Employers covered by the Americans with Disabilities Act (ADA) are required to post notices describing the employment provisions of the ADA and the agency should maintain internal procedures for addressing related requests for reasonable accommodation.  Since employees may not be aware of who to contact for reasonable accommodations, the information should be shared either in as part of position descriptions, the onboarding process It is advisable for employers to have a process in place for facilitating accommodation requests or employee intranet sites for example.

If an individual with a disability seeks an accommodation, generally he or she is responsible for informing the employer of the need. The accommodation request does not need to be in writing, though it is an encouraged best practice.  Employees should feel free to request an accommodation any time the job or disability necessities the need.

Employees must meet the “Definition of Disability” under state or federal statutes and is thereby eligible to request reasonable accommodations.  Information obtained under a disability-related for reasonable accommodation should be collected and maintained on separate forms and in separate files and treated as a confidential medical record. Disclosure of confidential records is restricted.  Information concerning an employee’s disability cannot be in in personnel files.

To facilitate the accommodation process, it is prudent for employers to develop and maintain a detailed description for each job that lists its essential functions and duties. Such descriptions should focus on a job, not a person. For example, a warehouse position may require that boxes be stacked on shelves. The essential function of this job is that boxes be stacked, not that a person lift boxes.  Essential functions may include:

• Specific tasks and assigned to a apposition
• Administrative requirements, such as working hours or location, tools and equipment necessary for successful job performance
• Physical and cognitive requirements, such as lifting or handling multiple priorities
• Productive requirements that include timelines, processes, quality or quantity, health and safety requirements mandated under state/federal occupational statutes.
• Workplace conduct requirements.

When developing job descriptions, take into consideration all aspects of a job. If there are essential functions of the job, they should be included in the job description.

If reasonable accommodations are needed to perform essential job functions, the employer and employee should discuss the employee’s functional limitations and determine where they intersect with his or her duties. Always focus on the employees’ essential job tasks and the physical functions necessary to complete them, not on his or her disability.

Employees and applicants with disabilities have the right to request reasonable accommodations that support equal access to employment opportunities, workplace participation, and job performance under the ADA. Accommodations should be provided unless they would create an undue hardship for the organization.

Undue hardship means an accommodation would create significant difficulty or expense, be excessively disruptive, or fundamentally change the nature of business operations. Determining whether an accommodation creates an undue hardship should involve an individualized assessment that considers factors such as the type and cost of the accommodation, the organization’s overall resources, staffing levels, and the impact on operations.

When cost or resources are a concern, organizations are encouraged to explore alternative solutions and external funding or support resources, such as state vocational rehabilitation agencies, to help ensure employees with disabilities can fully participate and succeed in the workplace.

An agency has the final say on which accommodation is implemented, based on factors such as cost, effectiveness, and business feasibility. However, accommodations work best when both the agency and employee participate in the process and the employee’s needs and preferences have been taken into consideration in making the decision.

Not all accommodations produce the desired outcome. If the accommodation is not working, the employer and employee should start the process again.

Like most sound management practices, the accommodation process is enhanced by collaboration. Moreover, by requiring employers and employees to work together and think creatively about how various tasks are accomplished, it may help uncover strategies that lead to a more positive and productive workplace for all employees.

The agency is responsible for establishing the SESG position, managing the recruitment and selection process, and managing the performance of the employee selected for a supported employment program.

To participate in the SESG program:

• Obtain internal approval and funding to establish a supported employment position.
• Consult with the DSHS/DVR Supported Employment Program Manager on establishment, recruitment, and selection.  The Supported Employment Program Manager coordinates with the DSHS Developmental Disabilities Administration and Health Care Authority (HCA) Division of Behavioral Health and Recovery (DBHR) to assure broad, representative employee participation in SESG.

“Supported Employment,” means employment for individuals with developmental disabilities or other significant disabilities who require on-the-job training and long-term support in order to fulfill their job duties successfully.

As part of the recruitment and selection process, knowledgeable disability professionals will guide the agency in understanding the supports an individual will need on the job.  These professionals will work with the individual and the agency to identify and secure the supports before employment begins. Supports may include peer support, a job coach, a certified counselor, etc.

Individuals eligible for SESG can access the training and support services they need through eligibility for other disability programs, such as Developmental Disabilities Administration or Medicaid. Supports are typically provided by an outside service provider but may also be provided by co-workers as a natural part of the workflow.

Individuals must meet the following criteria to compete for the SESG positions:

• Have a developmental disability as defined in RCW 71A.10.020 or experience a “significant disability” as defined in the Federal Rehabilitation Act of 1973
• Require on the job training and long-term support to perform their job successfully; and
• Have a reliable source of long-term support.

Department of Social and Health Services DVR provides consultation and support to agencies related to the program, including educating agency staff, as well as help establishing SESG positions, recruitment and selection processes.

The SESG Program Coordinator is employed by DVR but works closely with staff with the DSHS Developmental Disabilities Administration and Aging and Long-Term Support Administration, Home and Community Services and Health Care Authority, Division of Behavioral Health and Recovery to assure broad, representative client participation in SESG and assist with overall coordination activities.

The SESG Program Coordinator typically assists a program as follows:

• Instruct and advise agency staff about the SESG program and how to support SESG employees in the work setting.
• Identifying appropriate job duties and job classifications based on the agency’s needs.
• Advise and support agency staff in the recruitment process for candidates, including working with service providers, if needed.
• Instruct and advise agency staff on screening and selection of candidates; and
• Coach and consult with agency staff on working with long-term support providers.
• Consultation with agency staff about permanent SESG employees related to workplace accommodation, modifications to duties, etc., needed to support an employee’s progress and retention.

• Salary and benefits for SESG positions follow the guidelines of any new employee and must be covered within an agency’s existing budget.
• Existing state job classifications are used that align with the job responsibilities.

The SESG program allows agencies to add positions within their existing budgets that will not count against an agency’s allotted full-time equivalent (FTE) positions for the duration of the individual’s employment. Agencies will need to add the NW code in HRMS at time of the SESG hire. The NW Supported Employment code comes from the OFM State Administrative and Accounting Manual (SAAM), and you can locate the NW code in the Employee Group field and the employee’s records.

On the job training under the Supported Employment in State Government program is training, an employee receives at their job setting to achieve satisfactory performance of job responsibilities. Training methods, scope, and provider will vary based on the needs of each employee. Training should be directly related to the employer’s specific job requirements and should be customized to meet any accommodation needs of the employee. The intent of the on-the-job training is to provide ongoing support services necessary to assist the employee with learning specific work duties and performance standards; learning formal and informal site-related expectations; acquiring site appropriate work-related behaviors and understanding employee benefits through the onboarding process. Refer to the employee’s individualized Long Term Support Plan for information on the type of job support the employee will need.

On the job training can be provided by the employee’s supervisor, a co-worker, or a contracted provider. The DVR program manager is available to assist in identifying the training needs of the individual during the appointment and onboarding process. If it is determined that contracted services are needed, the DVR program manager can assist in coordinating these services. Contracted services, if needed, are provided at no cost to the employer.

Long-term support services are often funded by Medicaid based on an individual’s eligibility for disability-related services. Long term supports are often provided by community-based employment services providers who deliver services one on one based on the employee’s needs. The services can be delivered to the work site or at another location, depending on the type of support and the employee’s needs. Generally, services are more intensive at the beginning of a job placement and taper off as the employee gains satisfactory job performance. The long-term supports continue to provide work-related job supports for the length of the employee’s employment. Long-term support services are not a replacement for regular supervision and support for the employee as they learn and perform their job duties on a regular basis.

Several state agencies administer employment programs and coordinate the long-term services with the community organization delivering the service based on the disability type and program eligibility of the applicant/candidate. The DVR coordinator will help you make any needed connections. The hiring agency is not responsible for arranging or paying for long-term support services.

Examples of long-term support may include, but are not limited to

• A job coach who assists the employee with intellectual or cognitive disabilities to learn and perform job tasks, identify workplace support strategies with the employee’s supervisor and co-workers, helps the employee manage their work routine, and provides creative problem-solving as needed.
• A therapist, certified peer counselor, behavioral health supported employment provider or other behavioral health treatment practitioner (e.g., behavioral health support group, medication management, Wellness Recovery Action Plan, etc.) assists the employee with a behavioral health condition to maintain reliable attendance and job performance, develop positive interpersonal relationships with their supervisor and co-workers, successfully adapt to stressors in the workplace, problem solve, and adjust to new or challenging job expectations.
• Natural supports are the people the employee ordinarily encounters at work or at home to help the employee with work routines and social interactions at the worksite. Natural supports can help some individuals maintain job performance.

Funding sources of long-term support may include:

• Developmental Disabilities Supported Employment Providers (Medicaid)
• Behavioral Health Supported Employment Providers (Medicaid)
• Social Security Work Incentives
• Natural Support
• Self-pay by employee

Agencies should follow their internal procedures to establish and fund an SESG position. Existing job classifications already created positions are used for a SESG position (e.g., Agencies can fill vacant positions via SESG, etc.). It is common for agencies to create a list of potential related job tasks and then finalize the list once the candidate has been selected. There is no separate job classification for a supported employment position. Agencies may consult with the DVR SESG Coordinator when developing the list of potential job tasks and drafting the position description. The final position description and record of the position in HRMS should clearly designate the position as a supported employment position by using the NW code. Additionally, the position description should clearly indicate that the employee is required to maintain long-term support to assist the employee with maintaining satisfactory job performance.

Agencies should post SESG announcements through the On-Line Recruitment System (OLRS) like other positions. However, because candidates with intellectual disabilities may have difficulty with electronic applications, it is advisable to accept paper applications. Because some candidates will not have traditional education and experience, announcements should list qualitative factors that impact ability to be successful in the position:

• Social Environment – degree to which the position requires interaction with others.
• Physical Environment – degree to which the position is exposed to environmental factors such as noise, smells, etc.
• Task Complexity – degree to which the position requires comfort with ambiguity, task variety, on task sequencing.
• Support Systems – degree to which the position requires independence or self-management.

The SESG Program Coordinator may assist agencies with developing job announcements and distributing announcements to private agencies with potential clients in the region.

The SESG Program Coordinator may assist the agency in screening applicants to ensure they meet SESG criteria. The agency should then narrow down the interview pool in the same manner they would for any other position.

When an interview pool is identified, the DVR SESG Coordinator will assist the agency with developing appropriate interview questions, tests, or other selection tools. Interview tools should address both qualitative factors and possible task assignments.

Each applicant brings their long-term support as appropriate to the interview to provide assistance and address any support questions. Not all applicants will need the assistance of long-term supports at the interview. After the interview as part of making the job offer, the candidate provides the employer with their written long-term support plan that has been mutually agreed upon with their long-term supports and the employer as to how they will be assisting the individual with maintaining the job. The plan should also include contact information regarding whom the employer and/or the candidate can contact should there be any questions or need for support with the plan during the SESG selection process and for the length of the SESG employee’s employment.

Once an agency has selected a candidate, the agency verifies the individual meets the SESG eligibility (DVR SESG Program Coordinator can assist). The agency may ask for additional documentation to prove SESG eligibility such as a written statement from a Doctor, Physician’s Assistant or Therapist, records from a School Counselor or Vocational Rehabilitation Agency or a similar program with relevant records. Written statements from family members, friends, or former employers/co-workers should not be accepted. The supervisor should follow the agency’s onboard process and performance management standards, including development of a performance and development plan (PDP). The agency completes the hiring process through HRMS, with NW Code, Supported Employment.

The SESG employee’s long-term support begins from the first day of employment and will continue with regularly scheduled visits with the supervisor, employee, and others as appropriate to ensure that everyone is pleased with the situation. The long-term support provider remains a resource to the agency and the employee for the length of the SESG employee’s employment. This means that if tasks ever change or new coworkers or supervisors need training, then the long-term support provider will continue to be a resource.

If the SESG employee’s long-term supports are provided in the community (therapist, certified peer counselor, behavioral health supported employment provider, other behavior health treatment practitioner [e.g., medication management, support groups, etc.]. The supports will begin supporting the individual from the first day of employment and will continue to be regularly scheduled away from the workplace. The employee will maintain their long-term supports. The long-term support plan (plan is kept on file with supervisor and a copy is given to the employee) continues to be a resource to the agency and the employee for the length of the SESG employee’s employment and is used for annual verification for SESG continued eligibility. The supervisor and employee review the plan at the employee’s annual PDP meeting to ensure long-term supports are continuing to meet the employee’s long-term support needs for their position. This means that if there are new co-workers, supervisors or stressors to adapt to in the workplace or new challenging job expectations, the therapist or certified peer counselor, or other behavioral health services will continue to be a resource.

If there are any changes to a SESG employee’s long-term support (e.g. loss of long-term support, etc.) the SESG employee and/or employer may contact the DVR SESG Coordinator for assistance.

The DVR SESG Coordinator will provide other possible resources for support. The DVR SESG Coordinator will also continue as a resource to the agency. This may include training for supervisors and co-workers, as well as continuing to assist with managing the relationship with the long-term support provider.

The long-term support is not the responsibility of the agency and is not considered a “reasonable accommodation” that the agency is responsible for; however, other forms of reasonable accommodation must be provided in accordance with the agency’s reasonable accommodation policy.

• Maintaining the SESG webpages on the OFM/SHR website.
• Coordinating with SESG program manager at DVR to provide programmatic guidance and resources.
• Reporting enterprise participation in the program.

It would be odd for any person appointed to a supported employment position to not also meet the criteria for persons with disabilities. However, HRMS data indicates that many supported employees go unrecorded. Cross-checking supported employment and affirmative action disability records are an easy way to identify individuals who may not have been recorded as a person with a disability.

Again, many employees who request a reasonable accommodation for a disabling condition also meet the criteria for persons with disabilities. Cross-checking reasonable accommodation and affirmative action disability records are an easy way to identify individuals who may not have been recorded as a person with a disability.

• Many employees either do not disclose their disability at the point of hire or acquire a disability after having been employed for several years. Employees may not report their disability because they don’t see it as relevant to their ability to work, or are never asked or given an opportunity to disclose.
• Options for surveying employees may include conducting a targeted electronic survey or giving employees an opportunity to update their affirmative action records along with other employee data (e.g., emergency contact information) on an annual cycle.
• Surveys should inform employees of the survey purpose, that participation is voluntary, that there will be no adverse impact, and that records will be kept confidential and separate from other employee records.