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If It Does Not Fit. You Must Acquit: Assigning Effective Reasonable Accommodations to Employees with Disabilities ___________________________________ Donna R. Walton, Ed.D. Baltimore Federal Executive Board EEO Diversity & Inclusion and Disability Awareness Glen Burnie, MD June 18, 2014 1
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What is an Reasonable Accommodation? 2
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An Reasonable Accommodation is… Any change in the workplace or the way things are customarily done that provides an equal employment opportunity to an individual with a disability. Can cover most things that enable an individual to apply for a job, perform a job, or have equal access to the workplace and employee benefits such as kitchens, parking lots, and office events. 3
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Reasonable Accommodation Does NOT Include: Removal of an essential job function Personal use items such as a hearing aid, Lowering performance standards Creating a job 4
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Who Needs to be Accommodated? 5
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When do you Request an Accommodation? 6
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Why do you Request an Accommodation? 7
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How Do You Request An Accommodation ? 8
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Common types of accommodations include : Modifying work schedules or supervisory methods Granting breaks or providing leave Altering how or when job duties are performed Removing and/or substituting a marginal function Moving to different office space Providing telework beyond that provided by the collective bargaining agreement or the 9
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New Definition of Disability Remains the same: An individual who: 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. Substantially Limits – Will Not Be As High a Standard 10
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Employers.. Can choose among effective accommodation options 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 11
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Recognizing an Accomodation Request Gathering information Exploring accomodation option Choosing an accomodation Implementing the Accomodcation Monitoring the Accomoation Successful Accomodation Interactive Process 12
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Bi-Polar Depression 13
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Cancer 14
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Autism 15
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Crohn’s Disease 16
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Back Injury 17
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Cancer 18
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Pregnancy 19
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Insulin Dependent Diabetes 20
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Review An applicant with a disability needs an accommodation to have an equal opportunity to compete for a job; An employee with a disability needs an accommodation to perform the essential functions of the job or to gain access to the workplace; and An employee with a disability needs an accommodation to enjoy equal access to benefits and privileges of employment (e.g., details, trainings, office-sponsored events ). 21
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Contact 22 Dr. Donna R. Walton, Ed.D. Disability Program Manager Equal Employment Opportunity Commission donna.walton@eeoc.gov 202-663-4339
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