About Employment

Source: Reprinted from Design for Success: An Employer’s Guide to Learning Disabilities

Employers generally want to hire individuals who will be productive workers and who will be able to keep the job in which they are placed, to progress in skill levels and to achieve the best results possible for the company. Many employers of course are also concerned about the success level experienced by the employee, since they recognize that successful employees are much more likely to be loyal to the company where they work.

The Conference Board of Canada published an Employability Skills Profile focusing on what employers are looking for when they are hiring. This critical skill profile is described as the compilation of academic, personal management and teamwork skills, which are desirable for the foundation of a high-quality Canadian workforce both today and tomorrow.
Under academic or cognitive skills it is stated that Canadian employers need a person who can:

Communicate

• understand and speak the languages in which business is conducted;
• listen to understand and learn;
• read, comprehend and use written materials, including graphs, charts and displays;
• write effectively in the languages in which business is conducted

Think

• think critically and act logically to evaluate situations, solve problems and make decisions;
• understand and solve problems involving mathematics and use the results;
• use technology, instruments, tools and information systems effectively;
• access and apply specialized knowledge from various fields e.g. skilled trades, technology, physical sciences, arts and social sciences;

Learn

• continue to learn for life

While it is easy to see why employers might feel that the above listing of cognitive skills will enhance the employability of any potential employee, the question must be asked: Does every position in your company reflect the need for these characteristics and does the pay for each job reflect these expectations?

While the Employability Skills Profile states that it is recognized that employers need to accommodate individual differences and to provide equal opportunities to a diverse workforce, including persons with disabilities, it does not offer advice to employers on how such accommodation might work under various circumstances.

The Physical Demands Analysis process, which is widely used for persons who have physical limitations in carrying out certain tasks, recommends that each employer for each job review the physical requirements such as strength, mobility, etc. It is recommended that job descriptions should include the skills and qualifications required to do the job, as well as providing specific information on how the job is physically performed, when it comes to the essential duties.

Many job descriptions provide for some flexibility in job duties by including the phrase “other duties as assigned”. Frequently this phrase is applicable to approximately 10% of the job. In determining the essential components of a job, it is usually held that less than one hour a day spent on one particular aspect of a job could be transferable to another staff member and therefore would not qualify as an essential duty.

A task is usually considered an essential job task, if it:

• constitutes a substantial proportion of the work involved in the job
• is an integral part of the job, i.e. even if minor in time allocation, it cannot be passed to someone else without substantially interfering with the employee’s ability to do the rest of the job effectively
• cannot be delegated to another person

In reviewing these components, it is also helpful to identify whether there is any accommodation, such as the use of technical aids, that might permit the employee with a disability to carry out the task or tasks with which they might have difficulty.

When it comes to the cognitive demands of a job, there is generally less willingness on the part of employers to vary the stated requirements. This primarily reflects some of society’s preconceived notions and some of the myths surrounding certain cognitive skills, such as “all people who are bright can read” and the converse “people who cannot read cannot be intelligent”.

Therefore, when developing a job description for any position, it is important to consider which are the essential cognitive requirements and which are “nice to have”.

It is disappointing to realize that, in spite of the success, wide use and obvious benefits for both employers and employees of the Physical Demands Analysis, there is no companion Cognitive Demands Analysis in place. What follows here is a much less formal listing of ideas, which employers and human resources personnel could use in developing a listing of the cognitive demands of a particular job as well as focusing on what accommodation might be needed in assisting a person with learning disabilities to be fully productive and effective in holding down a job.

In evaluating these requirements, we would advise that the goal should be to:

• establish the essential cognitive components of a job;
• identify which components could be appropriately carried out by someone else;
• identify what compensatory strategies the potential employee who has learning disabilities will have to develop and utilize in order to carry out the essential tasks of the job;
• identify what job accommodations could be made by the employer in order to improve the employee’s job performance;
• identify what training needs the employee presents in relation to the cognitive demands of the job.

When considering these components, it is advisable that you analyse carefully exactly what the individual holding the job needs to do, needs to know before being trained for the job and whether there are alternative ways of assisting him or her to carry out the essential tasks.

The first consideration is the educational achievement requirements of each job. Does this position require the employee to have a high school graduation diploma? A college graduation diploma? A university degree at the undergraduate or graduate level?

Is this because of:

• knowledge or expertise requirements? e.g. this individual has to know specific facts and skills taught in a particular college course, which will not be included in the training offered to employees;
• professional association or licensing requirements? e.g. in order to work as a nurse in a clinic, the employee has to be eligible to be the member of a particular professional body;

Although it is often suggested that a certain educational level will guarantee the attainment of significant cognitive skills and/or a higher level of maturity, these are unlikely to be valid or acceptable reasons for making such a requirement.

Cognitive skills

• does this job involve significant reading on an ongoing basis?
• is the requirement for reading primarily for the purposes of training?
• is the primary need for the individual to comprehend and be able to use certain information and would therefore taped material suffice?
• could a person with visual impairments, i.e. someone who obviously cannot read printed material carry out this job? What modifications would be available to such an employee?

Writing

• does this job involve the individual in having to handwrite material?
• is the requirement to use or process language, such that written or typed material has to be produced, such as letters, reports, etc.?
• does this job call for good spelling skills or the use of correct grammar? Can this requirement be met through the use of technical aids, such as a specialized software package?

Listening

• does this job require the individual to receive verbal instructions, which cannot be communicated in any other fashion?
• does this job require the individual to take extensive notes from spoken information?
• what would be required for a person who has a hearing impairment to do this job?

Mathematics

• does this job require the employee to carry out mathematical computational tasks? Would a technical aid such as a computer, calculator, electronic adding machine, etc. assist in carrying out the tasks of this job?
• does this job require significant knowledge of mathematical processes which are more complex than the basic operations?
• does this job call for knowledge of and the ability to use abstract mathematical concepts and formulae?

Learning and thinking skills

• does this job require significant analytical and abstract thinking ability?
• does this job call for the ability to think quickly or creatively?
• is speed of learning more important than efficiency of task completion?
• is the work environment such that a distractible person will have significant difficulties with focusing?
• is this job likely to present frequent changes or novel situations which will require significant adaptability on the part of the employee?
• does this job allow for frequent refreshers in skill development?
• can the training period for this job be extended to allow for a person who takes longer than usual to acquire mastery of certain skills, but who, once he has reached mastery level, can work as effectively as anyone else?

Memory

• does this job call for significant memorization of facts, sequences or other information?
• is there any way of ensuring that the information does not have to be memorized?
• Organizational skills
• does this job call for significant independent, unsupervised or undirected work?
• does this job require the employee to identify new and creative ways of carrying out tasks?
• does this job call for good time management?
• does this job involve the integration of information from several different sources?
• does this job call for the ability to juggle several tasks simultaneously?
• does this job include a requirement for setting individual priorities?
• Speaking
• does this job involve regular tasks relating to meeting and speaking to individuals or groups of people?
• would a person who, when stressed, may mix up words or mispronounce them have problems with this job?

Learning style

in training for this job should the employee be someone who learns best by:

• hearing things said,
• reading things,
• writing things down,
• saying them aloud,
• doing things

While using this process will not solve all potential problems for employers, it can assist in finding a better match between the employee’s strengths and the requirements of the job under consideration. It is likely that these questions will assist in the hiring process of all employees, not just those who have learning disabilities.

What would it be like to be so sensitive to noise that you couldn’t work in an open space? What might it be like to complete a report when you have trouble writing? What if it every written message you received required a long process of decoding? These are only a few of the challenges that people with learning disabilities (LD’s) experience everyday in the workplace.

Invisible disabilities are more difficult to understand and consequently mystify educators, doctors, and parents alike. Because the study of learning disabilities is a new field, there is a lack of awareness which results in many misdiagnosed persons, wrongfully labeled as having low IQ or cognitively delayed.

It is estimated that 15% of our population has a disability, yet it is difficult to know how many constitute LD’s. But what affect do LD’s have on the workplace? For employees? For employers? It is hard to know what is the financial impact that LD’s have on a workplace; but we do know that it can be costly when employees cannot reach their true career potential if they lack the accommodations or are afraid to speak up to ask for what they need to do their job well. Furthermore, employees may be unaware of simple solutions that can assist them to be more productive and rewarded in the workplace.

But what is an “LD”? According to the Learning Disabilities Association of Canada, this refers to: “a number of disorders which may affect the acquisition, organization, retention, understanding or use of verbal or nonverbal information. These disorders affect learning in individuals who otherwise demonstrate at least average abilities essential for thinking and/or reasoning. As such, learning disabilities are distinct from global intellectual deficiency.”

LD’s stem from impairments related to one or more of the following processes which are associated with perceiving, thinking, remembering or learning. These include, but are not limited to: language processing; phonological processing; visual spatial processing; processing speed; memory and attention; and executive functions (e.g. planning and decision-making).

Eight years ago, after a 7 hour assessment, I was diagnosed with a learning disability. The conclusion of the assessment began to shed light on many areas of my life. Why did I find so many of my previous careers to be so boring after a few months? Why was it so stressful for me to work in a cubicle? Why did I detest sitting at a desk all day? Why did I not notice some of the details that were so obvious to others? (I would never trust myself to identify a criminal in a police line-up!)

Now that I have my own business, I have been fortunate enough to be able to stick with what I am good at and parcel out what I am not to other people. I have control over my environment and my quiet office enables me to produce large amounts of work within a stress-free environment. I recognize that this is a luxury that I have now that I didn’t once have or that many others with LD’s go without. Fear and shame of asking for accommodations and the stigma that goes along with admitting that there is a barrier when you seem to be coping just fine prevent people from getting the help that they need.

I would certainly encourage anyone who thinks they may have a learning disability to get a professional assessment conducted. I would stay away from diagnosing yourself or others with some of the online tests which are available because you might end up with a different diagnosis altogether. Many benefit plans will cover these assessments under the umbrella of psychological services. In any case don’t let any positive results deter you from what you really want to do. Instead, look at it as a window that has been opened to you shedding light on some of the strategies that you can use to help you learn more easily.

An LD is not the end of the world. In fact, research has shown that while people with LD’s may have some challenges in processing information, they can be above average in other dimensions. Did you know for instance that NASA deliberately tries to recruit persons with dyslexia because of their excellent 3D perceptions, problem solving and spatial awareness? More than half of their employees have dyslexia. Were you aware that adults with ADHD are associated with creativity, innovation, the ability to think outside the box, multi-tasking, and great with change and chaos? Sounds like some of the job descriptions I have seen lately!

In any case, whether you are an employer trying to understand a request for accommodations or an employee with an LD, we hope to increase your awareness as well as provide you with practical solutions for the workplace.

Evelina Silveira
Editor, Inclusion Quarterly
www.yourdiversityatwork.com/

Used with permission of the author

Author: Carter Hammett

“Having LD and ADHD allows you to create. I did lots of research on famous people with LD. What binds most is that they have to think of other ways of exploring their path. Teachers are a big influence as well, both positive and negative. One in high school said I’d never finish college. I think people gave me ammunition to get through things.”

-David, 31, Photographer

So it’s a beautiful summer day and you’re on lunch break, walking down the street talking to a friend. All around you, the streets are teaming with life. There are cars and busloads of whooping tourists. You cross the street to bypass the construction that blocks your path. Merchants and artisans stand on the corner, loudly hawking jewelry, hotdogs, clothing. Off in the distance, you hear an ambulance blaring its sirens, and periodically, a homeless person steps in front of you, hand outstretched. Suddenly, a pigeon swoops out of nowhere to attack the crumb dropped from your sandwich.

Still, with all of these distractions, you have been able to remain engaged in your conversation. You are focused and undeterred as you try to make your point. Imagine, however, what it would be like to be unable to filter out the amount of data that bombards you. The end result would be information overload, akin to living in a sonic whirlwind. Now, imagine living in that perpetual state, 24 hours a day, seven days a week. Sound overwhelming? The world of some with Attention Deficit Hyperactivity Disorder (ADHD) might be comparable to this chaos.

ADHD is, as Toronto neuropsychologist Dr. Douglas J. Salmon Jr. describes, “ A neuro-cognitive disorder characterized by a persistent pattern of inattention and/or hyperactivity which is more frequent and severe than that experienced by others of the same developmental stage.” Thought to affect two-to-four percent of the population, there are three types of ADHD: Primarily Inattentive Type, Primarily Impulsive Type and Combined.

ADHD affects the frontal lobes, the part of the brain responsible for targeting, integrating and synthesizing data received from other brain areas. The frontal lobes also play a vital role in filtering out external distractions and irrelevant information.

When speaking with people about learning disabilities, often you will hear someone say some variation of, “Oh yeah. I know someone with learning disabilities…my friend’s brother has ADHD.”

It is not surprising that people often confuse LD and ADHD. Frequently the two conditions co-exist, and exhibit similar characteristics. Furthermore, an estimated 80 per cent of all persons living with ADHD as the primary barrier in their lives, also live with some form of learning disability. Until recently, ADHD had been more frequently diagnosed in men. It is estimated that up to 70 per cent of young offenders are living with ADHD. In women, ADHD may alternatively manifest itself as behaviour that appears “spacey” or daydream-like in nature. In essence, they are “victims of their own wiring.”

Other characteristics that present in diagnosed ADHD cases can include: problems reported in going through established challenges or following proper procedures; demonstration of low tolerance for frustration; sense of insecurity; frequent mood swings; poor self-esteem; frequent finger drumming or feet tapping and/or pacing; intolerance for stress; weak time management skills; difficulty enjoying work; often feeling disappointed or discouraged; longstanding unhappiness; and often, feelings of being unable to reach potential. In addition to learning disabilities, ADHD can also co-exist with depression, anxiety, obsessive-compulsive disorder and other conditions.

Like many persons with learning disabilities, workers with ADHD often remain un-or-under-employed. Planning, memory, teamwork, organization are great demands placed on us in the workplace, and many of these traits, which can often be accommodated, remain problematic for this population. Employees with ADHD seeking counseling represent the “high end” of the ADD continuum, while many remain undiagnosed or unaware of the existence of their condition; another by-product of living with an invisible disability. Further complicating these factors is the prejudice, unintended or not, on the part of some employers, who resist hiring someone with a condition they do not understand.

Kathleen Nadeau, editor of A Comprehensive Guide to Attention Deficit Disorder in Adults (1994) has identified a number of “crisis points” she suggests may be “typical” in the work lives of adults with ADHD. These include the following situations:

• A new position requiring tracking, prioritization, multitasking and rapid processing of detailed paperwork
• A promotion requiring supervision and management of others
• An organization is taken over by a new management team that is inflexible and detail-oriented
• Supervision which is critical, detail oriented and inflexible

The common theme running throughout these situations appears to be an “overload” reaction for the ADHD employee, where competencies in planning, organization, time management, etc. exceed the worker’s ability to cope.

But, it is important to realize the news is not all bad. Many persons with ADHD, including Benjamin Franklin, Winston Churchill and Albert Einstein, have gone on to become successful, and some even flourish in their positions. As Kathleen Nadeau, states, “because of the variety of ways ADHD manifests, it is impossible to make general statements about their positive traits. However, some make excellent salespeople, promoters and lobbyists due to social skills and boundless energy. Others are blessed with an endless flow of creative ideas and associations which make them marvelous brainstormers and catalysts. Many hyperactive adults use their enthusiasm effectively in entrepreneurial activities. Although planning and long-term follow-through tend to be difficult for many ADHD adults, some are able to respond superbly to situations calling for crisis intervention or immediate problem solving.”

Additionally, the energy exhibited by some with ADHD may allow them to tackle shift work quite well.

ACCOMMODATIONS FOR ADHD

“ I think for employers, it’s a matter of taking the blinders off. I don’t let my ADHD cloud my judgment. I’d rather have “X” challenge because it personalizes the situation, and says the person is not the problem.”

-Natasha, 31, ESL Instructor/Tutor

Like LD, ADHD can be accommodated in ways that enhance a worker’s performance and contribute to the overall productivity of the workplace. This includes:

• Providing a non-distracting work space (both visually and auditorally)
• Allowing opportunities to work from home or through telecommuting
• Avoiding multitasking, frequent interruptions in work, and distractions that can be heard or seen, including working close to other people
• Video or audiotape to assist with auditory memory problems
• Checklists
• Flexible work hours. Allowing the individual to arrive early, work late or on weekends can enable a worker with ADHD to be more productive, if they are easily distracted.
• Written instruction/communication
• Removal of nonessential duties
• Job restructuring
• More structure and deadlines. Two fifteen-minute meetings a week can help the employee stay on track.
• One co-worker/mentor through whom all information and instructions flow. This process helps focus the employee and allows them to interface with only one person
• Avoiding fast-paced work sites (e.g. assembly-lines, the need to meet quotas, frequent deadline pressures) and fast-paced or dangerous machinery
• Avoiding high stress occupations and dangerous work environments
• Avoiding unstructured work, without regular routine/work activities
• Remediation (tutoring training, mentoring) to help with language, vision or speech therapy in areas of deficit, or to promote workplace literacy training.
• Reassignment to a vacant, “better fit” position within the same company at the same level of pay as position first hired for
• Additional clerical support
• Job maintenance portfolios
• More frequent performance appraisals

THE ROLE OF THE ADHD COACH

The last decade has seen the rise of a relatively new form of assistance for workers with Attention Deficit Hyperactivity Disorder: The ADHD Coach.

ADHD Coaches help employees with ADHD develop compensatory strategies, which they can integrate into their daily work patterns. ADHD Coaches act as mentors and catalysts, and provide ADHD employees with structure and work to enhance existing competencies to ensure a “good fit” with the workers’ career choice. Sometimes, EAP or insurance programs cover coaches. They can be an invaluable source of support and structure to the worker with ADHD.

Kathleen Nadeau reports on a 1992 study conducted of successful adults with LD to learn about shared traits and conditions that contributed to their achievements. All shared a desire to succeed, exhaustive determination, a need to control their own destiny and an ability to reframe their learning disabilities into something more positive. Also common was the fact that most had a mentor and a support network. These ingredients are also essential contributors to the achievements of the worker with ADHD.

While there is no magic ingredient that will guarantee the success of this particular community in the workplace, a combination of support, mentoring, accommodations and patience, have proven that persons with ADHD can make meaningful contributions towards enhancing diversity in the workplace, and perform successfully on the job.

What is disclosure?

Disclosure refers to telling a supervisor, co-worker or others about your learning disabilities.

Disclosure is one of the most difficult decisions you can make. It’s a personal decision that requires a lot of thought and planning.

You need to carefully plan how you wish to disclose and think about the possible implications for everyone involved.

What are learning disabilities (LDs)?

Learning Disabilities affect one or more of the ways that a person takes in, stores, or uses information. LDs come in many forms and affect people with varying levels of severity.

LDs are a life-long condition – they do not go away – but can be coped with successfully by using areas of strength to compensate for areas of weakness, and using accommodations such as technology.

LDs and their effects are different from person to person, so you need to understand your pattern of learning abilities in order to find good, effective strategies for compensation.

A full definition of learning disabilities can be found on the LDAO website, www.ldao.ca.

What are accommodations?

Accommodations are the different methods and materials that a person with learning disabilities uses to complete tasks or activities with greater ease and efficiency.

Some examples include:

• making changes to the environment without changing the nature of the task or activities.
• use of specific equipment (e.g. computer, PDA, tape recorder) to get the job done.
• techniques (extra time, quiet working space, written and verbal instructions) to enhance productivity and make communications with supervisors and co-workers flow better.

Some reasons to consider disclosing:

• you need some accommodations in order to be successful at your job
• the requirements of your job have changed due to organizational growth, restructuring or technological changes and you are running into difficulties
• you are having a job evaluation and you want to explain why you have not always met all the expectations or requirements of the job
• you are finding it stressful to hide your LDs

Why some adults with LDs may not want to disclose:

• may not know much about how their LDs affect them at work
• may have had an unpleasant experience in the past, and do not want to repeat that experience
• may fear that disclosing will lead to prejudice, discrimination or rejection
• may worry that LDs will be seen as a weakness
• prefer to work around the problems and not disclose their LDs unless it is absolutely necessary
• do not know when or how to disclose their LDs

Deciding if and when to disclose:

A decision chart is presented at the end of this brochure, to help you weigh the pros and cons.

When you are ready to disclose:

First, you must understand your LDs and be able to describe them clearly to others when you choose to.

Second, you must decide to whom to disclose. If you work for a large company which has a Human Resources Department, that may be a good place to start. In smaller companies you may want to speak to a senior person who is not your direct supervisor, unless you are comfortable that your supervisor will understand.

Then, when you disclose, you must be able to:

• First talk about your competencies (what you are good at)
• Ensure that you are competent in the essential skills required in the job
• Describe your accommodation needs in clear, understandable terms
• Stress the accommodations that have worked well with former employers or with teachers
• Emphasize that with accommodations, your productivity will increase significantly
• Show a willingness to collaborate with the employer, supervisor or co-workers in providing accurate information regarding your needs
• Understand that employers and co-workers often fear the unknown and help them to feel confident that they understand what they are being told
• Know the rights and the responsibilities of employers and employees

Rights and responsibilities:

The Ontario Human Rights Code prohibits discrimination because of disability and requires accommodation in a way that respects your dignity and privacy.

As an employee you must be able to perform the essential duties or requirements of the job, but you cannot be judged incapable of performing those duties until efforts have been made to accommodate you, up to the point of undue hardship.

An employer can only claim undue hardship if the cost of a requested accommodation is so high that the survival of the business is affected, or if they can demonstrate that health and safety requirements are negatively affected.

You are responsible to inform your employer of your accommodation needs, and to cooperate in obtaining necessary information, including medical or other expert opinions.

Your employer can request only such information as is required to make the accommodation, and is supposed to bear the cost of any required medical information or documentation.

You do not have to provide a diagnosis, but you may need a letter from a doctor or psychologist saying that you require certain accommodations because of your disability.

Some Helpful Tips about Disclosing

• Plan and schedule a meeting between yourself and the person you have decided to talk to
• Be prepared. Consider role-playing with a trusted friend to practice in advance
• Provide the person with a specific reason for the accommodation. Explain why you need it and how this would benefit the organization
• Don’t discuss your life history. Provide only as much information as the person needs to know for you to obtain the accommodation. Information discussed should be private. Stress that the information needs to remain confidential. Ask if anyone else will be given the information and for what reasons?
• Make a plan and stick to it. Write an action plan on how, when and to what extent the accommodation is to be provided
• Follow up. Request a follow-up meeting to chart the progress or adjustment which needs to be made

Think It Over, Carefully

• Before you disclose, think carefully about what you are going to say. Remember, it is important to emphasize your strengths and successes, and list any strategies or accommodations that have worked for you in the past.
• Ultimately, only you can decide the time, the place and the amount of information to share with others.

Developed from materials gathered and adapted by the Adult Advocacy Committee of the Learning Disabilities Association of Ontario, 2008

To most people without a disability, disclosure is not an issue, perhaps because most people think that having a disability is obvious—the wheelchair, white cane, hearing aids, scooter say it all.

For individuals with learning disabilities, their “hidden disabilities” may not be apparent. Some are able to compensate well enough that they never need to disclose. For a few, their LDs create barriers far more severe than people can see. Not only do these individuals require accommodations, but others often misinterpret the effects of their disabilities for personal weakness or lack of ability or commitment to a task.

There are many employees with LDs who find the right ‘fit’ and are very successful in their jobs. However, when the requirements of the job change due to organizational growth, restructuring or technological changes they may run into difficulties and need accommodations.

What are learning disabilities (LDs)?

Learning Disabilities affect one or more of the ways that a person takes in, stores, or uses information. LDs come in many forms and affect people with varying levels of severity.

LDs are a life-long condition, but can be coped with successfully by using areas of strength to compensate for areas of weakness, and using accommodations such as technology.

LDs and their effects are different from person to person, so the individual’s pattern of learning abilities must be understood in order to find good, effective strategies for compensation and appropriate accommodations.

A full definition of learning disabilities can be found on the LDAO website, www.ldao.ca

Why Accommodate?

• To create a safe and positive work environment
• To help others achieve success and build confidence
• To create a positive culture for all staff
• To develop your human capital and build long term dedicated employees
• To capitalize on unique views and diversity, which can contribute to a competitive edge

Accommodation means the use of different methods and equipment that enable persons with disabilities, such as LDs, to complete tasks or activities with greater ease and efficiency. Some examples include:

• making changes to the environment without changing the nature of the task or activities.
• use of specific technology (e.g. computer, PDA, tape recorder) to get the job done.
• techniques (extra time, quiet working space, written and verbal instructions) to enhance productivity and make communications with supervisors and co-workers flow better.

Why some adults with LDs may not want to disclose:

• may have had an unpleasant experience in the past, and do not want to repeat that experience
• may fear that disclosing will lead to prejudice, discrimination or rejection
• may worry that LDs will be seen as a weakness
• prefer to work around the problems and not disclose their LDs unless it is absolutely necessary

What can employers do?

As an employer, there are several things that can be done to encourage workers with LDs to disclose their disability, including:

• Have a policy on accommodation and publish it internally and on your website
• Ensure your staff that you support that policy and that you will provide the financial and human resources to help implement accommodations
• Ensure that hiring, retention and promotion policies and procedures include issues related to employees with disabilities
• Acknowledge employees with disabilities who have successfully used accommodation strategies, and co-workers who supported them
• Create a culture of acceptance and celebrate the diversity of your workforce, including persons with disabilities.
• Accept that a workplace that embraces disabilities is a workplace that is maximizing its human capital and that will enable your company to be successful with a healthy growth potential.

Rights and responsibilities:

The Ontario Human Rights Code prohibits discrimination because of disability and requires accommodation in a way that respects the dignity and privacy of the individual.

An employee you must be able to perform the essential duties or requirements of the job, but cannot be judged incapable of performing those duties until efforts have been made to accommodate, up to the point of undue hardship.

An employer can only claim undue hardship if the cost of a requested accommodation is so high that the survival of the business is affected, or if they can demonstrate that health and safety requirements are negatively affected.

The employee is responsible to inform their employer of any accommodation needs, and to cooperate in obtaining necessary information, including medical or other expert opinions.

An employer can request only such information as is required to make the accommodation, and is supposed to bear the cost of any required medical information or documentation.

In summary:

• Disclosure of a learning disability is a personal choice
• The most frequent reason for disclosure is to request accommodation
• Many people with LDs will not disclose their disability because they fear rejection or ridicule
• Some content themselves with lower-level jobs so they don’t have to risk disclosure, however, if a job changes and new skill sets are required, disclosure may be forced.
• Employers can help foster positive “disclosure environments” through a variety of means that include creating and promoting policies of inclusion and accommodation.

Human Rights Provisions in Employment

The Ontario Human Rights Code, 1981, prohibits discrimination on the grounds of disability. This means that employment, services, goods and facilities cannot be denied to someone because they have a disability. The definition of disability in the Code includes “a learning disability or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language”.

In 2000, the Ontario Human Rights Commission (OHRC) published Policy and Guidelines on Disability and the Duty to Accommodate, in 2008 published “Human Rights at Work – Third Edition” and in 2016 published Policy on Ableism and Discrimination Based on Disability.

Job requirements and job interviews

The Ontario Human Rights Code states that the ability to perform the essential duties or requirements of the job is the significant factor an employer must consider when assessing if an applicant is suitable for a particular job, whether or not they have a disability. The essential duties or requirements refer to the central, or core, aspects of the job.

An employer may not ask questions about a disability during the job interview unless the potential employee has disclosed the fact that he or she has a disability. The employer can only ask questions related to whether the person can perform the essential job requirements. If the employee who has disclosed knows that they will need accommodations, they can explain what accommodations will enable them to perform the essential job requirements.

Accommodating the needs of the employee who has learning disabilities

Sometimes employees who have learning disabilities can perform the essential duties of a job when they are hired, but then the job requirements change and or the employee is switched to a job where they need accommodations.

According to the OHRC, accommodations for persons with disabilities must be provided in a way that respects their dignity, self-worth, individuality, privacy, confidentiality comfort and autonomy. Accommodations will vary according to a person’s unique needs, which must be considered, assessed and accommodated on an individual basis.

The Human Rights Code guarantees equal treatment to all persons capable of performing the essential duties or requirements of the job. No one can be judged incapable of performing those duties until efforts have been made to accommodate the individual, up to the point of undue hardship. The first step is to separate the essential from the non-essential duties of the job. Where possible, non-essential tasks can be reassigned to another person. The person with a disability should be actually tested to see if they can perform the essential requirements, with accommodations.

An employer can claim undue hardship if the cost of a requested accommodation is so high that the survival of the business is affected, or if they can demonstrate that health and safety requirements are negatively affected. Most accommodations required by persons with learning disabilities are not very expensive, especially for a large company.

Workplace Roles and Responsibilities

Employers and employees who have disabilities have a shared responsibility for making the accommodation process a success.

• It is the responsibility of persons with disabilities to:
• inform their employers of their needs;
• cooperate in obtaining necessary information, including medical or other expert opinions;
• participate in discussions about solutions, and
• work with the employer (and union if applicable) on an ongoing basis to manage the accommodation process.

Employers are required to:

• accept requests for accommodation in good faith;
• request only information that is required to make the accommodation;
• obtain expert advice or opinion where necessary;
• take an active role in ensuring that possible solutions are examined;
• maintain the confidentiality of persons with disabilities;
• deal with accommodation requests in a timely way, and
• bear the cost of any required medical information or documentation.

For people with learning disabilities much of the accommodation focuses on modified working environments, training programs, extra time to learn or carry out certain tasks, most of which does not represent any significant expenditure of money. Even the assistive devices which prove beneficial to employees with learning disabilities, such as computers, tape recorders, calculators, etc. tend to be mainstream equipment and therefore readily available in most places.

Accommodating the needs of workers with learning disabilities often involves strategies which require minimal or no financial outlay except in terms of additional supervisory time until a particular skill is mastered or weakness is overcome. Patience during the training period will be rewarded by a more confident and productive worker.

Many persons with learning disabilities can help by identifying accommodations that have been helpful to them in the past. However, sometimes it can be useful to get recommendations from a professional who has experience with learning disabilities.

Everyone involved must treat human rights issues arising in the workplace seriously and respectfully.

Accommodations are the different methods and materials that a person with learning disabilities uses to complete tasks or activities with greater ease and efficiency.

According to Canadian Human Rights legislation, employees have a right to accommodations in the workplace if it does not cause “undue hardships” to the company or the organization where you work. Undue hardship means the accommodation is not too expensive or too hard for the employer to put in place.

Accommodation means:

• Making changes to the environment without changing the nature of the task or activities
• The specific equipment used (e.g. computer, tape recorder) to get the job done
• Techniques (extra time, quiet working space, written and verbal instructions) to make communications with supervisors and co-workers flow better
• Matching the tools, techniques or strategies to the specific need.

Auditory: Best Practices

• Assistive Technology (A computer that can read to the individual or help with spelling)
• Reduce background noise (ie. Sitting under a vent could distract a person conversation; make them aware and move elsewhere )
• Repeat instructions
• Have listener repeat back information to you and allow extra time for information processing
• Offer written instructions, charts, pictures, ie. Declaration
• Demonstrate the task first rather than discussing it

You have difficulty remembering what you heard:

• Make sure that verbal instructions are given away from background noises such as ringing telephones, noisy machinery or background conversations.
• Ask to move to a quieter location.
• Ask if you can have a written copy.
• Take notes or ask for written instructions.

Organization: Best Practices

• Use timers or verbal response as reminders
• Map information / graphic organizers
• Allow extra traveling time and time to process
• Allow client to work at own pace
• Break task into component parts or sub-tasks
• Help in mapping out a day or projects.
• PDA’s / Daytime / Alarms

You have difficulty telling time and you arrive late or unusually early:

• Use alarms or bells, etc., to signal changes.
• Schedule extra time for travel between meetings and interviews.
• Use timers or verbal response as reminders.

You have difficulty organizing your work day, tasks, files or paper work:

• Use a day planner or agenda book. Regularly keep it up to date. Check it before you leave for work.
• Use colour pens and highlighters to colour code and prioritize tasks and activities. Use “sticky” notes which can be removed once the task is completed.
• Break down larger activities into smaller tasks. Ask for specific timelines and due dates to complete work. Ask which tasks are urgent and which can wait.
• Use time reminders, such as a watch, alarm clock, stop watch or buzzers.

Visual Perception: Best Practices

• Provide a room in neutral colours with minimal physical distractions
• Use oral communication and web-based materials instead of written documentation
• Voice Activated Software
• More time to complete tasks
• Talking Calculator
• Position person so their back is facing the door

Attention: Best Practices

• Always on the move, fidgeting (feet/pencil tapping), you can’t sit still.
• Take frequent exercise or stretch breaks. Be careful not to take too many because you don’t want to let people think you’re not working.
• Keep a soft rubber ball that you can squeeze and play with. Make sure that by playing with the ball you are not bothering anyone.
• Take the time to exercise at home or at a gym before going to work to burn off energy. Consider walking to work.
• Write down the time of day when you fidget the most. When you are the most active, use that time to run errands, talk to people, or do the type of work that allows you to burn off the excess energy.

You have difficulty organizing your work day, tasks, files or paper work (cont.):

• Buy a good, easy-to-use time management book or take classes in time management from a community college or adult high school which will teach you how to better organize your time.
• Use time management software which can schedule your meetings and activities and organize your emails.
• Work in groups or ask a co-worker to help you.