Technology as a Reasonable Accommodation

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Technology as a Reasonable Accommodation ADA Trainer Network Module 7b Technology as a Reasonable Accommodation Things to Consider Trainer’s Name Trainer’s Title Phone Email/Website Address

Disclaimer Information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA. The Northeast ADA Center is authorized by the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information, materials, and technical assistance to individuals and entities that are covered by the ADA. The contents of this document were developed under a grant from the Department of Education, NIDRR grant number H133 A110020. However, those contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government.

The big picture In today’s technology-dependent society, everyone is connected and systems are interdependent. For everything to work properly, all of the interconnected pieces must be compatible. Note to Presenters: The information presented on this slide will be discussed in greater detail later in this module. Don’t spend a lot of time discussing it here.

Technology-related Accommodation Consider how the AT will fit into the technology environment for the whole organization Important factors to consider: Individual needs Business needs Availability of technology vendor Current technology infrastructure When thinking about technology related accommodations, it is necessary to take into account how assistive technology used by an individual fits into the overall technology environment of the organization both from the individual user’s standpoint and the standpoint of the organization. The organization may need to work with the AT vendor for setup and ongoing support of the assistive technology, as well as consider how the assistive technology might work with future technology plans.

Technology as a Reasonable Accommodation When all the pieces work together, the benefits are many. Consider the following examples: A receptionist at a small office had to take phone messages as part of her job. She was unable to use her hands as a result of a brain stem injury, so writing messages on a message pad was not feasible. She asked her employer if she could use a conversation record button on her phone so that she could transfer the messages at a later time using voice activated software. While her employer understood her need for an accommodation, they were not supportive of that option as it violated the privacy rights of the customers calling in. An alternative solution was proposed that allowed the receptionist to use a tape recorder to record phone messages. She asked the caller to say and spell their name and she would repeat it into the tape recorder. She could play back this information at a later time and send it to the person via email. Compatibility and current technology infrastructure: An employee may need a specialized mouse because of a mobility-related disability. The employer may be upgrading their computers to a newer operating system and would want to ensure that the software needed to drive the specialized mouse is compatible with the new operating system so the employee does not experience any “down-time” during the transition.

What is an Accommodation? According to the EEOC (2014)… “A reasonable accommodation is any change in the workplace or the way things are customarily done that provides an equal employment opportunity to an individual with a disability.” The Equal Opportunity Employment Commission provides a great deal of guidance around reasonable accommodation. This definition was taken from EEOC guidance documents. Employers must provide accommodations so that all people can do the following: Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires. For example, if you offer your applicants 24/7 access to the application for employment via the internet, that web site should be accessible to ensure that all applicants have the same opportunity for access. Modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position. For example, if a persons job is to enter data into a computer for record keeping purposes and the individual is blind, the employer would be responsible for providing a screen reading program. Modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities. For example, if you employ a person who uses a wheelchair and are planning a staff retreat, the retreat should be in an accessible location.

Assistive Technology: Accommodations for employees with disabilities Generally speaking, the less costly accommodations would be those requested most often: workstation alterations, screen magnifier, computer input device and voice recognition; generally costing less than $1000. – Bruyere, Erickson, Schramm, 2003

Employers Believe Accessible Technology Improves Compliance, Satisfaction, and Productivity Most Microsoft (2008). The business value of integrating accessible technology into business organizations. Retrieved from http://www.microsoft.com/enable/business/value.aspx The information above summarize the results of a survey on the benefits of providing reasonable accommodation at one workplace. The Job Accommodation Network found similar results in their survey. – Microsoft, 2008

Results from a Job Accommodation Network Survey (2011) 56% of accommodations were made for no cost 38% were a one-time cost 4% required an on-going, annual cost Of those employers who reported a cost, one-time expenditures averaged $500 76% stated accommodations were either very effective or extremely effective The following information was taken from a JAN report entitled: Workplace Accommodation: High Cost, Low Impact; Annually Updated Research Findings Address the Costs and Benefits of Job Accommodations (2011). This report is available at https://askjan.org/media/LowCostHighImpact.doc JAN, in partnership with the West Virginia University School of Applied Social Sciences (SASS), interviewed 603 employers between June 28, 2008, and July 31, 2011. Employers in the JAN study represented a range of industry sectors and sizes and contacted JAN for information about workplace accommodations, the ADA, or both.

JAN: Direct Benefits of Accommodation Employers reported the following direct benefits of having made an accommodation: 89% retained a valuable employee 71% increased the employee’s productivity 60% eliminated costs associated with training a new employee 53% increased the employee’s attendance 43% increased diversity of the company 39% saved workers’ compensation or other insurance costs 13% hired a qualified person with a disability

JAN: Indirect Benefits of Accommodation Employers reported the following indirect benefits of having made an accommodation: 68% reported improved interactions with co-workers 63% increased overall company morale 59% increased overall company productivity 47% improved interactions with customers 45% increased workplace safety 39% increased overall company attendance 32% increased profitability 18% increased customer base

Employment and Disability Institute Northeast ADA Center Employment and Disability Institute Cornell University Dolgen Hall Room 201 Ithaca, New York 14853-3901 Toll-Free : 800.949.4232 (NY, NJ, PR, USVI) Telephone 607.255.6686 Fax 607.255.2763 TTY 607.255.6686 Email northeastada@cornell.edu Web www.northeastada.org The contents of this presentation were developed under a grant from the Department of Education, NIDRR grant number H133 A110020. However, those contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government. Conclude by reminding participants that the training materials were produced by the Northeast ADA Center in collaboration with the National ADA Network. Remind them of the free and confidential technical assistance and other services available from your local ADA Center and from the ADA Centers throughout the country.