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“Current Events” in Accommodation

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1 “Current Events” in Accommodation
J A N W I R E “Current Events” in Accommodation Linda Carter Batiste, J.D., Principal Consultant Beth Loy, Ph.D., Principal Consultant

2 “Current Events” From JAN: Numbers 47,000+ contacts per year
Home Business Politics Technology Living World From JAN: Numbers 47,000+ contacts per year 50% electronic 16 million+ Webpage requests per year

3 AskJAN.org/corner “Current Events” From JAN: New Consultants’ Corners
Home Business Politics Technology Living World From JAN: New Consultants’ Corners Addressing Requests for Sit/Stand Workstations Sample Employee Accommodation Inquiry Letter Disability Awareness Training Decluttering Your Workstation Getting to Work on Time AskJAN.org/corner

4 AskJAN.org/webcast/archive/
“Current Events” Home Business Politics Technology Living World From JAN: Webcast Archives Monthly Series Get to Work! Exploring Telework, Modified Schedules, and Parking Accommodations Ask the JAN Motor Team Give Us Your Challenging, Your Bewildering, Your Unusual ADA Issues ADA Update PAS and the New Section 501 Affirmative Action Requirements AskJAN.org/webcast/archive/

5 “Current Events” From JAN: What’s New? ENews Articles JAN Blog
Accommodation Toolkit Home Business Politics Technology Living World

6 “Current Events” From ODEP Campaign for Disability Employment (CDE)
Home Business Politics Technology Living World

7 J A N W I R E “Current Events” Stay Tuned @ AskJAN.org Home Business
Politics Technology Living World J A N W I R E Stay AskJAN.org

8 “Current Events” Costs / Benefits: 4 Surveys Employer Professional
Home Business Politics Technology Living World Costs / Benefits: 4 Surveys Employer Professional Self / Individual Self-Employment

9 “Current Events” Employer Follow-up Study
Home Business Politics Technology Living World Employer Follow-up Study 1,182 employers interviewed between January, 2004, and December, 2006 1,188 employers interviewed between June 28, 2008, and July 31, 2017 Total of 2,370 Employers

10 “Current Events” Home Business Politics Technology Living World Finding: Employers want to provide accommodations so they can retain valued and qualified employees.

11 “Current Events” Results
Home Business Politics Technology Living World Results Of the employers who called JAN for accommodation information and solutions, most were doing so to retain or promote (83%) a current employee. On average (including those persons who had just been given a job offer or who were newly hired), the employees had been with the company about seven years, with an average wage of about $14 for those paid by the hour, or an average annual salary of about $51,400. In addition, the individuals tended to be fairly well-educated, with 54% having a college degree or higher.

12 “Current Events” Home Business Politics Technology Living World Situation: An insurance specialist with post-traumatic stress disorder had difficulty handling stress and controlling his emotions. The employee’s physician stated that these limitations were due to his mental health impairment and the side effects of his diabetes. His job performance and attendance were declining. Solution: As a reasonable accommodation, the employer allowed the employee to use a service animal. Reported Benefit: By making this accommodation the company was able to retain a well-qualified employee. Reported Cost: $0.

13 “Current Events” Home Business Politics Technology Living World Finding: Most employers report no cost or low cost for accommodating employees with disabilities.

14 “Current Events” Results
Home Business Politics Technology Living World Results Over half of accommodations (59%) 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. Only 25 (4%) said the accommodation resulted in an ongoing, annual cost to the company and 9 (1%) said the accommodation required a combination of one-time and annual costs.

15 “Current Events” Home Business Politics Technology Living World Situation: A quality control manager had trouble sitting for long periods of time due to chronic pain. Solution: As a reasonable accommodation, the employer purchased a sit/stand workstation. Reported Benefit: The employer stated that the accommodation allowed the employee to increase her productivity. Reported Cost: $500.

16 Finding: Employers report accommodations are effective.
“Current Events” Home Business Politics Technology Living World Finding: Employers report accommodations are effective.

17 “Current Events” Results
Home Business Politics Technology Living World Results Of those responding, 75% reported the accommodations were either very effective or extremely effective.

18 “Current Events” Home Business Politics Technology Living World Situation: A mechanic, who used hearing aids, was having problems communicating with his co-workers and during trainings because of hearing loss. Solution: As a reasonable accommodation, the employee requested TTY software and a mini-iPad, which the employer provided. Reported Benefit: The employee was very happy with the accommodation, stating that it improved his ability to communicate. The employer stated that it improved interactions with co-workers and the public. Reported Cost: $300

19 “Current Events” Home Business Politics Technology Living World The study results consistently showed that the benefits employers receive from making workplace accommodations far outweigh the low cost.

20 J A N W I R E “Current Events” Stay Tuned @ AskJAN.org/topics
Home Business Politics Technology Living World J A N W I R E Stay AskJAN.org/topics /costs.htm

21 “Current Events” Home Business Politics Technology Living World Politics: The Americans with Disabilities Act and Drug Addiction in the Workplace

22 “Current Events” Drug Addiction in the Workplace
Home Business Politics Technology Living World Drug Addiction in the Workplace Increase in opioid addiction Injured workers on pain killers Understanding how the ADA applies

23 “Current Events” Drug Addiction and the ADA
Home Business Politics Technology Living World Drug Addiction and the ADA Casual/recreational use ≠ impairment Unless an employer regards as having addiction Drug addiction = impairment Current illegal use may result in lost coverage

24 “Current Events” Drug Addiction: Current Illegal Use
Home Business Politics Technology Living World Drug Addiction: Current Illegal Use Not protected “when an employer acts on the basis of that use”

25 “Current Events” Drug Addiction: Current Illegal Use
Home Business Politics Technology Living World Drug Addiction: Current Illegal Use An employee discloses he’s addicted to cocaine and asks for leave time for treatment.

26 “Current Events” Drug Addiction: Current Illegal Use
Home Business Politics Technology Living World Drug Addiction: Current Illegal Use A warehouse worker who was taking prescription pain killers became addicted to the drugs and started taking more than prescribed. He asks his employer for leave time for treatment.

27 “Current Events” Drug Addiction: Current Illegal Use
Home Business Politics Technology Living World Drug Addiction: Current Illegal Use An applicant for a pharmacist position discloses that he was fired from his last job for illegal drug use. He went through rehabilitation two months ago and is no longer using drugs.

28 “Current Events” Drug Addiction and Last Chance Agreements
Home Business Politics Technology Living World Drug Addiction and Last Chance Agreements Used in lieu of discipline, termination Employer agrees not to discipline/terminate, employee agrees to employer’s terms

29 “Current Events” Drug Addiction and Reasonable Accommodation
Home Business Politics Technology Living World Drug Addiction and Reasonable Accommodation Attendance Concentration and meeting deadlines Handling stress Maintaining stamina Avoiding exposure

30 “Current Events” Drug Addiction and Reasonable Accommodation
Home Business Politics Technology Living World Drug Addiction and Reasonable Accommodation An employee with drug addiction completed rehabilitation and has not illegally used drugs for two years, but now needs to reduce workplace stress.

31 “Current Events” Drug Addiction and Reasonable Accommodation
Home Business Politics Technology Living World Drug Addiction and Reasonable Accommodation A nurse with drug addiction was restricted from dispensing medication after she was caught using illegal drugs. Her employer had a policy allowing employees to participate in drug rehabilitation and return to work with a last chance agreement. When the nurse returned to work after rehabilitation, she was reassigned to a job that did not require her to dispense medication and given periodic drug tests.

32 J A N W I R E “Current Events” Stay Tuned @ AskJAN.org Home Business
Politics Technology Living World J A N W I R E Stay AskJAN.org

33 “Current Events” Ergonomics: https://keylessaccesslocks.com
File Cabinet Keyless Lock File Guard Home Business Politics Technology Living World

34 “Current Events” Ergonomics: https://beeraider.com BeeRaider Home
Business Politics Technology Living World Ergonomics: BeeRaider

35 “Current Events” Ergonomics: http://noonee.com Chairless Chair Home
Business Politics Technology Living World

36 “Current Events” Communicating: https://safenclear.com
Home Business Politics Technology Living World Communicating: The Communicator

37 “Current Events” Communicating: https://en-us.sennheiser.com DW Pro 2
Home Business Politics Technology Living World

38 “Current Events” Cargo Robot: https://piaggiofastforward.com/ Gita
Home Business Politics Technology Living World Cargo Robot: Gita

39 “Current Events” Accessing Information: https://cybertimez.com
Home Business Politics Technology Living World Accessing Information: Cyber Eyez

40 “Current Events” Accessing Information: http://www.blitab.com Blitab
Home Business Politics Technology Living World Accessing Information: Blitab

41 “Current Events” Communicating: http://www.designincubationcentre.com
Home Business Politics Technology Living World Communicating: Touch-Hear Dictionary

42 J A N W I R E “Current Events” Stay Tuned @ AskJAN.org/SOAR Home
Business Politics Technology Living World J A N W I R E Stay AskJAN.org/SOAR

43 “Current Events” Home Business Politics Technology Living World Living: Disability and Service/Emotional Support Animals

44 “Current Events” ADA: Definition of Service/Emotional Support Animal
Home Business Politics Technology Living World ADA: Definition of Service/Emotional Support Animal Public access (Title III) Definition Specific guidelines for access Employment (Title I) No definition No specific guidelines

45 “Current Events” Home Business Politics Technology Living World Service/Emotional Support Animal and Reasonable Accommodation Modifying a policy Unless undue hardship

46 “Current Events” Service/Emotional Support Animal and Documentation
Home Business Politics Technology Living World Service/Emotional Support Animal and Documentation Health care provider documents disability May need to consider other sources regarding the animal

47 “Current Events” Service/Emotional Support Animals and Coworkers
Home Business Politics Technology Living World Service/Emotional Support Animals and Coworkers Allergies and phobias Interacting with the animal ADA confidentiality rules

48 J A N W I R E “Current Events” Stay Tuned @ AskJAN.org/new Home
Business Politics Technology Living World J A N W I R E Stay AskJAN.org/new

49 “Current Events” Leave Time FMLA & ADA
Home Business Politics Technology Living World Leave Time FMLA & ADA Severson v. Heartland Woodcraft, Inc.

50 “Current Events” Leave Time San Francisco (2006) Milwaukee (2008) Home
Business Politics Technology Living World Leave Time San Francisco (2006) 1 hour for every 30 hours worked 10 employees or less earn up to 5 days per year More than 10 employees earn up to 9 days per year Self, child, partner, loved one Milwaukee (2008) Vote passed to guarantee paid sick days for all workers State law bans lock paid sick leave ordinances

51 “Current Events” Leave Time California (2014) Maine (2010) Home
Business Politics Technology Living World Leave Time California (2014) All employers 1 hour for every 30 hours worked Begin using at 90th day of employment Self, child, partner, loved one Maine (2010) Larger businesses 6 days and smaller businesses 3 days Routine illness, family member during a public health emergency, preventive care Domestic violence, sexual assault, stalking Rejected by House and died

52 “Current Events” Leave Time Sweden Home Business Politics Technology
Living World Leave Time Sweden Has paid sick leave First day not paid unless for child under 12 80% of income is paid for 364 days and 75% for a further maximum 550 days Need medical doctor certification no later than one week after the first sick day First two weeks of sick leave for employees is paid by the employer.

53 “Current Events” Leave Time China Home Business Politics Technology
Living World Leave Time China Employees with illness or non-work related injuries Protected from termination Must pay sick-leave wage (60-100% based on seniority) Minimum is 3 months for employees with less than a 10-year cumulative work history and less than 5 years seniority with current employer Maximum is unlimited for workers with a 20-year cumulative work history and more than 15 years with current employer

54 J A N W I R E “Current Events” Stay Tuned @ AskJAN.org Home Business
Politics Technology Living World J A N W I R E Stay AskJAN.org

55 “Current Events” Contact (800)526-7234 (V) & (877)781-9403 (TTY)
AskJAN.org & (304) via Text janconsultants via Skype

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