Reasonable Accommodations: The Foundation for a Disability ... · Step 4 – Request Documentation,...
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Reasonable Accommodations: The Foundation for a Disability- Inclusive Federal Workforce September 20, 2018 AskEARN.org
Transcript of Reasonable Accommodations: The Foundation for a Disability ... · Step 4 – Request Documentation,...
Reasonable Accommodations: The Foundation for a Disability-Inclusive Federal WorkforceSeptember 20, 2018
AskEARN.org
Reasonable Accommodations: The Foundation for a Disability-Inclusive Federal Workforce
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Brett SheatsNational Project Director
Employer Assistance and Resource Network on Disability Inclusion
(EARN)
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Employer Assistance and Resource Network on Disability Inclusion (EARN)
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• A no-cost resource for employers seeking to proactively recruit, hire, retain and advance qualified employees with disabilities
Access trainings, webinars and numerous publications
• Funded through a cooperative agreement with the U.S. Department of Labor’s Office of Disability Employment Policy
• Collaborative of multiple partners with expertise in technical assistance, training and research
• Visit website at http://AskEARN.org
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Housekeeping
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• For audio call: 415-655-0045
Access code: 664 322 884#
• Contact WebEx tech support at 1-866-229-3239
• Download slides at AskEARN.org
• An archived recording of the webinar will be posted to AskEARN.org within the week
• Submit questions via Q&A window or via @AskEARN
• Having trouble posting to the Q&A window? Email [email protected]
• Tweet using #AskEARN
• Live captioning is located at the bottom right of the screen
• Receive 1.0 general recertification credit hours through the Society for Human Resource Management (SHRM) (via email following the event)
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Audience Assessment Question
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On a scale of one to five, how would you rate your understanding of reasonable
accommodations for federal workers?
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Reasonable Accommodation Process: Step by Step Approach to Determine Effective Accommodations
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Anupa IyerPolicy Advisor
Office of Federal Operations
Equal Employment Opportunity Commission (EEOC)
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What is a Reasonable Accommodation?
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• A reasonable accommodation is a CHANGE in the way things are done at work that enables an individual with a disability to:
Apply for a job;Do a job; orEnjoy equal access to a job’s benefits and
privileges.
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Eligibility for Reasonable Accommodation
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A person qualifies for a reasonable accommodation if they:• Meet the definition of disability under
Section 501; and
• Are qualified for the job they have or want.
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Explaining the Process - RA Procedures
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Do the procedures explain: Who can request an RA? How to make a request (using plain language)? That the request will be processed regardless of whether it is made orally
or in writing? To whom a request may be made? Whether there are different processing standards for applicants? Ways to ease processing burdens for repeated/ongoing RA requests?
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Who is the Decision Maker?
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• Do the procedures provide contact information for the individual or program office from whom requestors will receive a final decision?
• Do supervisors have authority to approve or deny RA requests? Are supervisors trained on how to recognize RA requests? What about resources to provide RA?
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Step 1 – Job Analysis
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Analyze the particular job performed by the employee.
What is the purpose of the job?What are the essential functions
of the job?
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Step 2 – Communicate
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• Try to ascertain the precise limitations imposed by the individual’s disability and how those limitations can be overcome by a reasonable accommodation. What limitation(s) is the employee experiencing? How does this limitation(s) affect the employee's ability to perform
the job? What specific job tasks are affected?
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Step 3 – Identify Accommodations
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• Employer and employee work together to identify potential accommodations and assess the effectiveness of proposed accommodations. What accommodations are available to reduce or
eliminate barriers? Consult Disability Program Manager for ideas. Consult external resources – Job Accommodation
Network, DoD CAP, EEOC, etc.
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Step 4 - Request Documentation
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• Agency MAY ask for documentation when: The agency MAY ask for REASONABLE
DOCUMENTATION about the individual’s disability and functional limitations.
The agency MAY ask for SUPPLEMENTAL DOCUMENTATION when the information already submitted is insufficient to document the disability and/or functional limitations it causes.
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Step 4 – Request Documentation, Continued
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• Agency MAY NOT ask for documentation when: Both the disability and need for accommodation are obvious;
or Individual has already provided sufficient information to
substantiate that the individual has a disability and needs the requested accommodation.
• The agency MAY NOT request access to the individual’s complete medical records.
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Practical Tips - Disability Documentation
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• Focus more on the requested RA, focus less on the disability.• Standard forms to collect medical information may lead to violations.• Avoid asking individuals to complete a form that asks for medical
information in order to request RA.• Avoid medical release forms to collect information. Release may be
appropriate for supplemental request.
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Confidentiality
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• Medical Information MUST be kept confidential! Includes all medical information of all applicants and employees,
from whatever source obtained.
Includes the fact that someone has requested or received an accommodation.
It is a violation of the Rehab Act to disclose to other managers, co-workers or other employers unless exception applies.
Documents containing confidential medical information cannot be kept in regular personnel files.
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Step 5 – Implementation
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• Select and implement the accommodation that works for both the individual and the employer. Consider employee's preference when making decisions. If more than one possible accommodation exists, employer
has discretion to choose among equally effective alternatives.
Once accommodations are in-place, consider following up with employee to determine effectiveness of accommodations.
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Timeliness
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• Accommodations should be provided in as short of a timeframe as possible. Expedite processing when necessary. Identify and address any "extenuating circumstances"
that may cause delay. Notify the individual of the reason for any delay in
responding to a request for or providing a resonable accommodation. The individual should be kept informed of the date on which the agency expects to complete the process.
Investigate and implement temporary measures.
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Defense – Undue Hardship
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• Determination must be made onan individualized basis.
• Determination of undue hardship based on cost MUST be based on the agency's budget as a whole.
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Practical Tips
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• Review and revise policies that may delay processing accommodation requests.
• Ensure individualized assessment of safety risks.• Consult with an expert before denying a request.• Be aware of the range of accommodation options.
Remember – The duty to accommodate is ongoing!
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Reasonable Accommodations: The Foundation for a Disability-Inclusive Federal Workforce
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Tracie DeFreitasLead Consultant, ADA Specialist
Job Accommodation Network (JAN)
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Who, What, Where is JAN
• National, free consulting service, established in 1983
• Located in Morgantown, WV at West Virginia University
• Funded by a contract with the Office of Disability Employment Policy, U.S. Department of Labor
• Expert Consultation on Job Accommodation Solutions
• All industries• All job categories• All impairments
• Targeted Technical Assistance• Americans with Disabilities Act
(ADA), title I• Rehabilitation Act, Section 501
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Questions about Accommodations or ADA? Ask JAN!
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• 53,000+ contacts per year• Employers • Individuals with Disabilities• Legal, Rehabilitation, Medical, Educational Professionals, etc.• Family Members, Friends
• One-on-One Consultation• Motor/Mobility• Cognitive/Psychiatric/Neuro• Sensory/Immunology• ADA/Rehabilitation Act
Telephone/TTY, chat, email, text, social media…
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• JAN by A-Z:Disability, Topic, Limitation
• Publications, Articles and Resources
• Training, Webcasts• ADA Library: Regulations and
Equal Employment Opportunity Commission (EEOC) guidance documents
• Quarterly E-News & Blog
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AskJAN.org
• Federal Employment of People with Disabilitieshttps://askjan.org/topics/Federal-Employment-of-People-with-Disabilities.cfm
• Federal Employershttps://askjan.org/info-by-role.cfm#for-employers
• Interactive Process: Federal Sectorhttps://askjan.org/articles/EAPS/upload/fedinteractiveprocessEAP.doc
• Personal Assistance Services (PAS) in the Workplace https://askjan.org/topics/persassist.cfm
• Publications and Articleshttps://askjan.org/publications/index.cfm
• Newsletter Articles• Consultants' Corner Articles• Blogs
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• JAN A to Z https://askjan.org/a-to-z.cfm
• Disability• Limitation• Work-Related Function• Topic
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Workplace Accommodation Toolkit
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• Free, online “living” toolkit that captures and continuously updates best and emerging workplace accommodation practiceshttp://AskJAN.org/toolkit/
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Workplace Accommodation Toolkit
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• Building on a Strong Foundation, Best and Emerging Practices
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• JAN Traininghttps://askjan.org/events/Trainings.cfm• JAN's Multimedia Training
Microsite• JAN's Webcast archive• Request training• JAN on YouTube
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Reasonable Accommodations: The Foundation for a Disability-Inclusive Federal Workforce
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Vonda BellActing Chief Human Capital Officer
Acting Director, Office of Agency Services
Farm Credit Administration
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HR & EEO: Collaborating for Success
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• 4 Ideas to Help HR & EEO Collaborate:• Acknowledge Mutual Purpose• Demonstrate Mutual Respect• Collaborate Early & Often• Set Aside Dedicated Time to Meet
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Resources
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• Employer Assistance and Resource Network on Disability Inclusion(EARN):
http://www.AskEARN.org
• Job Accommodation Network (JAN): https://AskJAN.org/
• U.S. Department of Labor, Office of Disability Employment Policy (ODEP): https://www.DOL.gov/ODEP
• ODEP’s Return-to-Work Toolkit: https://www.dol.gov/ODEP/Return-to-Work/
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Contact Information
• Brett SheatsNational Project DirectorEmployer Assistance and ResourceNetwork on Disability Inclusion (EARN)Email: [email protected]: www.askearn.org
• Anupa IyerPolicy AdvisorOffice of Federal OperationsEqual Employment Opportunity Commission (EEOC)Email: [email protected]: https://www.eeoc.gov/
• Tracie DeFreitasLead Consultant, ADA SpecialistJob Accommodation Network (JAN)Email: [email protected]: https://AskJAN.org/
• Vonda BellActing Chief Human Capital OfficerActing Director, Office of Agency Services Farm Credit AdministrationEmail: [email protected]: https://www.fca.gov/
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Audience Assessment Question
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On a scale of one to five, how would you rate your understanding of reasonable accommodations for federal workers?
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