disability at work: creating a workplace culture of access february 16-17, 2012 brought to you by...
TRANSCRIPT
Disability at Work: Creating a Workplace Culture of ACCESS
February 16-17, 2012
Brought to you by the following Mission Partners and Sponsors:
JAN’s Interactive Process
Presented by:
Louis Orslene, Co-Director Job Accommodation Network
Julie Ballinger, Disability Rights & Issues Consultant Southwest ADA Center Regional AffiliateStarReach Enterprises
Why have a process?
•Consistency•Successful Accommodations•Good Faith Effort
ADA Basics
•ADA Requires Reasonable Accommodation•Interactive Process Recommended•Amendments Act Broadened Coverage•Everything Else Stayed Same
Why do people disclose?
To ask for job accommodations To receive benefits or privileges of employment To explain an unusual circumstance
How do people disclose?
Probably will use "plain English" Probably will not mention the ADA Probably will not use the phrase “reasonable accommodation”Will though express a need for an adjustment or change at work is needed for a reason related to a medical condition
JAN’s Interactive Process
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The Interactive Process
Step 1: Recognizing an Accommodation Request
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Job Accommodations That WorkStep 1: Recognizing an Accommodation Request
TIPSErr on the side of cautionAct quicklyAssign responsibilityConduct training
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Job Accommodations That WorkAn 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 That WorkIs this an accommodation request?
Yes.More leave (an accommodation) is neededBecause of a medical condition
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The Interactive Process
Step 2: Gathering Information
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Job Accommodations That WorkStep 2: Gathering InformationTIPSFind out the limitation and problemGet information from the employee when possibleRemember ADA rules for medical inquiries
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Job Accommodations That WorkIn response to a poor performance evaluation, a teacher discloses that she has multiple sclerosis that is contributing to her performance problems and says she needs an accommodation.
Do we have all the information we need?
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Job Accommodations That WorkDo we have all the information we need?
No. Do not know limitationsDo not know problem
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The Interactive Process
Step 3: Exploring Accommodation Options
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Job Accommodations That WorkStep 3: Exploring Accommodation Options
TIPSKeep an open mindInvite the employee to suggest accommodationsAsk the employee’s medical provider for ideasUse JAN when needed
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Job Accommodations That WorkA 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?
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Job Accommodations That WorkHow can we figure out what else might work?Call JAN!
Under desk pedal deviceMeets employees needs without leaving her desk
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The Interactive Process
Step 4: Choosing an Accommodation
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Job Accommodations That WorkStep 4: Choosing an AccommodationTIPSConsider the employee’s preferenceConsider a trial period
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Job Accommodations That WorkA customer service representative with diabetes had a strong body odor that he could not reduce until he got his diabetes under control. His employer was considering putting up cubicle walls and an air-purifier in his work area. His job could be done from home but the employer was concerned about isolating the employee.
How should the employer decide which accommodation to choose?
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Job Accommodations That WorkHow should the employer decide which accommodation to choose?
Talk with the employee! Employee preferred to work at home so not forced isolationEmployee was more concerned about the cubicle/air-purifier drawing attention
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The Interactive Process
Step 5: Implementing the Accommodation
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Job Accommodations That WorkStep 5: Implementing the Accommodation
TIPSMake sure all necessary steps are taken to
implement the accommodationCommunicate with essential personnel
about the accommodation
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Job Accommodations That WorkA 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?
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Job Accommodations That Work
Is that it?
No.May need to be assembledEmployee may need instruction in useRoute of travel may need to be established
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The Interactive Process
Step 6: Monitoring the Accommodation
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Job Accommodations That WorkStep 6: Monitoring the Accommodation
TIPSCheck on effectivenessMaintain the accommodationEncourage ongoing communication
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Job Accommodations That WorkAn 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 That WorkHow 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 That WorkHow 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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JAN
Louis Orslene, Co-Director
PO Box 6080, Morgantown, WV 26506
800-526-7234 (Voice)
877-781-9403 (TTY)
NMBLN
Leah Rhule, Director
505-379-6533 (Voice and Text)
Tessah Latson Garcia, Director
505-379-0572 (Voice and Text)
NMBLN c/o Albuquerque Hispano Chamber of Commerce
1309 4th Street SW
Albuquerque, NM 87102
StarReach Enterprises
Julie Ballinger, Disability Rights and Issues Consultant
5901-J Wyoming Blvd. NE, PMB 175
Albuquerque, New Mexico 87109
505-797-8612 (Voice)
Use Relay (TTY)
DBTAC Southwest ADA Center
2323 S. Shepherd, #1000
Houston, TX 77019 www.southwestADA.org 1-800-949-4ADA
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