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Educating Managers About Disability Accommodations Parallax Education 800-256-6285.

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Presentation on theme: "Educating Managers About Disability Accommodations Parallax Education 800-256-6285."— Presentation transcript:

1 Educating Managers About Disability Accommodations Parallax Education

2 All Candidates are Equally Qualified Select the candidate you would hire, and your reasons: Joe SmithBack Problems John TaylorRecovered from Cancer Ron SandersRecovering Alcoholic Doug HamiltonWheelchair User Jayne ReynoldsPregnant Sue JonesManic Depressive

3 Educating Managers About Disability Accommodations Course Objectives: Discover some of your stereotypes/prejudices about persons with disabilities. Discover some of your stereotypes/prejudices about persons with disabilities. Be able to define disability as outlined in California law. Be able to define disability as outlined in California law. Be able to establish essential functions of a job description. Be able to establish essential functions of a job description. Understand what is a reasonable accommodation, and how to engage in an interactive process Understand what is a reasonable accommodation, and how to engage in an interactive process

4 Increasing Claims Disability lawsuits are escalating at the rate of 39% per year. Most common management mistakes: Managers dont understand what an essential function is. Managers dont understand what an essential function is. Managers dont understand the lengths expected to accommodate. Managers dont understand the lengths expected to accommodate. Managers dont engage in a meaningful dialogue –decisions w/o consulting employee. Managers dont engage in a meaningful dialogue –decisions w/o consulting employee. Managers become frustrated juggling operational needs with the needs of the disabled employee, and shows it. Managers become frustrated juggling operational needs with the needs of the disabled employee, and shows it. Once employee returns from leave, manager is aggressive – now, get back to work, or refuses to honor half-day suggestions by Dr. Once employee returns from leave, manager is aggressive – now, get back to work, or refuses to honor half-day suggestions by Dr.

5 Simple Definition of Disability in California Person has a physical or mental situation that impacts their ability to perform work. How do I know when someone is disabled? They say they are. They say they are. They provide medical documentation. They provide medical documentation. They are treated as though they are disabled. They are treated as though they are disabled. They are considered to be disabled. They are considered to be disabled.

6 Educating Managers About Disability Accommodations What is a request for accommodation? Employee doesnt have to use the phrase reasonable accommodation. Employee doesnt have to use the phrase reasonable accommodation. Employee doesnt have to mention the ADA or a disability. Employee doesnt have to mention the ADA or a disability.

7 Which of the Following are a Request for Accommodation? Im having trouble getting to work at my scheduled time due to medical treatments. I need six weeks off to get treatment for a back problem. An employee in a wheelchair informs you that the wheelchair cannot fit under the desk in your office. An employee says that he would like a new chair because the present one is uncomfortable. An employee requests a change to a new supervisor because his supervisor stresses him. An employee is overheard to tell a co- worker that they have a disability.

8 Educating Managers About Disability Accommodations Group Exercise: In your groups, list 3 more examples of situations that would amount to a request for accommodation. Example: Employee is returning from a workers comp incident. Example: Employee is returning from a workers comp incident. ___________________________________ ___________________________________

9 Educating Managers About Disability Accommodations An employees spouse phones to say that the employee has a medical emergency. An employees doctor sends the employee back to work with a letter outlining work restrictions. Who else can make the request?

10 Requests You Can Make for Documentation If disability, or need for accommodation is not obvious, the employer may ask the employee for documentation. Example: Employee says, Im having trouble reaching tools due to my shoulder injury. Example: Employee says, Im having trouble reaching tools due to my shoulder injury. You can ask for documentation describing the impairment, the limitations, the scope, and the duration. Example: Marketing employee has severe learning disabilities and has to attend meetings on strategies. In order to remember what was discussed, he must take notes, but due to the disability has difficulty writing. Employer may ask for documentation describing the impairment, the limitations, the scope, and the duration. Also may ask why disability requires use of a laptop.

11 You are entitled for medical assessment of the following: The impairment The impairment The scope of the impairment The scope of the impairment The limitations imposed by the impairment The limitations imposed by the impairment The duration of the impairment The duration of the impairment DONT ask for, or let the doctor give you medical diagnosis. DONT ask for, or let the doctor give you medical diagnosis. You can ask why a specific accommodation would be best. You can ask why a specific accommodation would be best. Requests You Can Make for Documentation

12 How to Decide What is an Essential Function 1. Are employees in the position required to perform this function? 2. Does the position exist to perform that function? 3. Is the function so highly specialized that the incumbent is hired for his/her ability to perform that function? 4. By not requiring the incumbent to perform, would there be serious consequences? 5. Are there no other employees available to perform the function? 6. Would critical peak periods of work prevent reorganizing work assignments?

13 Can These Persons Perform Essential Functions of Their Positions? The accounting manager has multiple sclerosis, and energy fluctuations, so requests to work at home two days a week. The VP of Sales is undergoing chemotherapy treatments, so requests a flexible work schedule.

14 Your Job Descriptions: In your groups pick one function of each job in the group, and using the 6-point questioning process, determine whether that is an essential function, or a marginal function. Be ready to share with group. In your groups pick one function of each job in the group, and using the 6-point questioning process, determine whether that is an essential function, or a marginal function. Be ready to share with group. Repeat with a second function of each job description. Repeat with a second function of each job description. Educating Managers About Disability Accommodations

15 Steps You Should Take to Reasonably Accommodate 1.Is there problem performing a function? 2.Can the job be accommodated by removing a marginal function (or two)? 3.Is a particular function essential? 4. Is it possible to modify the existing facilities? 5. Is there a product that would solve the problem? 6. Is it possible to use or combine available products? 7. Is it possible to modify a product?

16 Steps You Should Take to Reasonably Accommodate 8.Is it possible to design a new product? 9.Is an alternative position available? 10.Does the situation require redefinition? 11.Was JAN contacted? Was the employee included in the process? 13.Document, document, document.

17 Avoid Harassment or Discrimination Complaints Very clear definition of what the essential functions of each job. Dont operate out of misconceptions about what is possible. Communicate with the disabled employee – ask THEM! Dont promise the accommodations the request, call HR. Manage your own frustration. 1.Training 2.Policies/Procedures 3.Meaningful Dialogue with Disabled Employee 4.Investigate Complaints 5.Communicate Back to Disabled Employee 6.Remedy 7.Guard Against Retaliation 8.Document attempts to accommodate 9.Continue to monitor

18 Educating Managers About Disability Accommodations Thank You!!


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