1. Disclaimer Information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA. ADA Center authorized by NIDRR to provide information, materials, and technical assistance to individuals and entities that are covered by the ADA GREAT PLAINS ADA CENTER 800-949-4232

2. Goal for today Let’s demystify the R A process!

3. Session Agenda/Goals Discuss basic ADA provisions for reasonable accommodation for applicants and employees with disabilities Identify practical strategies for the provision of accommodations Provide accommodation resources Answer your questions

4. Reasonable Accommodations Any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities Equal employment opportunity: opportunity to attain same level of performance or to enjoy equal benefits and privileges of employment 4

5. Three Categories of Accommodations Application process Performance of the essential functions of the position Enjoyment of equal benefits and privileges of employment 5

6. Accommodation Basics Must be an effective accommodation Need not be best accommodation, just effective Must only reduce employment-related barriers Personal devices not required Individuals covered solely under the “regarded as” prong NOT entitled to accommodations Employer not prevented from providing extra accommodations 6

7. Reasonable… Making modifications to increase facility accessibility Job restructuring Flexible scheduling Acquiring new equipment Providing qualified readers and interpreters Modification of application and testing procedures and training materials 7

8. …Not so much! Eliminating essential job functions Lowering production standards applied to all employees Providing personal use items Changing an employee’s supervisor Excusing violation of uniformly applied conduct rules Undue hardship 8

9. The R A Challenge

10. Challenge #1 Jessie is a clerical worker for an accounting firm. His job tasks include maintaining files, typing, and preparing reports. It’s tax season, things are busy, and Jessie is having a hard time maintaining his concentration. When he mentions the problem to his supervisor, she says he’ll need to put up with the noise like his coworkers. Jessie admits that his level of distraction is due to ADD and his learning disability and asks if the firm is willing to work with him to consider changes to help him do his job more effectively? What should the supervisor do? 10

11. The Accommodation Process

12. Purposes of the Interactive RA Process Learn the specific essential job functions the employee is unable to perform due to disability Understand employee’s ideas for specific accommodations Request additional information that justifies an employee’s specific request Facilitate a negotiation resulting in mutual agreement Explain what accommodation the employer is able and willing to provide Inform the employee about the employer’s inability to provide a reasonable accommodation due to undue hardship 12

13. The Interactive Process Look at particular job and determine essential functions Consult with employee – Abilities and limitations – Effectiveness of potential accommodations Consider the preference of the employee Select the accommodation that best addresses needs of the employee and the employer 13

14. Provision of Accommodations Know accommodation resources Centralize the process Consider developing accommodation policies and request forms Don’t be afraid to ask for documentation of need for accommodation Make sure managers and supervisors recognize RA requests Determine who should participate in the interactive process 14

15. Documentation Describe why documentation is needed (i.e., to verify existence of disability and need for accommodation) Identify the types of professional who can provide documentation Describe the type of information needed in the documentation Has a covered disability Functional limitations that the person experiences because of the disability Suggested accommodations in the workplace If the information provided does not clarify, employer may send to professional of their choice 15

16. Employee Responsibilities Process must be initiated by the employee with a disability - disclosure required Provide documentation of need for accommodation if requested Be involved in process of identifying effective accommodation 16

17. RA Implementation Provide training on the provided accommodation, if necessary Consider implementing a centralized funding mechanism Monitor implementation of the accommodation at regular intervals Document RA implementation process 17

18. The RA Challenge, Part 2

19. Challenge #2 Grace is a salesperson for a major department store. She experiences difficulty with her MS and misses 5 days of work. When she returns to work, she presents a note from her doctor that says “Off from work 2/13-17, able to return 2/20”. The manager refuses to excuse the absences because the note fails to mention the nature of the condition being treated. Is Grace’s documentation sufficient? 19

20. Challenge #3 A paraprofessional for a school district has severe chemical and environmental sensitivities. The school building where she works has a severe mold infestation. She does extensive research and identifies a portable air purifier and requests the district supply the purifier as an accommodation. Instead, the district purchases an alternate unit that costs less. The unit isn’t working. When she approaches the principal, she’s told that the district already provided accommodation. What do you think?

21. Common Barriers to Accommodation

22. Barrier 1 Stopping the interactive process because no RA would enable the employee to perform the essential functions Options: – Working part time – Reassignment – Leave of absence

23. Barrier 2 Assuming a job function is essential simply because the supervisor says it is Factors to consider: – Job description – Frequency & importance of the task – Are others available to perform the task? – Do other employees in the same position perform the task?

24. Other Barriers Sharing with line managers all the specifics about an employee’s impairment Ignoring the relationship between ADA and other laws Dismissing an RA request because on its face it appears unreasonable Being too reasonable by eliminating essential functions

25. A Few More Failing to document why a request is denied Considering performance in deciding whether a request is reasonable Failing to engage in the interactive process because the employee request doesn’t include specific ideas Defining undue hardship too broadly

26. Accommodation Financial Issues

27. Accommodation Facts Over 70% of employees with disabilities never request an accommodation Cost effectiveness: 56% of employers reporting cost data paid nothing* 76% of employers report that accommodations are effective* * Job Accommodation Network (Original 2005, Updated 2007, Updated 2009, Updated 2010, Updated 2011). Workplace accommodations: Low cost, high impact. Retrieved February 28, 2012, from http://AskJAN.org/media/LowCostHighImpact.dochttp://AskJAN.org/media/LowCostHighImpact.doc 27

28. Undue Hardship Action that requires significant difficulty or expense - unduly costly, extensive, substantial, disruptive, fundamentally alters nature or operation of business In relation to size of the employer, resources available, nature of the operation Must be determined on a case-by-case basis IMPORTANT: Consider alternate accommodations that do not create undue hardship 28

29. Tax Incentives Available Disabled Access Credit Barrier Removal Deduction Work Opportunity Tax Credit 29

30. Other Accommodation Issues

31. Confidentiality Strict legal limitations on use of medical information All medical information kept in file separate from personnel records Share medical information only on an as- needed basis Includes sharing information with coworkers 31

32. Coworker Resentment When asked about accommodations: Acting for legitimate business reasons Acting in compliance with federal law Tries to support the needs of all employees Clearly communicate to coworkers that accommodation is not preferential treatment When possible, extend certain accommodations to all employees 32

33. Accommodation Resources

34. National Network of ADA Centers Ten regional centers funded by the US Department of Education The ADA National Network provides information, guidance and training on the Americans with Disabilities Act (ADA), tailored to meet the needs of business, government and individuals at local, regional and national levels. Contact information – Toll free hot line - 800-949-4232 (voice/TTY) – Web site - www.adata.orgwww.adata.org 34

35. Great Plains ADA Center www.gpadacenter.org 800-949-4232 573-882-3600 www.adasymposium.org www.adacoordinator.org

36. Other Organizations Job Accommodation Network 800/526-7234 (V, TTY) www.askjan.org www.askjan.org Equal Employment Opportunity Commission 800/669-4000 (V) www.eeoc.govwww.eeoc.gov Department of Labor’s Office of Disability Employment Policy www.dol.gov/odep/www.dol.gov/odep/ Cornell University Employment & Disability Institute www.hrtips.org www.hrtips.org 36

37. A Few Publications… EEOC’s Reasonable Accommodation & Undue Hardship Under the ADA http://www.eeoc.gov/policy/docs/accommodation.html http://www.eeoc.gov/policy/docs/accommodation.html JAN’s Employers’ Practical Guide to RA http://askjan.org/Erguide/ http://askjan.org/Erguide/ JAN’s Sample RA Form for Employers http://askjan.org/media/raemployersform.htm http://askjan.org/media/raemployersform.htm Cornell’s Reasonable Accommodations Under the ADA http://www.ilr.cornell.edu/edi/hr_tips/download.cfm?prod_i d=81 http://www.ilr.cornell.edu/edi/hr_tips/download.cfm?prod_i d=81 37

38. Questions? ???????? 38