Lisa Marie Clinton Of CentralReach On What You Should Do If Your Employer Is Not Willing To Make Reasonable Accommodations For Your Disability
An Interview With Eric Pines
Keep a physical record of your efforts. Maintain a running log and written documentation of every effort you have made to address your needs and the responses you have received from your employer. Write and document your initial conversations with management in a formal letter and allow time for a response. Depending on the outcome of this conversation, it may be either informal or formal. Any accommodations you receive should also be recorded in the event you need to reference them in the future.
There has been a significant improvement in disability inclusion in recent years. That said, there are still times when employers need to make reasonable accommodations for individuals with disabilities. What recourse is there for someone whose employer is unwilling to make reasonable accommodations? What do businesses still need to learn about making reasonable accommodations for disabled employees or customers? In this interview series, we are talking to lawyers, HR experts, disability advocates, business leaders, and authors about “What You Should Do If Your Employer Is Not Willing To Make Reasonable Accommodations For Your Disability.” As a part of this series, we had the pleasure of interviewing Lisa Marie Clinton.
Lisa Marie Clinton has over 14 years of in-depth, hands-on experience in the field of education and skills development for individuals with autism and intellectual and developmental disabilities (IDD). Fueled by her passion, drive, and vast real-life expertise, Lisa Marie leads CentralReach’s adult transition strategy and revolutionary digital software avail® by CentralReach, which promotes lifelong learning, enabling children and young adults to live a more independent at home, at school, and at work.
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?
I have spent my entire career in Ireland working in the disability space across every stage of development for individuals with autism and intellectual and developmental disabilities (IDD): from early intervention to education, to employment and beyond. Over time, I grew frustrated when I could see opportunities to provide better services but no means to do so. Multiple extenuating circumstances such as limited funds, staffing issues, infrastructure, or culture impact the care available to certain individuals, potentially restricting them from reaching their full potential.
At one point, I was working with a five-year-old boy with autism named Liam. I realized the role technology could play in delivering tailored applied behavior analysis (ABA) to individuals with autism and IDD. I came up with the idea for avail®, a mobile assistive program delivering personalized support to individuals with autism and IDD throughout every stage of their lives. After launching avail in 2017, the technology was soon acquired by CentralReach, the leading provider of autism and IDD care software, where I was brought on as Director of Avail Support. Now, avail’s services have expanded beyond the classroom into the therapy and employment spaces, filling many gaps in lifelong autism and IDD care.
You are a successful leader. Which three character traits do you think were most instrumental to your success? Please share a story or example for each.
- Reliance — You need to have the focus and foresight to stay on track even when it looks like the wheels are coming off. Continue moving forward!
- Self-awareness — When you start a business you will need to wear many different hats. However, as you grow your team, you need to identify your strengths and weaknesses and delegate tasks to those who are more equipped to carry them out. For me, that was bookkeeping.
- Decisiveness — Own your decisions and move on. Every decision is dependent on multiple factors, and you can only make the best decision based on what you know at the moment. Some decisions will be better than others, all of which you will learn from.
Can you share a story about one of your greatest work-related struggles? Can you share what you did to overcome it?
I founded avail after experiencing many professional challenges during my time working with people with autism and IDD. As l took a broader view and conferred with colleagues, I realized that everyone in the space had the same pain points. I struggled to identify the most appropriate business model in those early days of development and company formation. As a social entrepreneur, I desired to assist individuals in gaining access to and excelling through the use of software, aiming for the services to be free. Unfortunately, when I looked at the business plan, development costs, launch roadmap, services, and scaling of the product, I realized I needed to ensure the company had an income stream and was profitable to continue its mission to empower as many individuals to achieve their goals and independence as possible.
Though naive at the beginning, I wanted my technology to help as many individuals as possible, minimizing the struggles individuals experienced, not adding to them. As avail has grown and expanded upon its original capabilities, I have seen so many people benefit from its assistance. Educators, therapy providers, pre-employment agencies and employers are all using the tool. People of all ages have access to these services, proving that sometimes you need to make changes to your initial plan to best serve your company and customers moving forward.
What are some of the most interesting or exciting projects you are working on now?
Our customers at CentralReach and their user stories constantly excite and impress me. I love hearing their personal experiences using the technology and how it impacts both their lives and the lives of those around them. Not only hearing but witnessing how avail users are succeeding is the greatest gift a founder can receive.
Within the education, therapy provider, and adult services spaces, we have partnered with some incredible organizations to help individuals excel throughout every stage of their lives. We have had the pleasure to work with Project SEARCH, the leading school-to-work transition program for individuals with disabilities with over 700 employment sites internationally. It is very rewarding to work with service providers, employers and especially our end users, the job seekers on how to use avail for the first time, opening their eyes to a world of possibilities.
Although avail was originally created to be implemented in the education space, it is amazing to see it used to fill the autism service gap many individuals encounter when transitioning from school to employment. Often, behavioral health services end once an individual ages out of school, despite still needing these services to obtain jobs and live independent lives. Although job coaches are available to some, labor shortages make this accommodation scarce. However, technology available through a smartphone or tablet can be accessed by basically anyone anywhere. We have had the pleasure of recently breaking into the retail industry through a partnership with STEP Thrift Store and Donation Centers in Michigan which have started leveraging our technology to onboard, train, and retain employees. All of CentralReach’s customers and partners are doing remarkable things for the autism and IDD space and inspire me everyday.
Fantastic. Let’s now shift to our discussion about inclusion. 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 essential for a business or organization to have an inclusive work culture?
We are all unique individuals with various traits, perspectives, and backgrounds. Yet, companies have often tailored their hiring and training practices to individuals traditionally seen as the norm, the standard, or the majority, often neurotypical, able-bodied individuals. As we have come to learn, some individuals require different environments or resources to thrive. An opportunity then arises for companies to provide accommodations and improve upon their company culture and practices in order to not miss out on skilled and creative talent. By alienating large subsets of job seekers in turning away from diversity, equity, inclusion, and accessibility efforts and conversations, businesses are not only denying many people of great work opportunities but missing out on the vast contributions these individuals can make to their organization. This can further limit a company or organization’s potential in gaining and retaining talented individuals. A recent Deloitte report stated 69% of the millennial and Gen Z workforce are more likely to stay for five or more years at a company with a diverse workforce. Additionally, 76% of employees believe DEI in strategy to be “non-negotiable,” according to Glassdoor research.
To combat these issues, many businesses implement initiatives aimed at achieving diversity, equity, inclusion, and accessibility. Those who create an inclusive work environment prompt innovation, engagement, trust, and belonging from their employees. These initiatives also provide companies with a competitive advantage in employee attraction and retention as a more inclusive and welcoming company will ultimately foster a healthier work environment for everyone.
Companies across industries are experiencing workforce shortages that are impacting their business and services. At the same time, a large percentage of individuals with autism are unemployed. This has created a great opportunity to leverage the untapped talent of diverse communities and better equip companies to serve their customers and retain diverse talent.
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?
At CentralReach, we’re committed to building a diverse team, fostering an inclusive culture, and investing in equity across our organization. We believe building a team diverse in people, ideas, and experiences allows all of us to be more successful in our jobs and better address the needs of our diverse customers. We offer competitive integrated employment for a number of individuals across a wide range of technology-related roles, witnessing the strengths in hiring across a neurodiverse community.
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?
Employers are required to ensure all employees have equal access to necessary resources, regardless of an individual’s abilities or disabilities. This means making sure that everyone has access to the environment and benefits they need to perform their jobs successfully including, but not limited to, making reasonable accommodations to enable employees to perform the functions of their job. These accommodations may be required as early as in the interview and onboarding process and may be requested on a daily basis. Just as everyone’s needs are different, every accommodation is also different, and employers can work with the employee and government agencies to determine the best plan for each individual.
While there is a misconception that these accommodations are expensive, under the Department of Labor’s Office of Disability Employment Policy, 58% of accommodations cost employers absolutely nothing to make. Should there be a cost associated with certain accommodations, such as those associated with purchasing an assistive technology solution for neurodiverse employees, there is often financial support available through government agencies to fund these endeavors. For example, Vocational Rehabilitation helps job seekers with disabilities obtain and maintain a job and various other tax incentives can help fund these accommodations.
Aside from what is legally required, what best practices can make a business place feel more welcoming and inclusive of people with disabilities? Please share a few examples.
Inclusivity begins with the hiring process. Organizations should make it clear to job seekers that accommodations are available in every job posting. Sometimes, candidates are deterred from applying to positions they think will not be able to accommodate their disability. By being clear on the availability of accommodations, organization and companies bypass the hurdle of employees having to initiate this conversation. Some individuals may even require accommodations for the interview process. For example, some individuals with autism or IDD may prefer a Zoom interview over an in-person one to allow them to best showcase their talents and strengths. Establishing that a workplace is welcoming to all individuals creates a safe environment for employees.
Though originally implemented for the pandemic, many organizations have recently adopted a hybrid or remote work model providing more opportunities for employees with disabilities, and showing promise for keeping these initiatives around long term. Some employees thrive in the quiet environment of a home office or with the flexibility of working from wherever they want, improving their productivity and professional growth. Businesses that evolve with the changing times and work models, will see the many benefits it has on their employees and overall business outcomes. Rather than sticking to how things are traditionally done, businesses should consider adapting to address their employees’ changing and diverse needs.
Here is the central question of our interview. What are the best steps to take if an employee feels that reasonable accommodations are not being made to address their needs? Can you please share “five things one can do if a business is unwilling to make reasonable accommodations for their disability?”
1 . Advocate for yourself. Although it may be challenging to initiate conversations about your work needs and accommodations, sometimes it is necessary in order to make management aware of the conditions and resources you require to succeed. Begin by speaking with your manager about your role and employment duties, providing details of the challenges you are currently facing. Emphasize how these challenges impact your day-to-day work, relating it back to company policies. Note the appropriate changes your employer should make to facilitate your needs. If these initial conversations with management are unsuccessful, seek advice from your company’s human resources manager to discuss further steps to implement changes.
2 . Keep a physical record of your efforts. Maintain a running log and written documentation of every effort you have made to address your needs and the responses you have received from your employer. Write and document your initial conversations with management in a formal letter and allow time for a response. Depending on the outcome of this conversation, it may be either informal or formal. Any accommodations you receive should also be recorded in the event you need to reference them in the future.
3 . Seek advice from advocacy groups. While many organizations want to see their employees succeed and will agree to provide employees with necessary accommodations, this is not always the case. In the event that your requests are not met, seek out the advice of advocacy groups. There are many state- and other non-profit disability advocacy groups that can assess your employment situation and provide further guidance in obtaining accommodations. Various networks including AskJan, for example, provide resources and accommodation ideas.
4 . Explore your legal options. If the reasonable accommodation still hasn’t been met or is denied without a valid reason, you may want to explore your legal options. Under federal and state law, advocacy and state agencies have the authority to provide those with disabilities legal representation. If you are unsure of the appropriate agency in your state, search for Local Protection and Advocacy and Client Assist Programs here.
5 . File a formal complaint to ADA. Your final option, if every other avenue has failed, is to file a formal complaint under the ADA. ADA’s website provides helpful steps regarding where and how to file a complaint; available here. Additional details regarding filing a charge of discrimination with the U.S. Equal Employment Opportunity Commission can be found here.
Can you please give us your favorite “Life Lesson Quote”? Can you share a story about how that was relevant in your own life?
“Positive thoughts, positive actions, positive results.” I’m not sure where I first heard this quote, but I have lived by this mantra my entire career. When l have a challenge, I try to launch straight into solution mode, finding three to five options for resolution. By the end of a session, all I can see are my options, not the problem anymore. Facing every situation with a good and forward-thinking attitude breeds productive results, ultimately, creating a healthy work environment.
You are a person of significant 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. :-)
Given the space l work in, I would love to bring more attention to and make a positive impact on the “Ability not DISability” movement. While there has been a shift away from a medical model when looking at individuals who have disabilities, society, employment, providers, and even family members may see an individual’s disability before seeing his or her ability. Everyone has the ability to succeed and accomplish great things, however, focusing on one’s disability can create limitations and hinder an individual from reaching his or her true potential. Through my work, I aim to help people realize their potential and enhance their abilities in order to live a meaningful and enjoyable life. Having high expectations for individuals and using a strengths-based approach, focusing on individuals’ positive attributes rather than their deficits, allows them to aspire toward their goals.
How can our readers further follow your work online?
Feel free to connect with me on LinkedIn or learn more about our work on our website: www.availsupport.com.
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.
