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Introduction
Parking is a benefit of employment that some employers provide to employees. It is clear that under the Americans with Disabilities Act (ADA) employers must provide reasonable accommodations so employees with disabilities can have access to benefits of employment such as parking. What is not clear is how far employers have to go when providing parking-related accommodations. The following discusses some of the issues that can arise when an employee with a disability asks for an accommodation for parking:
Does an employer have to provide parking for an employee with a disability as an accommodation under the ADA when it does not provide parking for other employees?
In an informal guidance letter, the EEOC states: Accessible, reserved parking may be a form of reasonable accommodation. Generally, this means that if an employer provides parking spaces to all personnel, then an accessible space must be provided to an employee with a disability, unless it would pose an undue hardship. But if an employer does not provide employee parking, then the employer would not have to provide parking as an accommodation.
Of course there is a complication. In the same guidance letter, the EEOC went on to state that a decision by the Second Circuit Court of Appeals may make it possible to argue that an employer must provide parking that meets the needs of an individual with a disability, even if parking is not provided to other employees. In the decision, the Court suggested that the fact that other employees did not receive paid parking might be irrelevant to whether an employee with a disability could receive such parking.
So, in the Second Circuit at least, which includes New York, Vermont, and Connecticut, employers may have to provide parking-related accommodations, even if they do not provide employee parking for other employees.
For additional guidance on this issue, view the Equal Employment Opportunity Commission's January 9, 1997, "Guidance Letter."
If the employee parking lot meets the specifications of the ADA Accessibility Guidelines, is that sufficient?
According to the EEOC in its Title I Technical Assistance Manual, when making changes to meet an employee's needs under Title I, an employer will find it helpful to consult the ADA Accessibility Guidelines as a starting point if they meet the employee's needs and do not impose an undue hardship (such changes may be useful in the future for accommodating others), but even if a modification meets the ADA Accessibility Guidelines, further adaptations may be needed to meet the needs of a particular employee.
Do employers have to allow employees with disabilities to park in lots reserved for management if they are not in management?
As mentioned, parking is a benefit of employment, but the answer to this question depends on how you view the benefit. The general rule under the ADA is that employers do not have to provide benefits of employment to employees who are not otherwise entitled to them. For example, if an employer does not provide life insurance for employees in general, an employer would not have to provide life insurance as an accommodation.
However, there are different ways to view parking as a benefit of employment and the way you view it affects the scope of an employer’s obligation to provide parking-related accommodations. One way to view parking as a benefit of employment is to limit it to the parking area the employee is entitled to based on the employee’s status. Under this view, a non-manager employee would not get to park in lots reserved for management because the employee is not a manager. The employee would only get accommodations related to parking in the appropriate employee parking lot.
The other way to view parking as a benefit of employment is as a broader right to park in any parking lots controlled by the employer. If you broaden it this way, employers would be required to consider allowing an employee to park in the management parking lot because the employer has control over that lot.
The first way of viewing parking as a benefit of employment (limited to employee parking) is probably the stronger one, but to date the EEOC has not taken a formal position on this issue so it remains unclear.
One thing to keep in mind is that even if the employer opts not to allow the employees to park in lots reserved for management, the employer is still obligated to consider other accommodation options, for example, a reserved space in the employee lot, moving the employee’s workstation closer to the entrance, or allowing the employee to work from home.
If an employee has a state-issued permit to park in accessible parking, does an employer have to allow the employee to park in an accessible space in the customer parking lot?
According to informal guidance from the EEOC, under the ADA employers do not have to allow employees to park in the customer parking lot, even if an employee has a state-issued parking permit (but check state and local laws as they might address this issue). First, qualifications for state-issued parking permits are different than the ADA's definition of disability so an employee does not automatically qualify as a person with a disability entitled to an accommodation solely on the basis of the parking permit unless the disability and need for accommodation are otherwise obvious. Second, even if an employee with a state-issued parking permit meets the ADA's definition of disability, employers probably do not have to allow employees to park in the customer parking lot. As mentioned above, the answer may depend on how you define parking as a benefit of employment, but if no employees are allowed to park in the customer lot there is a strong argument that the employer does not have to allow an employee with a disability to do so.
Remember, employers are free to choose among effective accommodation options so if they cannot provide accommodation in the employee parking lot, they may want to explore other accommodations.
What can an employer do when there are multiple requests for accessible or reserved parking closer to the building than there are parking spaces?
When there are more employees requesting accommodations for parking than there are parking spaces, the employer may want to start with medical documentation to determine what employees actually have a disability and to sort out what is actually needed. Also, remember just because an employee has a handicap parking sticker from the state or local government that does not automatically mean that employee meets the ADA definition of disability. And, employers should also consider what each employee really needs. Sometimes employees can have an ADA disability, but they still may be able to use a parking lot that is several blocks away. An employer may need to get into a very specific discussion with each employee and potentially his or her doctor, about what is actually needed.
If an employer still has more employees who meet the definition of disability than parking spaces to accommodate them, the employer may have to say no to some employees; under the ADA that can be a legitimate response, an undue hardship.
Situations and Solutions:
The following situations and solutions are real-life examples of accommodations that were made by JAN customers. Because accommodations are made on a case-by-case basis, these examples may not be effective for every workplace but give you an idea about the types of accommodations that are possible.
A drafter with arthritis in his knees was having difficulty accessing his work-site.
He was accommodated with a reserved parking space close to the building, a first floor office, and push pad activated power doors.
A financial manager in a securities firm who uses a wheelchair was accommodated with an accessible parking space and minor modifications to his workspace.
This enabled him to access work materials. In addition, attention was paid to his path of travel in the office to ensure it was accessible. The office building already had accessible doors and restrooms so no additional modifications were needed.
An employee with sarcoidosis has voiced concerns with the employer controlled parking lot where employees are allowed to park.
As the lot is set up on a first come first serve basis, the individual normally has to park very far away from the building when he arrives for his shift. Due to his sarcoidosis, the employee has limitations in breathing and quickly develops shortness of breath due to the walk to the building after parking in the morning. The employer agrees to provide the individual with a reserved parking space that was as close to the building as possible as an accommodation.
A federal contract employee working temporarily at a federal agency’s facility had difficulty walking long distances due to a heart condition.
He notified his employer, who then contacted the federal agency to request a reserved parking space for the employee close to the building. The federal agency had the parking manager designate a parking space next to the entrance used by the employee.
An employee with spina bifida had difficulty accessing the employer's parking lot.
Because the employee's office was on the tenth floor, the employer agreed to provide a reserved parking space that was as close to the building as possible.
A service worker was having difficulty maintaining a full workday due to fatigue.
The individual was accommodated with periodic rest breaks away from the workstation, a flexible work schedule, flexible use of leave time, parking close to the work-site, and periodic work from home.
An attorney with obesity had to leave the office frequently to go to court and often could not find close parking when she returned to the office
She had difficulty walking long distances so the employer gave her a reserved parking space close to the worksite.
An accountant with cerebral palsy could not walk long distances.
His employer provided him with a reserved parking space close to the building and allowed him to work from home three days a week.
A hospital employee with myasthenia gravis was having difficulty walking.
She was accommodated with a parking space closer to her work-site and was provided a scooter to use at work.
An individual with osteoarthritis and walking limitations had difficulty accessing the work-site.
The employer contacted JAN asking for ways to improve access. JAN suggested an accessible parking space, office close to the entrance, and moving the individual closer to the common office equipment area.
A university had offered a nursing instructor position to an applicant with ALS who used a wheelchair.
The university called JAN to better understand what modifications they needed to make to the physical work-site and learn what products could be used for the new hire. JAN suggested automatic door openers, a height adjustable table to teach from, and explained parking as a reasonable accommodation under the ADA.
A retail store manager with multiple sclerosis uses a scooter to move distances throughout the store.
She also has an accessible parking space near the rear entrance of the store.
A receiving clerk with a congenital heart defect was limited in her ability to perform strenuous activity.
She was accommodated by having merchandise placed in smaller boxes and being provided a height adjustable material lift to help retrieve elevated boxes. The employer also gave her a reserved parking space closer to the building and allowed another employee to fill out her time card, minimizing walking and stair climbing.
JAN Publications & Articles regarding Parking
Articles
Blog Posts
- No Blog Posts available for Parking
Events Regarding Parking Topics
- Upcoming Events
- Past Recorded Module
- Past In-person Training
- Past Exhibit Booths
- Past Webcast Series Training
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ADA & Workplace Accommodations - Episode #44May 5, 2022
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The ADA and Workplace Accommodation for Employees with Voice DisordersJanuary 31, 2024
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Low-Key AT: Less-Obvious Options for Entry-Level WorkersMarch 16, 2022
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Accessibility as a Key to InclusionJuly 25, 2022
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Transition and Workplace Accessibility: What’s New in 2023?February 2, 2023
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Together Again: AT for Travel and Inclusive EventsFebruary 3, 2023
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2023 CSUNMarch 17, 2023
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ATIA 2024 ConferenceJanuary 25, 2024
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
Presentations
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
Presentations
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Lisa Mathess , Principal Consultant, ADA Specialist
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Lisa Mathess , Principal Consultant, ADA Specialist
Presentations
Presenters:
- Teresa Goddard, Lead Consultant, Assistive Technology Services
- Lisa Mathess, Principal Consultant, ADA Specialist
Presentations
Accommodating Educational Professionals: Meeting Workplace Needs with AT
Friday 1-2pm
Grand Ballroom 7B
Session Code: TWA-05
Back on Track with the Interactive Process: When Accommodations Go Off the Rails
Friday 4:30-5:30
Magnolia 2
Session Code: TWA-02
Transition and Workplace Accessibility: What’s New in 2024?
Thursday 4:30-5:30
Magnolia 2
Session Code: TWA-08
Presenters:
- Teresa Goddard, Lead Consultant, Assistive Technology Services
- Lisa Mathess, Principal Consultant, ADA Specialist
Presentations
Accommodating Educational Professionals: Meeting Workplace Needs with AT
Friday 1-2pm
Grand Ballroom 7B
Session Code: TWA-05
Back on Track with the Interactive Process: When Accommodations Go Off the Rails
Friday 4:30-5:30
Magnolia 2
Session Code: TWA-02
Transition and Workplace Accessibility: What’s New in 2024?
Thursday 4:30-5:30
Magnolia 2
Session Code: TWA-08
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Q&A with the Cog/Psych Team: Challenging Mental Health ScenariosMay 11, 2021
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Accessibility & Accommodations: How Employers & HR Professionals Can Prepare for Emerging Tech in the WorkplaceMay 20, 2021
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Accommodating Public Safety Workers with DisabilitiesJune 8, 2021
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ADA UpdateJuly 13, 2021
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AT Update: What’s new in 2021August 10, 2021
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Ask JAN! Expert Q&AOctober 14, 2021
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Return to Work After COVID-19 – Focus on Mental Health and Cognitive LimitationsNovember 18, 2021
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Accommodation Solutions for Autoimmune DisordersDecember 9, 2021
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Next-Level Accommodation and ADA ChallengesJanuary 13, 2022
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ADA and Accommodation Lessons Learned: Stay at Work/Return to Work EditionFebruary 10, 2022
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Ergonomics for TeleworkersMarch 1, 2022
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Accommodation Solutions for Executive Functioning DeficitsMarch 17, 2022
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Accommodation Solutions for Gastrointestinal DisordersApril 14, 2022
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Accommodation and ADA Considerations: Reproductive Disorders and PregnancyMay 12, 2022
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Personal Use or Reasonable Accommodation: What’s What?June 9, 2022
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ADA UpdateJuly 14, 2022
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AT Update 2022August 11, 2022
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Accommodation Solutions for Sleep DisordersSeptember 22, 2022
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Building a Disability-Inclusive OrganizationOctober 13, 2022
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Providing Reasonable Accommodations to Veterans with DisabilitiesNovember 10, 2022
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Ask JAN! Q&AJanuary 12, 2023
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Supports and Services: Accommodations with a HeartbeatFebruary 9, 2023
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What You Should Know About the Impact of Long COVID in the WorkplaceMarch 9, 2023
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Accommodation Solutions for Neurodivergent WorkersApril 13, 2023
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Accommodation Solutions for Fine Motor LimitationsMay 11, 2023
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What to Do When Performance and Conduct Factor Into the Accommodation EquationJune 8, 2023
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ADA Update 2023July 13, 2023
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Assistive Technology (AT) Update: What’s New in 2023August 10, 2023
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Accommodation Solutions: Substance Use DisorderSeptember 14, 2023
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The Way I See It: Accommodation Process Perspectives from Different Points of ViewOctober 12, 2023
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Accommodation Solutions: Respiratory Conditions, Allergies, & Fragrance SensitivityNovember 9, 2023
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Accommodation Solutions for Employees with Intellectual DisabilitiesDecember 12, 2023
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ADA and Beyond Compliance Considerations: Medical DocumentationJanuary 11, 2024
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Ask JAN! Q&A: Sensory Team EditionMarch 14, 2024
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Accommodating Employees with Diverse Cognitive and Neurological NeedsApril 11, 2024
Presenters:
- James Potts , Senior Consultant - Cognitive/Neurological Team
- Melanie Whetzel , Principal Consultant, Team Lead
Presentations
Transcripts
Presenters:
- Anne E. Hirsh , Director of Collaborations, Evaluation, and Reporting
- Bill Curtis-Davidson, Co-director of PEAT
- Martez Mott, Ph.D., Senior Researcher, Ability Group, Microsoft Research
- Tina Park, Ph.D., Methods for Inclusion Research Fellow at the Partnership on AI
Presentations
Transcripts
This session, produced in collaboration with JAN and the Partnership on Employment & Accessible Technology (PEAT), will introduce the potential impact of emerging tech on accommodations. Participants will learn how employers and HR professionals can help plan for an accessible workplace of the future, including the procurement of accessible technologies and potential accommodation needs of people with disabilities. PEAT, funded by the Office of Disability Employment Policy, U.S. Department of Labor, will interview technology leaders to find out how AI and XR will change the way we work and what these technologies could mean for the employment of people with disabilities.
This event takes place on Global Accessibility Awareness Day (GAAD).
Speaker Bios:
Bill Curtis-Davidson is a Co-Director and Sr. Consultant on Emerging Tech Accessibility at PEAT. In this role, he works to advance the accessibility of emerging workplace technologies, including XR and AI, to increase employment opportunities for people with disabilities. He partners with the disability community, tech companies, and the public to advance adoption of inclusive design and promising practices for tech accessibility. He serves on the External Advisory Board of the GA Tech Human-Computer Interaction Degree Program.
Martez Mott is a Senior Researcher in the Ability Group at Microsoft Research. His research is focused on designing, implementing, and evaluating intelligent interaction techniques that improve the accessibility of computing devices for people with diverse motor and sensory abilities. His current research focuses on identifying and overcoming accessibility barriers embedded in the design of virtual and augmented reality systems. Martez is passionate about improving diversity in the CS and HCI communities. He co-chaired the 2020 CHI Mentoring Workshop (CHIMe), is serving on the steering committee for CHIMe 2021, and co-founded the Black Researchers @ Microsoft Research group. Martez received his Ph.D. in Information Science from the Information School at the University of Washington. Prior to attending UW, he received his B.S. and M.S. in Computer Science from Bowling Green State University.
Tina M. Park is currently a Methods for Inclusion Research Fellow at the Partnership on AI, developing evidence-based methodologies for incorporating a more diverse range of stakeholders in the design and development of artificial intelligence. Prior to joining PAI, Tina has led efforts to cultivate supportive intellectual spaces for scholars of color at Brown University and nationwide. She has presented at top international conferences in her field such as the American Sociological Association, the Social Science History Association, the Population Association of America, and the Society for the Study of Social Problems, the Association of Collegiate Schools of Planning.
Presenters:
- Lisa Mathess , Principal Consultant, ADA Specialist
- Matthew McCord , Senior Consultant – Motor Team
- Tatum Storey, Consultant - Motor Team
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Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Jeanne Goldberg is a Senior Attorney Advisor in the Office of Legal Counsel at the U.S. Equal Employment Opportunity Commission.
Handouts
Presentations
Transcripts
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Matthew McCord , Senior Consultant – Motor Team
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Melanie Whetzel , Principal Consultant, Team Lead
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Lisa Mathess , Principal Consultant, ADA Specialist
Presentations
Transcripts
Presenters:
- James Potts , Senior Consultant - Cognitive/Neurological Team
- Melanie Whetzel , Principal Consultant, Team Lead
- Linda Carter Batiste , Director of Services and Publications
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Lisa Mathess , Principal Consultant, ADA Specialist
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Lisa Mathess , Principal Consultant, ADA Specialist
Presentations
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Handouts
Presenters:
- Lisa Mathess , Principal Consultant, ADA Specialist
- Matthew McCord , Senior Consultant – Motor Team
Presentations
Transcripts
Presenters:
- Alexis Popa , Consultant - Cognitive/Neurological Team
- Melanie Whetzel , Principal Consultant, Team Lead
Presentations
Transcripts
Presenters:
- Matthew McCord , Senior Consultant – Motor Team
- Julie Davis , Consultant - Motor Team
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
Presentations
Transcripts
Presenters:
- Lisa Mathess , Principal Consultant, ADA Specialist
- Matthew McCord , Senior Consultant – Motor Team
Presentations
Transcripts
Handouts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Jeanne Goldberg - Senior Attorney Advisor, Office of Legal Counsel, Equal Employment Opportunity Commission (EEOC)
Handouts
Presentations
Transcripts
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Matthew McCord , Senior Consultant – Motor Team
- Christy McCune , Consultant - Sensory Team
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Handouts
Transcripts
Presenters:
- Alexis Popa , Consultant - Cognitive/Neurological Team
- Melanie Whetzel , Principal Consultant, Team Lead
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Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Ellice Switzer, EARN Workplace Disability Inclusion Associate
Presentations
Transcripts
Ellice Switzer, EARN Workplace Disability Inclusion Associate
Ellice is an Extension Associate with the K. Lisa Yang and Hock E. Tan Institute on Employment and Disability. She provides content development, training and technical assistance for EARN. As an Extension Associate, she provides national technical assistance and training on topics related to disability and employment, and U.S. disability policy. Her areas of focus include employer practices to support workforce disability inclusion, demand-side strategies to improve employer engagement among disability service providers and evidence-based practices to support post-school success for youth with disabilities.
Presenters:
- James Potts , Senior Consultant - Cognitive/Neurological Team
- Melanie Whetzel , Principal Consultant, Team Lead
Presentations
Transcripts
Presenters:
- Lisa Mathess , Principal Consultant, ADA Specialist
- Melanie Whetzel , Principal Consultant, Team Lead
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
Presentations
Transcripts
Presenters:
- James Potts , Senior Consultant - Cognitive/Neurological Team
- Lisa Mathess , Principal Consultant, ADA Specialist
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Terri Rhodes, Chief Executive Officer, Disability Management Employer Coalition (DMEC)
- Bryon Bass, Senior Vice President Workforce Absence and Disability Practice Leader, Sedgwick
- Susanne Bruyere, Co-Director and Co-Principal Director, Employer Assistance and Resource Network on Disability Inclusion (EARN)
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Presenters:
- Melanie Whetzel , Principal Consultant, Team Lead
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Presenters:
- Julie Davis, Consultant - Motor Team
- Matthew McCord, Senior Consultant - Motor Team
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Transcripts
Presenters:
- Lisa Mathess, Principal Consultant, ADA Specialist
- Melanie Whetzel, Principal Consultant, Team Lead
- Tracie DeFreitas, Program Leader, Director of Training, Services, and Outreach
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Presenters:
- Tracie DeFreitas, Program Leader, Director of Training, Services, and Outreach
- Jeanne Goldberg, Equal Employment Opportunity Commission (EEOC)
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Presenters:
- Matthew McCord, Senior Consultant – Motor Team
- Teresa Goddard, Lead Consultant – Assistive Technology Services
- Jose Gonzalez Lopez, Consultant — Sensory/Motor Teams
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Presenters:
- James Potts, Senior Consultant - Cognitive/Neurological Team
- Melanie Whetzel, Principal Consultant, Team Lead
- Linda Batiste, Director of Publications and Services
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Presenters:
- Lisa Mathess, Principal Consultant, ADA Specialist
- Lore Lee, Consultant
- Matthew McCord, Senior Consultant – Motor Team
- Tracie DeFreitas, Program Leader, Director of Training, Services, and Outreach
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Handouts
Presenters:
- Teresa Goddard, Lead Consultant – Assistive Technology Services
- Jose Gonzalez Lopez, Consultant - Sensory/Motor Teams
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Transcripts
Presenters:
- Melanie Whetzel, Principal Consultant, Team Lead Cognitive/Neurological Team
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Transcripts
Presenters:
- Lisa Mathess, Principal Consultant, ADA Specialist
- Tracie DeFreitas, Program Leader, Director of Training and Outreach
Presentations
Transcripts
Handouts
Presenters:
- Jose Gonzalez Lopez, Consultant – Sensory/Motor Teams
- Teresa Goddard, Lead Consultant – Assistive Technology Services
Presentations
Transcripts
Presenters:
- Melanie Whetzel, Principal Consultant, Team Lead