reinforced to hold 250 lb.”
“Yea, I wouldn’t want to bet my life on that bar and have it fail.”
“This is the east bedroom, but we use it for an office now. All of
our work surfaces, file cabinets, and overhead shelving are on
adjustable brackets to permit lowering for use of a person in a
chair. And the pullout computer keyboard tray allows a 30” knee
clearance. Notice that there is an outside entrance from this room.
There are actually four outside doors in the home with a fire alarm
pull-switch at each exit and a package shelf located outside to hold
the groceries for you as you open the door.”
“I’ve got to admit I never thought of that little convenience. Now
is this the living room?”
“Yes, and look at these window treatments which I can open and close
with a flip of the switch over there.”
“Looks like there is plenty of space around furniture to negotiate
wheelchair movement into the dining room. What’s this?”
“That is the Power House control panel which gives me the ability to
control multiple lights and appliances from one switch on the wall.”
“Cool.”
“The kitchen features cabinets with trays which slide out and permit
you to view all the contents of the cabinet from a seated position.
Oh, and notice that the stove top is lower for convenience of a
person in a chair.”
“What’s that mirror-like gadget tilted over the stove?”
“That lets you watch your food while it’s cooking so you don’t burn
anything.”
“Awesome.”
“This laundry room has a front-loading washer and dryer. Again
notice the work surfaces on brackets which adjust to the height of
the person using them. Convenience is everywhere in this house.”
“These look like the standard paddle-style sink faucet controls in
this master bathroom. I am familiar with that feature.”
“Did you notice the door opens outward and has a handle in the
middle of the door as well as the lever handle in the traditional
place?”
“I don’t get it.”
“These handles in the middle of the door at convenient height for a
person in a wheelchair allow you to pull the door shut or push it
open without having to reach way over to the regular handle. You may
have noticed these bar-handles on other doors as well. It’s a
low-tech feature which is really nice to have. And this bathroom is
equipped with a five’ square roll-in shower. Come on over here, and
let’s look at the master bedroom . . . That is actually an hydraulic
lift. This sturdy, square-metal bar fits into that cavity in the
floor, and it has this rod which fits straps which go around your
body to transfer from your chair into bed. And speaking about the
bed, it is connected to power that will actually shake the bed in
event of a fire. Emergency notification and lots of outside doorways
let you get out in a hurry if you need to. What do you think, Will?”
“I think I would see the world from a very different perspective if
I were in a chair, and I think I take a lot of things for granted.”
Sherry and Scott Henderson run a day-treatment mental health program
for seniors in the Stillwater area using the Bartlett House as the
location for their program. It offers a therapeutic, home setting
during the day for older persons seeking relief from depression or
other disorders. If you would like to tour the Bartlett House, call
the Henderson’s at 405-744-0450. The house is actually owned by
Oklahoma State University and is located at 618 North Monroe in
Stillwater, Oklahoma.
"Self discipline is Self care."
Anonymous
MARK YOUR CALENDAR
August 23, 2002 The State Office of Handicapped Concerns is
sponsoring a brown bag lunch in the Community Room of Shepherd Mall
in OKC from noon to 1 p.m. Sheryl Mapes of the State Health
Department will be talking about “Sexuality and Disability”. Bring
your lunch and we’ll provide coffee and tea. RSVP William
800-522-8224.
September 12-14, 2002 “A Festival of Hope” at OSU Tech in OKC
sponsored by the Parent Center and dealing with issues in Special
Education. Contact Nancy Suhre for more information at 405-840-9396
ext. 16.
September 20-21, 2002 Oklahoma Amputee Golf Tournament at Coffee
Creek Golf Course in Edmond, Oklahoma. Contact Katrina Shaklee
405-722-8744.
October 25-26, 2002 Family Perspective Conference at Integris
Baptist Conference Center in OKC. For more info, contact Sally
Selvidge 800-426-2747.
Arthritis Self Help Course
Information on the management of arthritis will be offered at the
Creek County Health Department July 29 (918-225-5531). July 30 is
the date of the self help course in the Craig County Department of
Health (918-256-7531). Rogers County Health Department will offer
the same course on July 30 (918-341-3166), and the Canadian County
Health Department will host the information August 21
(405-262-0042). On August 23, the Beckham County Health Department
will present the same information for interested persons
(580-225-1173). The Mary Mahoney Memorial Health Center will offer
the arthritis self help course in Oklahoma City on September 9. Call
405-679-3301 for more information.
People First is an organization for adults with cognitive
impairments. There are 31 chapters statewide. Call Nancy Ward at
918-582-8272 for information about meeting dates and times.
If you have an event coming up relating to disability, let us know
at 1-800-522-8224 and we’ll help you publicize.
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