JAN is a service of the U.S. Department of Labors Office of Disability Employment Policy. 1 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 2

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, , and social networks. Offer live and archived training. Work as your partner. Accommodation Process 3

Overview Employers Individuals Service Providers Others 4

Accommodation Process Overview 36,000 contacts per year 10,000 electronic contacts 3,200,000 Webpage requests per year 5

JANs Accommodation Process Accommodation Process 6

Step 1: Recognizing an Accommodation Request TIPS Err on the side of caution Act quickly Assign responsibility Conduct training Accommodation Process 7

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 8

Is this an accommodation request? Yes. More leave (an accommodation) is needed Because of a medical condition Accommodation Process 9

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 10

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 11

Do we have all the information we need? No. Do not know limitations Do not know problem Accommodation Process 12

Step 3: Exploring Accommodation Options TIPS Keep an open mind Invite the employee to suggest accommodations Ask the employees medical provider for ideas Use JAN when needed Accommodation Process 13

A call center employee with heart/circulatory problems needs to take breaks to move around. Allowing more breaks will interfere with the employers call routing system. How can we figure out what else might work? Accommodation Process 14

How can we figure out what else might work? Call JAN! Under desk pedal device Meets employees needs without leaving her desk Accommodation Process 15

Step 4: Choosing an Accommodation TIPS Consider the employees preference Consider a trial period Accommodation Process 16

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 17

How should the employer decide which accommodation to choose? Talk with the employee! Employee preferred to work at home so not forced isolation Employee was more concerned about the cubicle/air- purifier drawing attention Accommodation Process 18

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 19

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 20

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 21

Step 6: Monitoring the Accommodation TIPS Check on effectiveness Maintain the accommodation Encourage ongoing communication Accommodation Process 22

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 employees screen reading software would not work with the new database. How could the employer have avoided this problem? Accommodation Process 23

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 24

Questions? AskJAN.org Accommodation Process 25

Accommodation Process Contact (800) (V) & (877) (TTY) AskJAN.org & 26