How to manage conversations around disclosure Niamh Hayes

How to manage conversations around disclosure? Niamh Hayes & Ann Heelan, AHEAD www. ahead. ie | Tel: (01) 7164396 | ahead@ahead. ie twitter. com/aheadireland | www. facebook. com/ahead. ie 1

CONTEXT Numbers of students with disabilities attending third level continues to grow year on year: 2011/2012 = 7, 957 (representing 4% of the total student population) One in four people will experience mental health issues. www. ahead. ie | Tel: (01) 7164396 | ahead@ahead. ie twitter. com/aheadireland | www. facebook. com/ahead. ie 2

Second Level Third Level (Further & Higher Education) Employment www. ahead. ie | Tel: (01) 7164396 | ahead@ahead. ie twitter. com/aheadireland | www. facebook. com/ahead. ie 4

AHEAD The Association for Higher Education Access & Disability • • • Set up in 1988 Membership based organisation Provides information Lobbies for change Operate a learning network www. ahead. ie | Tel: (01) 7164396 | ahead@ahead. ie twitter. com/aheadireland | www. facebook. com/ahead. ie 5

Third Level Employment www. ahead. ie | Tel: (01) 7164396 | ahead@ahead. ie twitter. com/aheadireland | www. facebook. com/ahead. ie 6

Today's objectives To become familiar with legislation To explore disclosure challenges To create a list of supports to help you manage conversations of disclosure www. ahead. ie | Tel: (01) 7164396 | ahead@ahead. ie twitter. com/aheadireland | www. facebook. com/ahead. ie 7

www. ahead. ie | Tel: (01) 7164396 | ahead@ahead. ie twitter. com/aheadireland | www. facebook. com/ahead. ie

Employment Equality Acts 1998 - 2011 Illness or disease affecting a person’s thought processes or perception of reality Where the person learns differently to others Total or partial absence of a person’s bodily or mental functions Definition of Disability Organisms causing or likely to cause, chronic disease or illness. Malfunction, malformation or disfigurement of a part of a person’s body 9

EQUALITY LEGISLATION – When you know what you HAVE to do • Employment Equality Act 1998 - 2004 • Equal Status Act 1998 - 2011 • Disability Act 2005 10

• Under Equality legislation discrimination on any of the nine grounds is prohibited. i. e you cannot treat someone less favourably because of their status/ membership of any of those groups. However. • The Act provides that “an employer shall do all that is reasonable to accommodate the needs of a person with a disability…” • A person can disclose a disability/ request an accommodation at a time of their choosing • An employer is obliged to take appropriate measures to enable a person who has a disability – – to have access to employment (advertising, interviews etc) – to participate or advance in employment (pay, promotion, terms and conditions) – to undertake training • unless the measures would impose a disproportionate burden on the employer. www. ahead. ie | Tel: (01) 7164396 | ahead@ahead. ie twitter. com/aheadireland | www. facebook. com/ahead. ie 11

Reasonable Accomodation • An employer is not obliged to recruit or retain in employment a person who is not fully competent or capable of undertaking the duties attached to the post. However, if this can be facilitated through the provision of reasonable accommodations it must be considered • In determining competence, an employer must act reasonably and objectively • Failure to provide reasonable accommodation can amount to discrimination • The Act allows for the provision of special rates of remuneration, treatment or facilities for persons with a disability, if by reason of that disability employees are restricted in their capacity to do the same amount of work (or to work the same hours) as able- bodied persons employed in the same capacity www. ahead. ie | Tel: (01) 7164396 | ahead@ahead. ie twitter. com/aheadireland | www. facebook. com/ahead. ie

Appropriate Measures/ Disproportionate Burden This includes: • Adaptation of premises • Adaptation of equipment • Patterns of work time • Allotting of work tasks • Provision of training • Integration of resources This does not include any facility or treatment that the person might ordinarily or reasonably provide for themselves. Account shall be taken of the following: § The financial costs entailed § The scale and financial resources of the employers business. § The number of people who benefit from the measures. § Any disruption that would be caused by them. § Any benefit that would accrue to the employer www. ahead. ie | Tel: (01) 7164396 | ahead@ahead. ie twitter. com/aheadireland | www. facebook. com/ahead. ie

Further information on Reasonable Accommodations What must an employer do? • May ask for related documentation. All requests must be based on a clear and legitimate work- related requirement • Cannot ask for documentation that is unrelated to determining the existence of a disability and the necessity for an accommodation • Nor ask for validating documentation when the disability and the need for accommodation are obvious. Must the employer provide the accommodation? • An employer is not required to: – eliminate an essential function of the job; – provide personal use items if they are also needed off the job – tolerate disruptive behaviour or poor performance by a person with a disability www. ahead. ie | Tel: (01) 7164396 | ahead@ahead. ie twitter. com/aheadireland | www. facebook. com/ahead. ie 14

• May an employer tell other employees? • You can advise why a co-worker is receiving different or special treatment. However it is policy to respect employee privacy • Where there is a direct impact on the work of colleagues, they must be fully consulted and involved in its provision. • May an employer ask whether accommodation is needed? • An employer may ask an employee who is known to have a disability if an accommodation is required. • Does an employer have to provide an accommodation with regards to information? • Yes. Access to such information needs to take account of any communication/comprehension difficulties an individual may have. • Does the employer's obligation cease once an accommodation has been made? • The duty to provide reasonable accommodation is ongoing during employment www. ahead. ie | Tel: (01) 7164396 | ahead@ahead. ie twitter. com/aheadireland | www. facebook. com/ahead. ie

Case Study 1 • Discuss! www. ahead. ie | Tel: (01) 7164396 | ahead@ahead. ie twitter. com/aheadireland | www. facebook. com/ahead. ie

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Questions & Answers 1+1=2 www. ahead. ie | Tel: (01) 7164396 | ahead@ahead. ie twitter. com/aheadireland | www. facebook. com/ahead. ie

A systematic approach • • • Why would you disclose? What will you disclose? When To whom How www. ahead. ie | Tel: (01) 7164396 | ahead@ahead. ie twitter. com/aheadireland | www. facebook. com/ahead. ie

Case Study 2 • Discuss! www. ahead. ie | Tel: (01) 7164396 | ahead@ahead. ie twitter. com/aheadireland | www. facebook. com/ahead. ie

Student’s experiences ‘If they say do you need special requirements then I would say yes. In an interview I might do it, I might say it at the end. Sometimes I wouldn’t be sure when to say it…’ ‘It’s a scary thing because you never know the right way to go about it. ’ I would [disclose] but I kind of feel that my case mightn’t…’ be as well heard as someone else…’ ‘It’s better that they know because it gets rid of any frictions or anything that can happen… [gives the employer] a better understanding of me. ’ I don’t think I’ll ever do that again… because of my last place I don’t know if I’ll ever be as open ever again to be honest. ’ I prefer to disclose so there’s no surprises further down the line

“I relearned there should be no concern because a person is in a wheelchair. Concerns should be about individuals, not how they manage to get around. If you’ve to deal with a difficult person, then you’ve a difficult person to deal with’ – the wheelchair is irrelevant. ” The biggest barrier is perception. ” Employer Experiences ‘If I had been aware of that [the disability] at the beginning… it would have served in what I came to realise as time went on; that there are limitations… I would have approached it in a more measured way. ’ “If a company is flexible it can remove irrational obstacles that prevent a person from actually carrying out a job. ” “I didn’t know anything beforehand that would have been nice to know, to have a little bit of beforehand knowledge so to speak… just so you know a little about what the condition is and you’re not completely in the dark about it…” “…it is still rare to work with a person with a disability and there is no reason why graduates with disabilities shouldn’t be in the workforce…”

Contact Details Ph: 00353 1 7164396 E: ahead@ahead. ie W: www. ahead. ie www. facebook. com/aheadireland www. twitter. com/ahead. ie www. ahead. ie | Tel: (01) 7164396 | ahead@ahead. ie twitter. com/aheadireland | www. facebook. com/ahead. ie