Module 3 Reasonable Accommodation

Module 3 Goals To understand the concept of reasonable accommodation, its process, and the circumstances under which it is required To learn how to problem-solve situations where reasonable accommodation might be necessary in the workplace

Definition of Disability An individual with a disability is one who:  has  has a record of, or  is regarded as having a physical or mental impairment that substantially limits a major life activity.

Definition of Disability An individual with a disability is one who has a physical or mental impairment that substantially limits a major life activity. Continued

Major Life Activities These are basic activities that the average person in the general population can perform with little or no difficulty. Caring for Oneself Performing Manual Tasks Walking Seeing Hearing Speaking Breathing Concentrating Learning Working Sitting Standing Lifting

Answers to the Quiz A7 B4 C8 D6 E10 F5 G2 H11 I9 J3 K1

Qualified Individual with a Disability A qualified individual with a disability means one who satisfies the requisite skill, experience, education, and other job-related requirements of the position such individual holds or desires, and who…

With or without reasonable accommodation can perform the essential functions of such a position.

What makes a job task essential? If the position exists to perform the function If there are a limited number of employees among whom the task can be distributed If the function is highly specialized

Evidence of Essential Functions Employer's judgment as to which functions are essential Written job descriptions prepared before advertising or interviewing applicants Amount of time spent performing the function

Consequences of not performing the function The terms of a collective bargaining agreement Work experience of past incumbents on the job Current work experience of incumbents in similar jobs Evidence of Essential Functions Continued

Accommodations are: Any changes in the work setting that enable qualified workers to accomplish their tasks.

Scope of Reasonable Accommodation: Modification to the job application process Modification to the work environment or the manner in which the position held is customarily performed Modification that enables an employee with a disability to enjoy equal benefits and privileges of employment

Accommodations are dependent upon: The specific requirements of the job The particular need(s) of the employee or applicant The extent to which modifications or aids are available without causing an undue hardship on the employing organization

Possible Areas of Functional Limitations Reading Writing Mathematics Organizational Skills, Memory and Time Management Managing the Physical Environment

Working at Full Productivity Maintaining Stamina Working Effectively with Supervisors Interacting with Coworkers Possible Areas of Functional Limitations Continued

Handling Stress and Emotions Concentrating on Work Details Completing Projects and Meeting Deadlines Maintaining Tasks/Sequences and Maintaining Daily Information Possible Areas of Functional Limitations Continued

Categorizing Accommodations Physical Modifications Managerial Action Provision of Services

Examples of Reasonable Accommodation: Making existing facilities used by employees readily accessible and usable by individuals with disabilities Job restructuring Part-time or modified work schedules

Examples of Reasonable Accommodation: Adjustment or modifications of examinations, training materials, or policies Providing qualified readers or interpreters Reassignment to vacant positions Continued

The Job Accommodation Network is: An information and consultation service providing individualized accommodation solutions via a website and an 800 number. JAN’s purpose is to make it possible for employers and others to share information about job accommodations.

Average Cost of Job Accommodations –20% of all accommodations suggested had no cost –51% cost between $1 and $500 –11% cost between $501 and $1,000 –3% cost between $1,001 and $1,500 –3% cost between $1,501 and $2,000 –8% cost between $2,001 and $5,000 –4% cost more than $5,000 Source: Job Accommodation Network Survey 1

Determining Reasonable Accommodation Determine the essential functions of the job Consult with the employee to determine his or her abilities and specific needs Identify potential accommodations in consultation with the individual If two or more possible accommodations exist, consider the preference of the individual, and then select the method that best serves both the individual and the business

CROSSWORD PUZZLE Across: 1. Mosquitoes do it 2. Dogs do it 3. Horses do it 4. Children do it Down: 1. Insects that sting 2. Organs of vision 3. Big brothers do it to little sisters 4. Without effort

CROSSWORD PUZZLE Across: 1. Mosquitoes do it 2. Dogs do it 3. Horses do it 4. Children do it Down: 1. Insects that sting 2. Organs of vision 3. Big brothers do it to little sisters 4. Without effort 1 B 2 I 3 T 4 E 2 B ITE 3 B IT E 4 B ITE

Accommodation Scenario #1 Juanita is a 32-year-old Postal Worker who communicates through handwritten notes, gestures and partial lip reading. She is in line for a promotion to the position of Time and Attendance Clerk. In the past, the person who was the Time and Attendance Clerk answered the telephone as a back up to the regular receptionist in addition to other duties. Juanita's supervisor is concerned about her ability to do the job and is considering denying Juanita this promotion because of his concerns.

Accommodation Scenario #2 Saundra, who is applying for a position as a Data Process Entry Clerk, requires a sign language interpreter for the interview. The supervisor has some concerns that the company will need to hire a full-time interpreter for the employee to successfully perform her job duties.

Accommodation Scenario #3 Laverne works in a formal, corporate office. The office staff communicates with each other through the use of an office intercom. Laverne is hard of hearing and finds the intercom difficult to use. She continually chooses not to use the office intercom to talk to her supervisor, as requested. Instead, she frequently poses questions to him in a loud boisterous voice that is an irritating disruption for her co-workers and supervisor.

Accommodation Scenario #4 Roberto, who uses a wheelchair, has just been hired by an accounting firm. His office is accessible but the conference room where all the staff meetings and trainings are held is not accessible.

Accommodation Scenario #5 Shirley uses a wheelchair and desires a job in the field of video and film. Shirley has several years of experience, but the only available position is entry-level labeling and packaging film cartridges. She feels this position is beneath her capabilities.

Accommodation Scenario #6 Brian uses a wheelchair. His Mail/Messenger job also includes major photocopying jobs. He is unable to reach the selection button mounted on the rear of the photocopier.

Accommodation Scenario #7 Jonathan, a Chef, is a paraplegic and uses a wheelchair needs to access several different areas in the restaurant kitchen. His co- workers prefer to continue standing as they cook.

Accommodation Scenario #8 Joe has a significant speech and articulation problem. His speech is considered unintelligible at times; he stutters and has many involuntary facial movements. Joe's supervisor is very patient and understanding, but shares the concern of others about the extra amount of time required of her and co-workers to understand and direct Joe.

Accommodation Scenario #9 An employer is interested in hiring Adam as a Paralegal. As a Paralegal, Adam would be responsible for conducting background research on various legal issues. Adam would also edit his supervising attorney’s cases, interview potential plaintiffs, and draft legal briefs. Adam has had experience doing this type of work in two previous positions. He is blind and the employer is concerned about how he could perform these tasks.

Accommodation Scenario #10 Jeanette is a Radio Broadcast Announcer. She is blind and needs to read the Associated Press wire news which she receives over the phone lines connected to a printer.

Accommodation Scenario #11 Maya has multiple sclerosis and is extremely sensitive to heat. When she requests that the office thermostat be adjusted to meet her needs, her colleagues explain that they will be very cold. The company is unable to provide her with a private office.

Accommodation Scenario #12 Mohammed has held his position as Manager of the Communications Department for five years. His boss notices that he has become withdrawn in meetings, his work is late and he appears preoccupied while discussing business matters. When his supervisor shares his concerns, Mohammed explains that his doctor recently diagnosed Mohammed with depression.

Accommodation Scenario #13 Mark experiences a stress disorder and becomes easily overwhelmed. His company recently received a large work order and everyone is working under deadline to fill the order.

Accommodation Scenario #14 Susie is applying for a job as a Stock Clerk. Part of the application process involves taking a multiple-choice test. Susie meets all of the qualifications for this job. However, she has a learning disability and has difficulty taking written tests.

Accommodation Scenario #15 William has a variety of tasks to perform at the plant nursery where he works. His duties consist of sweeping the floors, dusting the shelves, restocking, watering the plants and collecting and restocking the carts from the parking lot. He often forgets to do some of his tasks.

Accommodation Scenario #16 Bob has Attention-Deficit / Hyperactivity Disorder. He is easily distracted on the job site and has a history of frequently engaging in loud, inappropriate conversation. Bob's work area faces a busy walkway into the office. Due to lack of office space and other factors, Bob can not move to another cubicle.

Accommodation Scenario #17 Tovah has mild mental retardation. She has the basic skills necessary for the job of Administrative Assistant, likes the work and shows potential. When she finishes one task, however, she tends to stand in one place and look around, unsure of what to do next. One of her co-workers has noticed this and will periodically give her small assignments to keep her busy.

Accommodation Scenario #18 Chen's job mandates a higher production rate than he is currently achieving. He was hired with the understanding and intention that his production rate would increase over a three-month period. After several weeks, however, Chen is still performing below the mandated production rate for the position, and errors are increasing.

Accommodation Scenario #19 Jane has a learning disability, but her supervisor thinks that she has the skills to succeed. Lately, however, Jane has had problems with dressing inappropriately and making personal telephone calls during work. Her supervisor has discussed these problems with Jane and she made some improvements in her dress, although she still wears inappropriate shoes. Jane also continues making personal calls during work time. The supervisor admits that they do not have a formal company policy, but insists that Jane only use the phone during her breaks. Jane expresses her confusion, as she sees her co-workers making and receiving personal calls during work time.

Accommodation Scenario #20 Given a specific mailing job duty that occurred only once a week, Rayford has difficulty remembering all the steps involved with the process. His supervisor is tired of having to repeat the directions each week.

Accommodation Scenario #21 A Job Coach had been on the job site with Connie for two weeks, giving constant support to the supervisor and to Connie. The entire office was supportive of Connie and responded well to the Job Coach. It is now time for the Job Coach to reduce her time from the job site and let the supervisor assume more of a support role for Connie. The Job Coach senses panic from the supervisor and receives several calls each day with complaints like "Connie just walked into our boss's office and sat down at his desk."

Accommodation Scenario #22 Sally, who has a developmental disability, works at a warehouse. For two weeks, Sally’s Manager trained her and directed her when to take a lunch break. At the end of the second week, the Manager was transferred. On that same day, her new manager did not direct her to take a break and so she worked six hours without a lunch break. Sally is very concerned that she may never be given an opportunity to take lunch breaks.

Accommodation Scenario #23 Rebecca, who has a spinal cord injury, loves her job, her co-workers and her supervisor. Recently, however, she has had difficulty making it to work on time and has been missing days due to problems with childcare.

Undue Hardship Significant Difficulty or Expense

Examples of Accommodations that are NOT REASONABLE Placing an applicant with a disability in a job for which he/she did not specifically apply Placing an individual with a disability into a job if doing so would create a direct threat to the health or safety of the individual or others Maintaining the salary of an employee reassigned from a higher-paying job to a lower-paying job, if the employer does not do so for other employees

Examples of Accommodations that are NOT REASONABLE Eliminating essential functions of the job Lowering production standards Providing personal use items (e.g. prosthetic limb, eyeglasses, hearing aids, wheelchair, hot pot or refrigerator) Creating a job Promoting an employee Bumping another employee from his/her job Continued