1. JAN is a service of the U.S. Department of Labor’s Office of Disability Employment Policy. 1 Disability Inclusion Training Anne E. Hirsh, MS, CPDM, CoDirector Job Accommodation Network (JAN) hirsh@jan.wvu.edu

2. Objectives  JAN Overview  Cost and Benefit  ADAAA Update  Interactive Process  Situations and Solutions  Questions 2 Job Accommodations

3. Consultation  Job Accommodations  All industries  All job categories  All impairments  Employment Legislation  Americans with Disabilities Act  Rehabilitation Act 3 Job Accommodations

4. Technical Assistance  Free  National  Easy to Use  Audience Focused  Employers  Individuals  Service Providers  Others 4 Job Accommodations

5. Practical Guidance  A to Z of Accommodations and Disabilities  SOAR (Searchable Online Accommodation Resource)  Employers’ & Employees’ Practical Guides  ADA & Rehabilitation Act Library  Interactive Process 5 Job Accommodations

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7. Costs and Benefits Workplace Accommodations: Low Cost, High Impact http://askjan.org/media/lowcosthighimpact.html Nuts & Bolts 7

8. 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 8

9. Finding #2: Employers report accommodations are effective. Results  Of those responding, 73% reported the accommodations were either very effective or extremely effective. Research Findings 9

10. 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 10

11. The study results consistently showed that the benefits employers receive from making workplace accommodations far outweigh the low cost. Research Findings 11

12. ADAAA Update 12 Job Accommodations

13. 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 13

14. 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” 14 Job Accommodations

15. 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. 15 Job Accommodations

16. 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. 16 Job Accommodations

17. 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 17 Job Accommodations

18. 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 18 Job Accommodations

19. ADA: Big Picture Do not: Discriminate Do provide: Reasonable Accommodation 19 Nuts & Bolts

20. JAN’s Interactive Process Nuts & Bolts 20

21. Step 1: Recognizing an Accommodation Request Starting the Interactive Process Nuts & Bolts 21

22. What is a reasonable accommodation request?  An applicant or employee asks for something that is needed because of a medical condition. Nuts & Bolts 22

23. 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? 23 Job Accommodations

24. Is this an accommodation request? Yes.  More leave (an accommodation) is needed  Because of a medical condition 24 Job Accommodations

25. What an accommodation request is not:  Guess work  Mind reading Nuts & Bolts 25

26. An employee comes to work smelling of alcohol. The employer confronts the employee. He admits he’s been drinking. Is this an accommodation request? Nuts & Bolts 26

27. 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 Nuts & Bolts 27

28. Step 1: Nuts Missing a Request Unnecessary Delays Bolts Err on the Side of Caution Conduct Training Assign Responsibility Act Quickly Streamline Procedures 28 Nuts & Bolts

29. Step 2: Gathering Information Getting What You Need To Process the Request Nuts & Bolts 29

30. What is allowed?  Limitations, work-related problem, accommodation ideas  Medical documentation  Employee has a disability  Employee needs an accommodation Nuts & Bolts 30

31. 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? Nuts & Bolts 31

32. Is this enough information for us to research accommodation ideas? No.  Light duty does not have specific meaning  Do not know actual limitations Nuts & Bolts 32

33. 33  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

34. 34  “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

35. What is prohibited:  Irrelevant information  Information that is known or obvious Nuts & Bolts 35

36. 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? Nuts & Bolts 36

37. 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 Nuts & Bolts 37

38. 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? 38 Nuts & Bolts

39. Step 3: Exploring Accommodation Options Figuring Out What Accommodations Might Work Nuts & Bolts 39

40. What should you do?  Brainstorm  Think outside the box  Talk with the employee  Use available resources Nuts & Bolts 40

41. 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? Nuts & Bolts 41

42. What might she or her employer do? Call JAN!  Mask with cartoons  Met employee’s needs and allowed her to perform her job Nuts & Bolts 42

43. 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 43

44. How can we figure out what else might work? Call JAN!  Under desk pedal device  Meets employees needs without leaving her desk Interactive Process 44

45. 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 45

46. How can we figure out what else might work? Call JAN!  CubeShield  Meets employee’s needs with a low cost solution Interactive Process 46

47. What should you not do?  Say “this is not how we do it”  Rigidly stick to policies  Not listen to anyone else Nuts & Bolts 47

48. 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? Nuts & Bolts 48

49. Is this okay? Probably not.  Rigidly stuck to policy  Did not consider other options  Insisted on leave Nuts & Bolts 49

50. Step 3: Nuts Saying “NO” Too Quickly No Ideas Bolts Forget Laws Forget Policies Focus on What Could Work Ask the Employee Ask the Doctor Ask JAN 50 Nuts & Bolts

51. Step 4: Choosing an Accommodation Exercising Your Prerogative Nuts & Bolts 51

52. Consider:  Employee’s preference  Business needs Nuts & Bolts 52

53. 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? Nuts & Bolts 53

54. 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 Nuts & Bolts 54

55. Do not consider:  Co-worker morale  Customer preference  Power struggles Nuts & Bolts 55

56. 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? Nuts & Bolts 56

57. 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 Nuts & Bolts 57

58. 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 58

59. 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 59

60. 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 60

61. Can the employer reject the accommodation because there is no proof? No.  Trial period  Date to assess Interactive Process 61

62. Step 4: Nuts Avoiding Power Struggles Avoiding Co-worker Problems Not Knowing If Accommodation Will Work Bolts Have a Neutral Person Be a Manager Do General Awareness Training Let Employee Discuss Disability Try It! 62 Nuts & Bolts

63. Step 5: Implementing the Accommodation Taking Steps Necessary to Make Accommodation Work Nuts & Bolts 63

64. May involve:  Purchasing and installing equipment  Ordering a service  Training  Notifying those who need to know Nuts & Bolts 64

65. 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? Nuts & Bolts 65

66. Is this the right approach? No.  Parking office needs to know  Limit details Nuts & Bolts 66

67. Does not involve:  Telling co-workers Nuts & Bolts 67

68. 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? Nuts & Bolts 68

69. 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? Nuts & Bolts 69

70. 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 70

71. 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 71

72. 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 72

73. Is this all that has to be done? No.  Important to think about training Interactive Process 73

74. Step 5: Nuts Making Sure It Works Communicating as Needed Bolts Test It! Use Good Management Techniques 74 Nuts & Bolts

75. Step 6: Monitoring the Accommodation Making Sure the Accommodation Continues To Be Effective Nuts & Bolts 75

76. Do:  Establish open lines of communication  Check with the employee periodically  Take responsibility for maintenance and updates Nuts & Bolts 76

77. 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? 77 Job Accommodations

78. 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 78 Job Accommodations

79. 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? Nuts & Bolts 79

80. 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 Nuts & Bolts 80

81. A Word About New Managers and Supervisors Nuts & Bolts 81

82. Do not:  Make employee jump through unnecessary hoops  Ask for medical updates you do not need Nuts & Bolts 82

83. 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? Nuts & Bolts 83

84. Is this okay?  Depends on whether the information is necessary  Mandatory rule with set time frame probably not okay Nuts & Bolts 84

85. Example A 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. 85 Job Accommodations

86. Accommodation The 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. 86 Job Accommodations

87. Step 6: Nuts Keeping Accommodations Working Effectively Communicating Bolts Communicate Effectively Assign Responsibility Announce, Publish, Repeat, Be Responsive 87 Nuts & Bolts

88. Contact  (800)526-7234 (V) & (877)781-9403 (TTY)  AskJAN.org & jan@askjan.org  (304)216-8189 via Text  janconsultants via Skype 88