Download - Labor & Employment Annual Seminar
EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
Suzzanne W. Decker | Deborah K. St. Lawrence Thompson
April 26, 2012
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ACCESSIBILITY
OF TECHNOLOGY FOR
EMPLOYEES AND APPLICANTS
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Government Pushing Employers to Make Websites Accessible for Disabled Applicants and Employees
The OFCCP issued an Accessibility of
Online Application Systems directive in July
2008.► Compliance evaluations now include a review of the
contractor’s online application systems.► Best practice to tell applicants near the beginning of
the online application how to request a reasonable accommodation to complete it.
4April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
Government Pushing Employers to Make Websites Accessible for Disabled Applicants and Employees
In July 2010, the Department of Justice
issued Advanced Notice of Proposed Rule
Making indicating that it was planning to
issue regulations ensuring that disabled
individuals could access employers’
websites.
5April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
How to Ensure Website Accessibility: A Matter of Common Sense
Can you navigate the site with the keyboard
only? Can you fill out and submit forms
without using a mouse?
Do color contrast and text size look
reasonable, even for someone who has low-
vision? Can your mother/grandmother read
the text?
6April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
How to Ensure Website Accessibility: A Matter of Common Sense
Does the link text make sense on its own
(i.e., not "read more" or "click here") for
users who utilize screen reading software to
navigate, such as those who are blind?
Do your videos have captions or transcripts
for the hearing impaired?
Does the site rely on being able to
distinguish colors?
7April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
How to Ensure Website Accessibility: A Matter of Common Sense
Does the site avoid blinking, marquee, or
other auto-scrolling text which might trigger
epileptic seizures?
8April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
Advanced Issues
Often you can seek professional assistance with things
like: For images of text (which should be avoided if possible),
alternate text should match the text in the image.
Evaluating the page structure.
Checking actual color contrast.
Ensuring things like data tables and timed responses are
accessibly implemented on your site.
9April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
WORKING FROM HOME AS
AN ACCOMMODATION
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Telecommuting as a Reasonable Accommodation
According to the EEOC, employers must
consider telecommuting as a possibility for a
reasonable accommodation.
On the other hand, the federal courts are
reluctant to impose telecommuting on
employers. As one recent decision noted, it is a
rather common sense idea that if one is not able
to be at work, one cannot be a qualified
individual.
11April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
Telecommuting as aReasonable Accommodation
Scenario: Emily has lymphedema which causes a buildup of lymphatic fluids in her
right leg. The swelling is painful and makes it very difficult to walk, thus
affecting Emily’s ability to commute to work. She provides
documentation from her doctor confirming that the lymphedema is a
chronic condition that has worsened in the last few months, and that he
does not expect any improvement in the next several months.
As a reasonable accommodation, Emily requests that she be allowed to
work from home three days a week. Much of her work involves writing
and reviewing documents which she can do using a computer. She also
can communicate with clients and colleagues through use of the phone
and e-mail. The doctor’s letter explains that the three days working at
home will ease the pain and make it tolerable for Emily to commute the
other two days.
What Should You Do?
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1. Terminate Emily. She is unable to perform her job duties.
2. Politely refuse the request. Her job requires her to be in the office.
3. Allow Emily to work from home.
4. None of the above.
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Telecommuting as aReasonable Accommodation
Scenario:
Emily is not accomplishing the tasks that she
is supposed to be doing when working from
home.
What Should You Do?
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1. Fire her.2. She’s got a doctor’s
note so we cannot do anything.
3. Counsel her on the performance issue.
4. None of the above.
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Too Bright
Scenario:
Doug gives you a doctor’s note saying that he
suffers from migraines and that the lighting
in your office is a trigger. The doctor
suggests that Doug work from home 4 days a
week.
What Should You Do?
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1. Allow him to work from home. Once you receive a doctor’s note, there is too much potential liability if you refuse.
2. Engage in a dialogue with Doug to discuss if there are other ways to reasonably accommodate his migraines while still working at the office.
3. Provide Doug with paid time off as an accommodation.
4. None of the above
17April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
What Should Employers Do?
Adopt and distribute a formal policy on
telecommuting.
Re-examine existing job descriptions.
Avoid mechanical application of eligibility
rules when a disabled employee asks to
telecommute; engage in a dialogue.
Think of creative alternatives to
telecommuting.
18April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
INCREASED PUSH TO BRING
DISABLED VETERANS BACK
TO WORK
19April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
EEOC Releases Two Guides
for Disabled Veterans
In February 2012, the EEOC released a guide for
employers on veterans and the ADA, and a separate guide
for wounded veterans on understanding their ADA rights.
The EEOC noted that approximately 25% of recent
veterans have a service-connected disability, compared to
about 13% of all veterans, according to 2011 U.S. Bureau
of Labor statistics.
The guide also states that some service-connected
disabilities, such as deafness, blindness, missing limbs,
mobility impairments, major depressive disorder and post-
traumatic stress disorder will easily be concluded to be
disabilities under the ADA.
20April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
Hiring
Employers in the private sector may decide to give
veterans with disabilities a hiring preference.
During a job interview, an employer may not ask
about an injury. However, if it seems likely that the
applicant will need a reasonable accommodation, an
employer may ask if an accommodation is needed
and, if so, what type. An employer may also ask to
describe how the veteran would perform the job
with or without an accommodation.
21April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
Hiring
The EEOC reminded veterans that they can request
an accommodation at any time during the
application process or when they start working –
even if the applicants did not ask for one when
applying for a job or after receiving a job offer.
Also, the injured veteran might request a different
or additional accommodation later if the disability
and/or the job changes or if another accommodation
becomes available.
22April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
Recruiting
State on an advertisement that an employer is an
equal opportunity employer and that individuals with
disabilities, including disabled veterans and veterans
with service-connected disabilities, are encouraged to
apply.
Ensure that online recruiting information and
application processes are accessible to individuals
with disabilities, including disabled veterans.
Make written recruiting materials available in
alternate formats such as Braille and large print, and
assist disabled veterans in completing application
materials when necessary.
23April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
Recruiting
Send vacancy announcements to, and ask for
referrals from, government, community and
military organizations and One Stop Career
Centers that train and/or support disabled
veterans.
Post advertisements and vacancy
announcements in publications for veterans.
Attend job fairs and use online resume
databases that connect veterans with
employers.
24April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
Reasonable Accommodations
Written materials in accessible formats, such
as large print, Braille and on computer disk.
Recruitment fairs, interviews, tests and
training in accessible locations.
Modified equipment and devices, such as
assistive technology, a glare guard for a
computer monitor used by someone with a
traumatic brain injury and a one-handed
keyboard for a person missing an arm or
hand.
25April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
Reasonable Accommodations
Physical modifications to the workplace,
including adjusting the height of a desk or
shelves for someone in a wheelchair.
Leave for treatment, recuperation and
training related to their disability.
Reassignment to a vacant position when a
disability prevents performance of the
employee’s current job or where
accommodating the employee in the current
job would result in undue hardship.
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PTSD
Scenario:
You have hired a veteran who has PTSD. He was
assigned to work in a cubicle in an office setting.
Because of the cubicle’s placement, the employee
had no choice but to have his back to the opening.
He becomes startled each time a co-worker
approached his cubicle, and has violent and loud
flashbacks from when he was in combat.
What Should You Do?
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1. Tell him that his outbursts are distracting to his co-workers. Place him on a Performance Improvement Plan.
2. Engage in a dialogue with the employee. Accommodate him by attaching a mirror to his computer monitor so that he can see when co-workers enter his workspace.
3. Allow him to work from home, where he will not be startled by others.
4. None of the above.
28April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
EEOC’S CHALLENGE TO
INFLEXIBLE LEAVE/NO-
FAULT ATTENDANCE
POLICIES
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Employer Policies are the Subjectof Increased Enforcement Activity
Over the past few years, the EEOC has
aggressively targeted inflexible leave of absence
policies and no-fault attendance policies.
There have been a number of multi-million dollar
settlements against employers in 2011 alone. In
July 2011, Verizon agreed to pay $20 million to
employees who were fired or disciplined under the
company’s No-Fault Attendance policy, the largest
EEOC disability discrimination settlement in
history.
30April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
What are Inflexible Leave of Absence Policies and No-Fault Attendance Policies?
Inflexible leave of absence policies provide for the
automatic termination of employees who cannot
return to work after exhausting a fixed period of
leave.
No-fault attendance policies charge an absence
against an employee regardless of the reason for
the absence. Thus, problems arise when the
employer fails to recognize – and exclude from the
policy – absences that relate to a disability or that
fall under the FMLA.
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Medical Leave for Prolonged or Indefinite Periods are Generally Not Reasonable
Employer does not need to give bus driver with
diabetes, hypertension, and a chronic heart
condition indefinite leave to try to recover.
Employee had received only 10 days of leave, but
his condition indisputably made him unable to
perform the job. The ADA does not require an
employer to provide an accommodation in the
hope that sometime in the future the disabled
individual will become qualified for the position in
question. Myers v. Hose, 50 F. 3d 278 (4th Cir.
1995).
32April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
Medical Leave for Prolonged or Indefinite Periods Are Generally Not Reasonable
Diabetic food service worker who could no
longer stand because her feet were
amputated was not entitled to one year of
unpaid medical leave to become
accustomed to a prosthetic device. One
year medical leave is inherently
unreasonable when such practices are not
standard for all employees. Peyton v.
Fred’s Stores of Arkansas, Inc., 561 F.3d
900 (8th Cir. 2009).
33April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
Medical Leave for Prolonged or Indefinite Periods Are Generally Not Reasonable
Supervisor with high blood pressure
cannot take two months’ additional
leave, where he had already taken ten
months’ medical leave during which
time his condition failed to improve.
Duckett v. Dunlop Tire Corp., 120
F.3d 1222, 1226 (11th Cir. 1997).
34April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
Medical Absences for Definite Periods May Be Reasonable Accommodations…
…Especially if the Length of the Leave Falls
Within the Employer’s Leave Policies. Where a disabled employee requests medical leave for a short
and determinable period, the ADA requires the employer to
allow such leave as reasonable accommodation, especially if the
length of the leave falls within the maximum amount of time
granted by the employer's leave plan.
Sales representative with depression and anxiety was unfairly
denied additional time off after he took one month’s leave. The
court noted that the employee’s leave request was for less time
than the employer's medical leave plan provided to nondisabled
employees (which was 1 year). Criado v. I.B.M. Corp., 145 F.3d
437 (1st Cir. 1998).
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Medical Absences for Definite Periods May Be Reasonable Accommodations…
…Especially if the Length of the Leave Falls
Within the Employer’s Leave Policies. Similarly, a network technician with PTSD was entitled to a
four-to-five-month medical leave for an inpatient treatment
program that his treating psychiatrist had recommended, even
though he had already gotten 5 weeks of leave. Rascon v. US
W. Commc'ns, Inc., 143 F.3d 1324 (10th Cir. 1998).
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Attendance Policies
Scenario:
Good Heath Hospital believes in rewarding good behavior and
awards bonuses to employees with perfect attendance over the
course of a year. For employees with absences, there is a “no
fault” system that grants employees five unplanned absences
during a rolling 12-month period. Rachel is a neonatal intensive
care unit nurse who has received numerous above average
performance evaluations. Rachel suffers from fibromyalgia, a
condition that causes body-wide pain and tenderness in the joints,
muscles, tendons and other soft tissue of the body. In 2011,
Rachel took five unplanned days of leave because of her
condition. She has now requested as an accommodation for her
deteriorating condition an unspecified number of unplanned
absences.
What Should You Do?
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1. Award her a perfect attendance bonus for 2011 as she did have “perfect” attendance aside from her ADA-related absences.
2. Count Rachel’s days off against her five-day threshold of unplanned absences.
3. Politely refuse Rachel’s request. Her job as a neonatal intensive care nurse is exceptional and regular attendance, team coordination and continuity for this group of patients is an essential job function.
4. All of the above.
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Compliance Strategies
Review your policies and practice to ensure that
they communicate a willingness to consider
excusing absences under the ADA and other similar
laws.
Train your employees to understand to recognize
situations that may implicate the ADA and FMLA, to
refer leave of absences request to Human Resources
for proper handling, and to understand the
company’s legal obligations.
Ensure that attendance programs and policies are
applied uniformly.
39April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
Compliance Strategies
Confirm that ADA-protected absences are not
counted against employees in performance reviews.
Engage in the interactive process – and document it.
Don’t forget about ADA employees on leave; develop
documentation to show that you considered return-
to-work options along the way.
Don’t be afraid to follow up with the employee when
leave is unpredictable, chronic or more frequent
than expected.
40April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
NEW DISABILITIES:
EXTREME OBESITY AND
NO HIGH SCHOOL DIPLOMA
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Obesity: EEOC Enforcement
The EEOC’s position has always been that morbid
obesity (defined as having a body weight more than
100% over the norm) and obesity caused by a
physiological disorder are “disabilities” under the
ADA.
In the past, courts have been split on whether the
ADA covers morbid, or severe, obesity by itself, or if
the obesity must be the result of some underlying
physiological disorder (i.e., hypertension, diabetes,
thyroid disorder).
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Obesity: EEOC Enforcement
A federal court has recently found severe
obesity, regardless of the cause, to be a
disability under the ADA. E.E.O.C. v.
Resources for Human Development, Inc.,
2011 WL 6091560 (E.D. La. Dec 07, 2011).► The plaintiff in that case weighed about 400 pounds when she was
hired. The employer terminated the plaintiff when it found that her weight severely impaired her job performance. At the time of her termination, she weighed 527 pounds.
► The case recently settled for $125,000.
43April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
Terminating a MorbidlyObese Employee
Scenario:
Robert is a morbidly obese employee who has been
a forklift driver in a manufacturing company for
many years. His boss saw him driving the forklift
without a seatbelt, which is a safety violation, and
requested that he wear one. Robert said that he
could not wear the seatbelt because it was too
tight.
What Should His Boss Do?
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1. Provide Robert a seatbelt extender so that he can wear the seatbelt.
2. Terminate him. He cannot perform the essential functions of his job, which is safely driving a forklift.
3. Tell him to wear the seatbelt on the forklift. Giving a seatbelt extender would be preferential treatment.
4. None of the above.
45April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
EEOC Lawsuit: ADA Discrimination Against Morbidly Obese Person
This scenario is based on a lawsuit that the EEOC filed
against BAE Systems on September 27, 2011, alleging
that the company violated the ADA by firing a morbidly
obese employee 2 weeks after he requested a seatbelt
extender so that he could safely drive his forklift. In its
complaint, the EEOC alleged that BAE terminated the
employee, after telling him that it “had reached the
conclusion that he could no longer perform his job
duties because of his weight.” BAE denied the
employee’s request to be moved to another position. It
also allegedly made no attempt to discuss reasonable
accommodations.
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Lack of High School Diploma as a Disability: EEOC Enforcement
On November 17, 2011, the EEOC issued an informal opinion
letter stating that if an employer adopts a high school diploma
requirement that “screens out” an individual who did not
graduate because of a learning disability, the employer may
not apply the standard unless it can demonstrate that the
diploma requirement is job related and consistent with
business necessity.
Due to the significant commentary and conjecture about the
letter’s meaning and scope, the EEOC back-tracked and
issued a “Q&A” document to clarify its position in March
2012.
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Lack of High School Diploma as a Disability: EEOC Enforcement
In this document, the EEOC stated that employers can still
require job applicants to hold a high school diploma, but
should allow the employee to demonstrate qualification for the
job in some other way if the applicant didn’t receive the
diploma due to a disability. Employers can require applicants
to provide documentation showing that they have a disability
and that the disability was what prevented them from
obtaining a diploma.
Applicants who did not receive their diploma by choice rather
than because of a disability are not protected by the ADA.
Even if a disabled applicant demonstrates that he or she
meets the requirements by means other than possession of a
diploma, the employer is still free to select the best qualified
candidate.
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Can A High School Diploma Requirement Be Discriminatory?
Scenario:
A nursing home employer made a new requirement
that nursing assistants needed to have high school
diplomas. A nursing assistant who had worked
successfully in the job for 4 years did not have her
high school diploma. The employee tells her boss that
she had tried to obtain her GED several times, but
could not do so because of her disability.
What Should The Employer Do?
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1. Work with the employee’s GED instructors to find an alternative way to assess the employee’s ability to do the job.
2. Revoke the high school diploma requirement.
3. Place the employee in a different job where a high school diploma is not required.
4. None of the above.
50April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
EEOC Lawsuit: High School Diploma
This scenario is based on an ADA lawsuit the EEOC filed in 2003.
Nearly four years into her employment, a nursing facility
notified an employee that she would be terminated unless she
obtained her GED within 90 days. The employee had a full-scale
IQ of 66. She completed the ninth grade of high school and was
unable to pass the GED test despite 10 years of studying. She
was licensed by the state as a certified nursing assistant based
on her years of experience in the field and favorable job
references.
The employee’s GED instructor contacted defendant's Executive
Director to discuss alternative measures of job skills, and
offered, at no cost, to perform alternative testing to measure
employee literacy skills. Defendant refused to consider any
alternatives and fired the employee because she was unable to
pass the GED. The case settled for $80,000.
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Bottom Line
In the United States, approximately 34% of adults
are obese.
Maryland has almost 613,640 adults without a high
school diploma. In Baltimore City, 38% of adults are
either unable to read or read below the fourth grade
level, and over 142,000 adults do not have a high
school diploma.
Employers should recognize obesity and a lack of a
high school degree as potential disabilities that may
require reasonable accommodation through the
“interactive process” called for by the ADA.
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INABILITY TO WORK
OVERTIME NOT
NECESSARILY A DISABILITY
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Boitnott v. Corning, Inc. – Employee’s Inability to Work Overtime is Not a Per Se Disability
In February 2012, the Fourth Circuit Court of
Appeals concluded that the inability to work overtime
is not, in and of itself a disability under the original
version of the ADA.
The plaintiff was a maintenance engineer who was
diagnosed with a mild form of leukemia that did not
require medical treatment. However, his doctor
limited him to eight hours of work per day due to
fatigue related to the condition. Corning responded
that the job required the ability to work overtime,
and removed him from his position.
54April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
Boitnott v. Corning, Inc. – Employee’s Inability to Work Overtime is Not a Per Se Disability
The plaintiff contended that his leukemia substantially
interfered with the major life activity of working, in that it
prevented him from working overtime.
The Fourth Circuit disagreed, holding that an inability to work
overtime does not constitute a disability. An employee is not
“substantially limited” if he or she can work a 40-hour
workweek, but is unable to work overtime hours.
Numerous federal appellate courts previously have addressed
the question of whether the inability to work overtime is a
substantial limitation on the major life activity of working. The
Fourth Circuit’s recent opinion comports with the law in the
First, Third, Fifth, Sixth, and Eighth Circuits.
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The Decision’s Implications
The Fourth Circuit was careful to make an individualized inquiry
into the facts. Employers should not assume that the inability to
work overtime can never support a successful ADA claim.
This case was decided before the ADAAA. Under ADAAA, it is
likely that the leukemia itself, even in the absence of significant
symptoms, would qualify as an ADA disability.
In addition, the ADAAA broadens the definition of restrictions
that limit persons in their ability to work. The inability to work
overtime may qualify as a restriction that would classify
restricted employees as disabled under the ADA.
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The Decision’s Implications
Post-ADAAA litigation in this area will shift from the threshold
issue of disabled status to the reasonable accommodation
question. Is the ability to work overtime an essential job
function? If so, what steps can the employer take to allow an
employee with hours restrictions to work some overtime? Can
work schedules be changed to accommodate the employee's
medical restrictions? Can the disabled employee trade
schedules with other employees to allow him to work within his
medical restrictions?► Most federal courts presented with this issue have concluded that the ability to
work overtime is an essential function of the job, and employers are not required to provide the employee with a blanket exemption from overtime work.
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CONTINUED CHALLENGE
WITH MENTAL HEALTH
ISSUES
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The Challenge: A Disability In One Person May Not Be A Disability In Another
A mental impairment which is considered disabling in
one individual may not be considered disabling in
another individual.
Examples of such emotional or mental illnesses that
may constitute “disabilities” under the ADA include
major depression, bipolar disorder, anxiety disorders,
schizophrenia, and personality disorders.
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The Challenge: A Disability In One May Not Be A Disability In Another
However, not all mental disorders are disabilities, or
even impairments, for purposes of the ADA. For
example, various conditions listed in the American
Psychiatric Association’s Diagnostic and Statistical
Manual of Mental Disorders IV, including sexual
behavioral disorders, compulsive gambling,
kleptomania, pyromania, and psychoactive substance
use disorders resulting from current illegal use of
drugs, are specifically excluded from the ADA’s
definition of a disability.
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The Challenge: No Limit to Types of Accommodations
There are many types of reasonable accommodations set forth in the ADA, regulations, and EEOC guidance. Examples include job restructuring, part-time or modified work schedules; reassignment to a vacant position; acquiring or modifying equipment or devices; providing additional unpaid leave; and changes to workplace policies, procedures or practices.
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The Challenge: No Limit to Types of Accommodations
The employer has an ongoing responsibility to consider additional accommodations as circumstances change.
The most important factor to remember is that reasonable accommodations must be examined on a case-by-case basis, and the employer must make a good faith effort to engage in the interactive process with the employee.
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Scenario 1:
Selina, who supervises Andrew, heard
through the grapevine that Andrew might
have an anxiety disorder and that some days
he can’t get out of bed. Andrew asks Selina if
he can have two weeks off of work. A big
project is coming up, and Selina would like
Andrew at work.
What Should Selina Do?April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
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1. She is free to deny the request.
2. Since she knows that he has a disability, she should grant his request.
3. Ask his co-workers if he really does have an anxiety disorder.
4. None of the above.
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Scenario 2:
Keith is a “Team Leader” at a facility that
cares for severely disabled people. He suffers
from severe depression and has attempted
suicide twice by overdosing on medication.
His supervisor worries that he will hurt
himself, and/or the patients he cares for since
dispensing medication to patients is an
important part of his job.
What can she do?April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
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What Can She Do?Please make your selection...
April 26, 2012 | EXPANDING WAYS DISABILITY IMPACTS THE WORKPLACE
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1. She cannot terminate him.2. She can terminate him
because he is a direct threat to others. Dispensing medication to patients is an essential function of his job, and there is an increased likelihood that he would mishandle medication or use drugs available to him at work for a third suicide attempt.
3. She should find another employee to dispense medication.
4. None of the above.