Disability Inclusion Training Anne E. Hirsh, MS, CPDM, CoDirector Job Accommodation Network (JAN)
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Transcript of Disability Inclusion Training Anne E. Hirsh, MS, CPDM, CoDirector Job Accommodation Network (JAN)
JAN is a service of the U.S. Department of Labor’s Office of Disability Employment Policy.
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Disability Inclusion Training
Anne E. Hirsh, MS, CPDM, CoDirector
Job Accommodation Network (JAN)
Objectives JAN Overview Cost and Benefit ADAAA Update Interactive Process Situations and Solutions Questions
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Job Accommodations
Consultation Job Accommodations
All industries All job categories All impairments
Employment Legislation Americans with Disabilities Act Rehabilitation Act
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Job Accommodations
Technical Assistance Free National Easy to Use Audience Focused
Employers Individuals Service Providers Others
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Job Accommodations
Practical Guidance A to Z of Accommodations and Disabilities SOAR (Searchable Online Accommodation
Resource) Employers’ & Employees’ Practical Guides ADA & Rehabilitation Act Library Interactive Process
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Job Accommodations
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Job Accommodations
Costs and Benefits
Workplace Accommodations: Low Cost, High Impact
http://askjan.org/media/lowcosthighimpact.html
Nuts & Bolts
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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
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Finding #2: Employers report accommodations are effective.
Results Of those responding, 73% reported the
accommodations were either very effective or extremely effective.
Research Findings
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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
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The study results consistently showed that the benefits employers receive from
making workplace accommodations far outweigh the low cost.
Research Findings
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ADAAA Update
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Job Accommodations
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
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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”
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Job Accommodations
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.
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Job Accommodations
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.
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Job Accommodations
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
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Job Accommodations
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
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Job Accommodations
ADA: Big Picture
Do not:
Discriminate
Do provide:
Reasonable Accommodation
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Nuts & Bolts
JAN’s Interactive Process
Nuts & Bolts
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Step 1: Recognizing an Accommodation Request
Starting the Interactive Process
Nuts & Bolts
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What is a reasonable accommodation request? An applicant or employee asks for something that is
needed because of a medical condition.
Nuts & Bolts
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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?
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Job Accommodations
Is this an accommodation request?
Yes. More leave (an accommodation) is needed Because of a medical condition
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Job Accommodations
What an accommodation request is not: Guess work Mind reading
Nuts & Bolts
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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
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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
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Step 1: Nuts
Missing a Request
Unnecessary Delays
Bolts
Err on the Side of Caution
Conduct Training
Assign Responsibility
Act Quickly
Streamline Procedures
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Nuts & Bolts
Step 2: Gathering Information
Getting What You Need To Process the Request
Nuts & Bolts
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What is allowed? Limitations, work-related problem, accommodation
ideas Medical documentation
Employee has a disability Employee needs an accommodation
Nuts & Bolts
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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
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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
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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
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“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
What is prohibited: Irrelevant information Information that is known or obvious
Nuts & Bolts
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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
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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
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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?
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Nuts & Bolts
Step 3: Exploring Accommodation Options
Figuring Out What Accommodations Might Work
Nuts & Bolts
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What should you do? Brainstorm Think outside the box Talk with the employee Use available resources
Nuts & Bolts
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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
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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
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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
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How can we figure out what else might work?
Call JAN!
Under desk pedal device Meets employees needs without leaving her desk
Interactive Process
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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
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How can we figure out what else might work?
Call JAN! CubeShield Meets employee’s needs with a low cost solution
Interactive Process
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What should you not do? Say “this is not how we do it” Rigidly stick to policies Not listen to anyone else
Nuts & Bolts
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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
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Is this okay?
Probably not. Rigidly stuck to policy Did not consider other options Insisted on leave
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Step 3: Nuts
Saying “NO” Too Quickly
No Ideas
BoltsForget LawsForget PoliciesFocus on What Could Work
Ask the EmployeeAsk the DoctorAsk JAN
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Nuts & Bolts
Step 4: Choosing an Accommodation
Exercising Your Prerogative
Nuts & Bolts
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Consider: Employee’s preference Business needs
Nuts & Bolts
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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
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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
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Do not consider: Co-worker morale Customer preference Power struggles
Nuts & Bolts
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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
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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
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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
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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
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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
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Can the employer reject the accommodation because there is no proof?
No. Trial period Date to assess
Interactive Process
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Step 4: Nuts
Avoiding Power Struggles
Avoiding Co-worker Problems
Not Knowing If Accommodation Will Work
Bolts
Have a Neutral Person
Be a ManagerDo General Awareness TrainingLet Employee Discuss Disability
Try It!
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Nuts & Bolts
Step 5: Implementing the Accommodation
Taking Steps Necessary to Make Accommodation Work
Nuts & Bolts
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May involve: Purchasing and installing equipment Ordering a service Training Notifying those who need to know
Nuts & Bolts
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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
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Is this the right approach?
No. Parking office needs to know Limit details
Nuts & Bolts
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Does not involve: Telling co-workers
Nuts & Bolts
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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
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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
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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
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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
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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
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Is this all that has to be done?
No. Important to think about training
Interactive Process
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Step 5: Nuts
Making Sure It Works
Communicating as Needed
Bolts
Test It!
Use Good Management Techniques
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Nuts & Bolts
Step 6: Monitoring the Accommodation
Making Sure the Accommodation Continues To Be Effective
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Do: Establish open lines of communication Check with the employee periodically Take responsibility for maintenance and updates
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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?
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Job Accommodations
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
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Job Accommodations
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
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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
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A Word About New Managers
and Supervisors
Nuts & Bolts
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Do not: Make employee jump through unnecessary hoops Ask for medical updates you do not need
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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
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Is this okay? Depends on whether the information is necessary Mandatory rule with set time frame probably not okay
Nuts & Bolts
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ExampleA 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.
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Job Accommodations
AccommodationThe 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.
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Job Accommodations
Step 6: Nuts
Keeping Accommodations Working
Effectively Communicating
Bolts
Communicate Effectively
Assign Responsibility
Announce, Publish, Repeat, Be Responsive
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Nuts & Bolts
Nuts & Bolts
Contact (800)526-7234 (V) & (877)781-9403 (TTY) AskJAN.org & [email protected] (304)216-8189 via Text janconsultants via Skype
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