Creative problem solving for accommodations needs
When people have a disagreement with any one of over 50 state and local agencies in Washington, they turn to the Office of Administrative Hearings (OAH). OAH resolves disputes with a process the public can access, participate in, and understand. That makes Johnette Sullivan’s role as ADA Coordinator crucial to ensuring OAH meets the agency’s mission in an equitable way.
Five years ago, OAH developed training for all staff on the Americans with Disabilities Act (ADA). ADA knowledge and practices are key to meeting the needs of each customer. For example, schedulers may modify the duration of the hearing to accommodate for the effects of medication related to a disability. Conducting hearings may require the administrative law judge to travel to the person’s location as an accommodation.
“We train staff about their obligation under the ADA, and we reflect that in our policy,” said Johnette. “At our agency, every single employee can accept an accommodation request.”
OAH ADA training is self-paced and self-led. This format works around employee schedules. “We note the average time for completing tasks in each training module, so employees can select one that’s likely to fit the time they have available.” When necessary, the accommodation may be appointment of an individual to help a party meaningfully participate in their hearing. These individuals, known as “suitable representatives,” can access training materials on OAH’s public website.
OAH ADA trainings currently rely on videos and documents. “It’s a challenge to keep training content accurate and keep hyperlinks updated,” said Johnette. “We’ve begun an update using an e-learning application that modernizes training with more user interactivity, while making future updating easier.” OAH occasionally offers live training with a question-and-answer (Q+A) segment. They may also make a recording and include the most relevant Q+A.
OAH also educates through Teams town halls and roundtables. Half-hour town halls provide an opportunity for updates and Q+A on topics like privacy, diversity, new forms, Spanish language hearings, and accommodations. Roundtables are training meetings that allow staff to interact and share information and knowledge with each other, including implementation of an ADA accommodation. Staff may belong to more than one roundtable. OAH received over 100,000 requests for hearings each year in 2021 and 2022, but only a small number of customers requested accommodations. Since staff may rarely handle an accommodation request, it is vital that they can easily find answers if an accommodation need arises.
Making ADA accommodations requires creative problem solving. “It’s about stepping away from the notion that people with the same disability need the same accommodation,” said Johnette. “Each customer is unique. Be prepared to consult others when you get stumped.” She also recommends asking the customer about what accommodations worked in other areas of their life.
The same accommodation can also work for people with different disabilities. For example, Communication Access Realtime Translation (CART) may be an accommodation for people who are Deaf or Hard of Hearing but do not use sign language. CART might also accommodate someone with an auditory processing disorder (APD). The accommodation allows someone with APD to both read and hear what’s communicated to them, and they can replay the audio recording while reading the transcript.
Accommodations can benefit many people beyond the requester. Thinking with this mindset, accommodations can lead to more inclusion. “Nearly everything we do, we have to be prepared to modify. We are committed to anticipating the needs of our customers so they don’t have to ask in the first place,” said Johnette. “Grocery store sliding doors, for example, are an accommodation that anticipates customers using a wheelchair or cane while also making the entryway accessible to the dad with three kids. Adopting systems and processes that are easy to access and understand increases opportunity for everyone.”
JOHNETTE SULLIVAN is a Deputy Chief ALJ at the Office of Administrative Hearings covering the areas of risk, training and rulemaking. She is the longest serving OAH employee, and has been the ADA coordinator since 2016. For over 30 years, she held high volume unemployment insurance and public benefit appeals, in addition to multiple-day hearings in special education, licensing and regulatory appeals. She is a member of the Judicial Division of the American Bar Association, and a member in good standing of the State Bar of Montana and Washington State Bar Association.
