JAN is a service of the U.S. Department of Labor’s Office of Disability Employment Policy.

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Disability Inclusion Training

Anne E. Hirsh, MS, CPDM, CoDirector

Job Accommodation Network (JAN)

hirsh@jan.wvu.edu

Objectives JAN Overview Cost and Benefit ADAAA Update Interactive Process Situations and Solutions Questions

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Job Accommodations

Consultation Job Accommodations

All industries All job categories All impairments

Employment Legislation Americans with Disabilities Act Rehabilitation Act

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Job Accommodations

Technical Assistance Free National Easy to Use Audience Focused

Employers Individuals Service Providers Others

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Job Accommodations

Practical Guidance A to Z of Accommodations and Disabilities SOAR (Searchable Online Accommodation

Resource) Employers’ & Employees’ Practical Guides ADA & Rehabilitation Act Library Interactive Process

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Job Accommodations

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Job Accommodations

Costs and Benefits

Workplace Accommodations: Low Cost, High Impact

http://askjan.org/media/lowcosthighimpact.html

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Finding #1: Most employers report no cost or low cost for accommodating employees with disabilities.

Results

Over half of accommodations (57%) were made at no cost.

Of the 36% who experienced a one-time cost to make an accommodation, the typical cost of accommodating an employee was $500.

Research Findings

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Finding #2: Employers report accommodations are effective.

Results Of those responding, 73% reported the

accommodations were either very effective or extremely effective.

Research Findings

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Finding #3: Employers experience multiple direct and indirect

benefits after making accommodations.

Direct Benefits of Accommodation 90% Retained a valued employee 71% Increased employee’s productivity 54% Increased employee’s attendance

Indirect Benefits of Accommodation 64% Improved interactions with co-workers 59% Increased overall company morale 56% Increased overall company productivity

Research Findings

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The study results consistently showed that the benefits employers receive from

making workplace accommodations far outweigh the low cost.

Research Findings

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ADAAA Update

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Job Accommodations

Why Have a Process? Consistency Successful Accommodation Good Faith Effort

ADA Basics ADA Amendments Act – Broadened Disability Everything Else – Stayed the Same ADA Requires Reasonable Accommodation Interactive Process Recommended

Reasonable Accommodation Process

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Guiding Principles makes it easier to meet the definition of “disability” states the definition of “disability” in the ADA “shall be

construed in favor of broad coverage” and “should not demand extensive analysis”

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Job Accommodations

Language of basic definition remains:An individual has a disability under the ADA if he or she:

has a physical or mental impairment which substantially limits one or more major life activities;

has a record of such an impairment; or is regarded as having such an impairment.

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Job Accommodations

Five key changes to the definition of “disability”:1. “major life activities” expanded to include “major

bodily functions,”2. “substantially limits” redefined,3. ameliorative effects of “mitigating measures” not

considered (except “ordinary eyeglasses and contact lenses”),

4. rule for impairments that are “episodic” or “in remission,” and

5. “regarded as” redefined.

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Job Accommodations

Nuts and Bolts

Get past disability Don't confuse disability and accommodation Make decisions that are job-related and consistent

with business necessity Train your frontline Document your actions Remember ADA rules for reasonable accommodation

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Job Accommodations

Employers: Can choose among effective accommodation options Do not have to provide accommodations unless

needed because of a disability Do not have to provide accommodations that pose an

undue hardship Do not have to provide personal use items needed in

accomplishing daily activities both on and off the job Do not have to make an accommodation for an

individual who is not otherwise qualified for a position Do not have to remove essential functions, create

new jobs, or lower production standards

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Job Accommodations

ADA: Big Picture

Do not:

Discriminate

Do provide:

Reasonable Accommodation

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Nuts & Bolts

JAN’s Interactive Process

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Step 1: Recognizing an Accommodation Request

Starting the Interactive Process

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What is a reasonable accommodation request? An applicant or employee asks for something that is

needed because of a medical condition.

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An employee who is on FMLA notifies his employer that he will need additional leave after his 12 weeks of FMLA run out. 

Is this an accommodation request?

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Job Accommodations

Is this an accommodation request?

Yes. More leave (an accommodation) is needed Because of a medical condition

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Job Accommodations

What an accommodation request is not: Guess work Mind reading

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An employee comes to work smelling of alcohol. The employer confronts the employee. He admits he’s been drinking.  

Is this an accommodation request?

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Is this an accommodation request?

No.  No mention of underlying medical condition causing a

problem at work “Is there anything we can do . . .” Refer to EAP if available

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Step 1: Nuts

Missing a Request

Unnecessary Delays

Bolts

Err on the Side of Caution

Conduct Training

Assign Responsibility

Act Quickly

Streamline Procedures

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Step 2: Gathering Information

Getting What You Need To Process the Request

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What is allowed? Limitations, work-related problem, accommodation

ideas Medical documentation

Employee has a disability Employee needs an accommodation

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The doctor of an employee who was not injured on the job indicates that the employee will need light duty for six weeks until his back injury heals.  

Is this enough information for us to research accommodation ideas?

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Is this enough information for us to research accommodation ideas?

No. Light duty does not have specific meaning Do not know actual limitations

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Medical Documentation: Employee requests accommodation and the disability

and/or need for accommodation is not known or obvious

Definition of disability: an impairment that substantially limits one or more major life activities

Verify need for accommodation ADA confidentiality rules

Job Accommodations

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“List” of Conditions Deafness, blindness, mobility impairments requiring

use of a wheelchair, intellectual disability (mental retardation), partially or completely missing limbs

Autism, cancer, cerebral palsy, diabetes, epilepsy, HIV infection, multiple sclerosis, muscular dystrophy

Mental impairments such as major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive-compulsive disorder, schizophrenia

Job Accommodations

What is prohibited: Irrelevant information Information that is known or obvious

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In the past, an employee with multiple chemical sensitivity (MCS) asked not to have to attend face-to-face meetings in the office, but rather to attend them remotely. The employee recently asked to attend a week-long training remotely because of her MCS.  

Does the employer have all the information needed to process this request?

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Does the employer have all the information needed to process this request?

Yes. Employer has documented a disability Employer has documented the need for the

accommodation

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Step 2: Nuts

Getting What You Need

Not Asking for Too Much

Bolts

What, Why, How

Do You Already Have It? Why Do You Need It?

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Step 3: Exploring Accommodation Options

Figuring Out What Accommodations Might Work

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What should you do? Brainstorm Think outside the box Talk with the employee Use available resources

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A child therapist wanted to continue working while undergoing treatment for cancer. Because of her treatment she had a suppressed immune system and her doctor recommended she wear a mask while working. She found a mask that did not interfere with her speech, but found out that it frightened some of the young children she worked with. It looked like she might have to take leave time until finished with treatment.  

What might she or her employer do?

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What might she or her employer do?

Call JAN! 

Mask with cartoons Met employee’s needs and allowed her to perform her

job

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A call center employee with heart/circulatory problems needs to take breaks to move around. Allowing more breaks will interfere with the employer’s call routing system.  

How can we figure out what else might work?

Interactive Process

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How can we figure out what else might work?

Call JAN! 

Under desk pedal device Meets employees needs without leaving her desk

Interactive Process

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A federal employee with lupus works in a large room with cubicles and asks the employer to remove or filter all the overhead lights in her area.  

How should the employer decide which accommodation to choose?

Interactive Process

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How can we figure out what else might work?

Call JAN! CubeShield Meets employee’s needs with a low cost solution

Interactive Process

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What should you not do? Say “this is not how we do it” Rigidly stick to policies Not listen to anyone else

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A new supervisor decided that none of her employees would be allowed to work at home anymore. One employee asked to continue working at home during flare-ups of her gastrointestinal disorder. The new supervisor said “No, the new policy is no one works at home. You can take leave time.”  

Is this okay?

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Is this okay?

Probably not. Rigidly stuck to policy Did not consider other options Insisted on leave

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Step 3: Nuts

Saying “NO” Too Quickly

No Ideas

BoltsForget LawsForget PoliciesFocus on What Could Work

Ask the EmployeeAsk the DoctorAsk JAN

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Step 4: Choosing an Accommodation

Exercising Your Prerogative

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Consider: Employee’s preference Business needs

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A newly hired accountant is deaf and asked to bring his service dog to work. The dog alerts him to various sounds. However, he has to meet with co-workers regularly and one of them is severely allergic to dogs. The employer is considering installing visual alarms and computer notification software instead of allowing the new hire to bring in his service dog.

Do you think this is the best approach?

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Do you think this is the best approach?

Might be able to compromise: Allow service dog Consider having some

meetings remotely Leave service dog in secure

area when face-to-face meetings required Separate offices and

establish route of travel

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Do not consider: Co-worker morale Customer preference Power struggles

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An employee with an anxiety disorder was promoted to a new job. Her new supervisor’s management style is fast-paced and she tends to loudly shout out assignments rather than sitting down with employees or sending them emails, which is exacerbating the employee’s anxiety disorder. She responds by shouting back at the supervisor “you need to go get some training about how to manage people, you are causing me anxiety.” The supervisor responds “get used to it or go get some drugs if you can’t handle your job.” They both end up in your office.

Now what?

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Now what? Keep ADA obligations in mind Modifying supervisory methods = form of reasonable

accommodation Forcing employee to get treatment ≠ form of

reasonable accommodation You may need to be a referee

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An employee with a hearing impairment chose not to wear hearing aids, but he asked his employer to purchase an assistive listening device so that he could hear in meetings. 

Is this within the employer’s right to choose an effective accommodation?

Interactive Process

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Is this within the employer’s right to choose an effective accommodation?

No. Hearing aid is a personal need item Cannot require employees to use personal need items

instead of accommodations

Interactive Process

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An employee with high blood pressure has a self-trained service dog and asks his employer to allow him to bring his service dog to work.

Can the employer reject the accommodation because there is no proof?

Interactive Process

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Can the employer reject the accommodation because there is no proof?

No. Trial period Date to assess

Interactive Process

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Step 4: Nuts

Avoiding Power Struggles

Avoiding Co-worker Problems

Not Knowing If Accommodation Will Work

Bolts

Have a Neutral Person

Be a ManagerDo General Awareness TrainingLet Employee Discuss Disability

Try It!

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Step 5: Implementing the Accommodation

Taking Steps Necessary to Make Accommodation Work

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May involve: Purchasing and installing equipment Ordering a service Training Notifying those who need to know

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An employee was given permission to park in a accessible (“handicap”) customer parking space. The employer decided not to tell the parking office because of ADA confidentiality rules.

Is this the right approach?

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Is this the right approach?

No. Parking office needs to know Limit details

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Does not involve: Telling co-workers

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An employee with sleep apnea asks to change her schedule so she comes in 30 minutes later than other employees and then takes a shorter lunch to make up the time. Other employees notice this change and ask for a schedule modification too.

What can you do?

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What can you do? Start allowing all employees to have flexible

schedules? Deny the requests, but do not violate confidentiality

rules? Ask the employee if she would like to tell her

coworkers?

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A secretary with a shoulder injury and 10 pound lifting restriction had to get bulk items weighing more than 10 pounds from the storage closet. Her employer purchased her a small lifting device for office settings. 

Is that it?

Interactive Process

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Is that it?

No. May need to be assembled Employee may need instruction in use Route of travel may need to be established

Interactive Process

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An employee was in a car accident and became quadriplegic. He and his employer agreed speech recognition software would enable him to return to work and installed it prior to his return.

Is this all that has to be done?

Interactive Process

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Is this all that has to be done?

No. Important to think about training

Interactive Process

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Step 5: Nuts

Making Sure It Works

Communicating as Needed

Bolts

Test It!

Use Good Management Techniques

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Step 6: Monitoring the Accommodation

Making Sure the Accommodation Continues To Be Effective

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Do: Establish open lines of communication Check with the employee periodically Take responsibility for maintenance and updates

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An auditor with progressive vision loss from macular degeneration started using screen reading software a year ago. Recently the employer purchased new database software only to find out that the employee’s screen reading software would not work with the new database.  

How could the employer have avoided this problem?

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Job Accommodations

How could the employer have avoided this problem?

When purchasing new products and equipment: Remember to consider accessibility issues Do not forget about existing accommodations

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Job Accommodations

A nurse had allergies to substances used in one type of diagnostic test. The test was done infrequently so she had been informally allowed to trade duties with other nurses when the test had to be administered. A new supervisor wasn’t notified about the situation and when the nurse refused to help with the test, the new supervisor reprimanded her and then placed her on leave, stating that the nurse was not qualified for her job.

How could this have been better handled?

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How could this have been better handled? Even informal accommodations should be

documented New supervisors and managers need to be trained Inform new supervisors and managers as needed

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A Word About New Managers

and Supervisors

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Do not: Make employee jump through unnecessary hoops Ask for medical updates you do not need

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An employer implements an accommodation process that requires employees to recertify their disability and need for accommodation annually to make sure the accommodations are still needed and still effective.

Is this okay?

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Is this okay? Depends on whether the information is necessary Mandatory rule with set time frame probably not okay

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ExampleA retired Army medic has difficulty managing stress in the workplace due to her PTSD. Her stress intolerance was intensified when she heard the emergency medical helicopter arrive and depart from the hospital where she worked as a nurse.

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Job Accommodations

AccommodationThe nurse was reassigned to a vacant position on a unit that was far from the heli-pad so she rarely heard the helicopter. During times when the helicopter staff would practice maneuvers in her area she was allowed to work a flexible schedule.

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Job Accommodations

Step 6: Nuts

Keeping Accommodations Working

Effectively Communicating

Bolts

Communicate Effectively

Assign Responsibility

Announce, Publish, Repeat, Be Responsive

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Contact (800)526-7234 (V) & (877)781-9403 (TTY) AskJAN.org & jan@askjan.org (304)216-8189 via Text janconsultants via Skype

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