Disability Inclusion In The Workplace: Paul Klein of BlueDAG On How Businesses Make Accommodations For Customers and Employees Who Have a Disability

An Interview With Eric Pines

Be Loyal To Yourself. Early in my career, the organization I worked for had yearly layoffs. It was stressful for the staff, as they always felt threatened. But if you wanted to leave, they would say you weren’t loyal. Believe me, when it’s time to cut back or lay people off, there’s no loyalty except to yourself.

As we all know, over the past several years there has been a great deal of discussion about inclusion and diversity in the workplace. One aspect of inclusion that is not discussed enough, is how businesses can be inclusive of people with disabilities. We know that the Americans With Disabilities Act (ADA) requires businesses to make reasonable accommodations for people with disabilities. What exactly does this look like in practice? What exactly are reasonable accommodations? Aside from what is legally required, what are some best practices that can make a business place feel more welcoming and inclusive of people with disabilities? To address these questions, we are talking to successful business leaders who can share stories and insights from their experience about the “How Businesses Make Accommodations For Customers and Employees Who Are Disabled “.

As a part of this series, we had the pleasure of interviewing Paul Klein, CBO, CASp.

Paul Klein is an accessibility specialist, entrepreneur, and Co-Founder of BlueDAG LLC. From his days as a 1980s hair band guitarist🎸 and lifelong entrepreneur to consulting for some of the biggest brands, including Target, Neiman Marcus, Starbucks, Holiday Inn, and others, Paul helps public agencies, business owners, and other professionals increase their knowledge and understanding of federal and state accessibility regulations.

Thank you so much for joining us in this interview series! Before we dive in, our readers would love to “get to know you” a bit better. Can you tell us a bit about your ‘backstory’ and how you ended up where you are?

My backstory began when I was in high school. I played in an eighties hair band; think Van Halen, Motley Crue. By the nineties, it became apparent that I wouldn’t be the next Guns and Roses, so I cut my hair and got a real job. When I turned 40, I realized I was an entrepreneur stuck in a bureaucracy. So, in 2009, I left my stable career and started my own accessibility consulting business, where I worked with some of the biggest brands, including Starbucks, Yum Brands, and Neiman Marcus. I co-founded BlueDAG in 2016.

Every day, I look forward to helping people better understand the ADA and all its various requirements. Making the complex easy is what we do.

You are a successful leader. Which three character traits do you think were most instrumental to your success? Can you please share a story or example for each?

Relationships, integrity, and honesty make up the foundation for business success.

You can’t make everything just about you, nor can all interactions be transactional. Show genuine interest in others’ success as much as yours and good things will happen. Say what you mean and mean what you say. Show up on time, follow through, and don’t be a flake.

To this day, it amazes me how many people are pleasantly surprised by a simple follow-up email or phone call, as if following up and following through have become a lost art. Being present is a USP (unique selling proposition) and sets you apart from the crowd.

Can you share a story about one of your greatest work-related struggles? Can you share what you did to overcome it?

When I went out on my own and started charging for my consulting services, it was pretty challenging to switch from a W2 employee to a W9 consultant. I didn’t understand my actual value at first.

There was a lot of trial and error. I was undercharging, thinking that being the cheapest would win more business, but I needed to recognize my own worth. Some customers seek the lowest price, but many will pay a premium for better service, knowledge, expertise, and expedited timeframes. So, realizing that and how it transferred into the marketplace was a big challenge.

As Alan Weiss says, “The first sale is to yourself!”

What are some of the most interesting or exciting projects you are working on now?

One of the most interesting and exciting projects I’m involved in at BlueDAG is a complete overhaul of our ADA Title II Transition Plan and Self Evaluation suite.

The product development team is improving, simplifying, and streamlining the process and workflow for T-II agencies like cities, counties, transit authorities, and school districts to help them with their ADA compliance efforts.

Approximately 35,000 of these agencies exist nationwide, and only a fraction comply with the ADA.

BlueDAG’s mission is to help public agencies create inclusive and welcoming communities. Our software solution enables these agencies to comply with the ADA, making their public spaces accessible to people of all abilities so everyone can participate in our civic activities and services.

We’re super excited about this and other improvements on the horizon.

Fantastic. Let’s now shift to our discussion about inclusion. Can you tell our readers a bit about your experience working with initiatives to promote Diversity and Inclusion? Can you share a story with us?

Absolutely. One of the essential aspects of websites, mobile apps, and software is accommodating people with visual impairments.

Several years ago, BlueDAG underwent a thorough audit and review of our web and mobile applications to ensure that people with visual impairments can use the software, and that our software-generated reports use accessible formats so that our clients can create self-evaluations and transition plans that are ready for a screen reader.

We did this before there were any formal standards. Today, there are generally accepted guidelines, but we have yet to see any clear standards that have been formally adopted.

There are some guidelines and best practices, but the access board and the DOJ need to have specific standards because, as we all know, technology usually outpaces regulation.

Because inclusion, diversity, and accessibility are critical for us here, BlueDAG, we implemented several of these measures early on to promote inclusion for people with visual impairments.

This may be obvious to you, but it will be helpful to spell this out. Can you articulate to our readers a few reasons why it is so important for a business or organization to have an inclusive work culture?

It is imperative to accommodate people with disabilities in the work culture. Chances are, you know someone or have a family member who has a disability.

There are approximately 61 million people in the USA with some kind of disability; 43 million (about one in seven) with a physical disability. These are vital members of our community who can provide real value to businesses looking for workforce resources.

We’ve all experienced the challenges of recruiting qualified individuals for our teams, and there’s no reason to think that this segment of society can’t fully participate and fill this void. We are cheating ourselves to think otherwise.

The Americans With Disabilities Act (ADA) requires businesses to make reasonable accommodations for people with disabilities. For the benefit of our readers, can you help explain what this looks like in practice? What exactly are reasonable accommodations? Can you please share a few examples?

Reasonable accommodations are straightforward. It’s just common sense. Treating people with dignity and respect is not that complicated.

Unfortunately, some business leaders over-complicate it, but it’s just about doing the right thing if you think about it.

First and foremost, don’t assume someone needs a reasonable accommodation if they have not asked for it. It should be a well-known policy within your organization that an accommodation may be requested at any time. When the request comes in, be responsive to it and treat the requester respectfully.

Accommodations must fall within the boundaries of reason and common sense. For example, let’s say you’re a power company, and one of your line workers becomes injured and can no longer climb power poles to do their job. A reasonable accommodation is temporarily reassigning that individual to a position or duty they can do.

It would not be within the law or everyday ethics to fire that individual because they can no longer perform their essential job duties due to their disability.

Reasonable accommodation laws are about applying common sense and doing the right thing for the individual.

Aside from what is legally required, what are some best practices that can make a business place feel more welcoming and inclusive of people with disabilities? If you can, please share a few examples.

The biggest thing that businesses can do to be welcoming and inclusive to people with disabilities is to think inclusively. Don’t assume someone can’t do something because they look or act a certain way.

What matters is the job requirements, not how they may or may not look. Whatever assumptions you have, park those assumptions, treat those individuals as individuals, and respect them like any other. Assume they can perform the essential job functions until informed otherwise.

I worked for a local city many years ago, and one of the building inspectors had lost his leg. One of the requirements to be a building inspector was to climb ladders and on roofs. He was permanently on crutches, but he did roof inspections all the time. He was able to perform the essential job functions of the position. If we had assumed he couldn’t, it would have denied an opportunity for this individual based solely on the agency’s incorrect assumptions.

Consider inclusion instead of disability; see the opportunity for your organization and the individual first.

Can you share a few examples of ideas that were implemented at your workplace to help promote disability inclusion? Can you share with us how the work culture was impacted as a result?

Having a policy within your organization to include local disability advocacy groups for job shadowing, internships, and various opportunities is a great way to promote disability inclusion within your organization.

Many businesses and organizations underutilize local disability advocacy groups within their work culture. Additionally, you may come away with a great employee.

These advocacy groups know their community and what they need best, so ask. They are some of the most helpful and eager people you will work with.

This is our signature question that we ask in many of our interviews. What are your “5 Things I Wish Someone Told Me When I First Started My Career”?

#1 Believe In Myself. Those who were older or I looked up to did not always have my best interest in mind.

#2 Stay Away From Debt. Debt added a lot of stress and headaches early in my career. When you are not living paycheck to paycheck, that is a great place to be.

#3 Be Loyal To Yourself. Early in my career, the organization I worked for had yearly layoffs. It was stressful for the staff, as they always felt threatened. But if you wanted to leave, they would say you weren’t loyal. Believe me, when it’s time to cut back or lay people off, there’s no loyalty except to yourself.

#4 Don’t Be Afraid To Take Chances. The average college graduate works in a career other than their degree field. Playing it safe is not always the best option. Feel free to experiment, go after that promotion, gain some extra knowledge, or start a side hustle. Experiment — you will be surprised by what you can accomplish!

#5 Don’t Fret Over Small Stuff. I remember my early career; the daily things I stressed or lost sleep over seem so trivial now. We’re better off slowing down to smell the flowers and spend time with friends and family. All the projects, challenges, work, and career stuff will all be there come Monday. Besides, who wants a stellar career but no friends or family to share it with because we devote all our time and energy to work?

Can you please give us your favorite “Life Lesson Quote”? Can you share a story about how that was relevant in your own life?

One of my favorite quotes is by Peter Drucker: “The Best Way to Predict the Future is to Create it.”

In my life and career, the best opportunities and advancements were realized when I took decisive action. We can’t wait for someone else, the government, or our brother-in-law to do it for us. Take action, get in the game, and make it happen!

You are a person of enormous influence. If you could inspire a movement that would bring the most amount of good to the most amount of people, what would that be? You never know what your idea can trigger. :-)

If I could wave a magic wand and create a movement or bring about change, it would be to create a deeper understanding of the importance of the ADA across all public agencies nationwide: transportation departments, school districts, and state and local entities.

A lack of compliance comes from a lack of understanding. Thousands of agencies nationwide lack accessible features and services for so many people, creating a segment of society that is being excluded and denied access.

One of our goals at BlueDAG is to increase this knowledge through our education and training. Our software solutions augment the application of that knowledge and expertise, making compliance efforts easier and more streamlined. That’s a win-win for everyone.

The goal is always to create more accessible communities so everyone can participate fully in the programs, services, and activities offered by these great agencies.

How can our readers further follow your work online?

Thank you. The best way to connect with us is by visiting www.bluedag.com as we have free ADA-related information and resources there. Additionally, you can catch me on the ADA Shop Talk Podcast on your favorite podcast player and at www.adashoptalk.com, where we have free educational webinars each month.

This was very inspiring. Thank you so much for the time you spent with this. We wish you continued success and good health!

About the Interviewer: Eric L. Pines is a nationally recognized federal employment lawyer, mediator, and attorney business coach. He represents federal employees and acts as in-house counsel for over fifty thousand federal employees through his work as a federal employee labor union representative. A formal federal employee himself, Mr. Pines began his federal employment law career as in-house counsel for AFGE Local 1923 which is in Social Security Administration’s headquarters and is the largest federal union local in the world. He presently serves as AFGE 1923’s Chief Counsel as well as in-house counsel for all FEMA bargaining unit employees and numerous Department of Defense and Veteran Affairs unions.

While he and his firm specialize in representing federal employees from all federal agencies and in reference to virtually all federal employee matters, his firm has placed special attention on representing Veteran Affairs doctors and nurses hired under the authority of Title. He and his firm have a particular passion in representing disabled federal employees with their requests for medical and religious reasonable accommodations when those accommodations are warranted under the Rehabilitation Act of 1973 (ADA). He also represents them with their requests for Federal Employee Disability Retirement (OPM) when an accommodation would not be possible.

Mr. Pines has also served as a mediator for numerous federal agencies including serving a year as the Library of Congress’ in-house EEO Mediator. He has also served as an expert witness in federal court for federal employee matters. He has also worked as an EEO technical writer drafting hundreds of Final Agency Decisions for the federal sector.

Mr. Pines’ firm is headquartered in Houston, Texas and has offices in Baltimore, Maryland and Atlanta, Georgia. His first passion is his wife and five children. He plays classical and rock guitar and enjoys playing ice hockey, running, and biking. Please visit his websites at www.pinesfederal.com and www.toughinjurylawyers.com. He can also be reached at eric@pinesfederal.com.