JAN is a service of the U.S. Department of Labors Office of Disability Employment Policy. 1 Creating...
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Transcript of JAN is a service of the U.S. Department of Labors Office of Disability Employment Policy. 1 Creating...
JAN is a service of the U.S. Department of Labor’s Office of Disability Employment Policy.
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Creating an Inclusive Workplace and Limiting Risk:
Tips for Creating an Accommodation Process
Linda Carter Batiste, J.D., Principal Consultant
Elisabeth Simpson, MS, Consultant
Accommodation Process
Overview JAN Services Accommodation Process Tips & Examples Questions
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Established in 1983 as a national, free service. Specialize in job accommodations and the
employment provisions of the ADA. Assist with the interactive process. Give targeted technical assistance. Provide comprehensive resources. Maintain confidentiality. Communicate via telephone, chat, text, TTY, relay,
email, and social networks. Offer live and archived training. Work as your partner.
Accommodation Process
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Accommodation Process
Overview Employers Individuals Service Providers Others
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Accommodation Process
Overview 36,000 contacts per year
10,000 electronic contacts
3,200,000 Webpage requests per year
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JAN’s Accommodation Process
Accommodation Process
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Step 1:
Recognizing an Accommodation Request
TIPS Err on the side of caution Act quickly Assign responsibility Conduct training
Accommodation Process
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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?
Accommodation Process
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Is this an accommodation request?
Yes. More leave (an accommodation) is needed Because of a medical condition
Accommodation Process
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Step 2:
Gathering Information
TIPS Find out the limitation and problem Get information from the employee when possible Remember ADA rules for medical inquiries
Accommodation Process
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In 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?
Accommodation Process
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Do we have all the information we need?
No. Do not know limitations Do not know problem
Accommodation Process
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Step 3:
Exploring Accommodation Options
TIPS Keep an open mind Invite the employee to suggest
accommodations Ask the employee’s medical provider for
ideas Use JAN when needed
Accommodation Process
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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?
Accommodation 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
Accommodation Process
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Step 4:
Choosing an Accommodation
TIPS Consider the employee’s preference Consider a trial period
Accommodation Process
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A 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?
Accommodation Process
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How 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
Accommodation Process
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Step 5:
Implementing the Accommodation
TIPS Make sure all necessary steps are taken to
implement the accommodation Communicate with essential personnel
about the accommodation
Accommodation Process
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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?
Accommodation 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
Accommodation Process
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Step 6:
Monitoring the Accommodation
TIPS Check on effectiveness Maintain the accommodation Encourage ongoing communication
Accommodation Process
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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?
Accommodation Process
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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
Accommodation Process
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Questions? AskJAN.org
Accommodation Process
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Accommodation Process
Contact (800)526-7234 (V) & (877)781-9403 (TTY) AskJAN.org & [email protected]
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