Transcript JANDecember2014Presentation

Workplace Trends
Teresa Goddard, M.S., JAN Senior Consultant
Elisabeth Simpson, M.S., CRC, JAN Senior Consultant
(800) 526-7234 (Voice)
(877) 781-9403 (TTY)
[email protected]
JAN is a service of the U.S. Department of Labor’s
Office of Disability Employment Policy.
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Workplace Trends
Objectives
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JAN Overview
Top 10 Trends
Accommodation Examples
The Interactive Process
Questions
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Workplace Trends
 Over 30 Years of Service
 Consultation on:
 Job Accommodation
 Americans with Disabilities Act / Rehabilitation Act
 Entrepreneurship
 Experienced
 Free
 National
 Easy to Use
 Confidential
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Workplace Trends
Ask JAN and we…
 Meet you where you are.
 Help meet timelines.
 Assist with the interactive process.
 Give targeted technical assistance.
 Provide comprehensive resources.
 Maintain confidentiality.
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Workplace Trends
Top 10 Workplace Trends
1) Open-plan offices
2) White noise systems
3) Automatic air fresheners
4) Mobile device policies
5) Bring Your Own Device (BYOD)
6) Procedural trends
7) Shared workspaces
8) Accommodations related to emotional support
animals
9) Information technology department involvement
10)New from EEOC
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Workplace Trends
Trend #1: Open-Plan Offices
Open-plan offices, where cubicle walls and private
offices are removed, are intended to increase
collaboration, communication, and productivity.
The non-traditional design can
be a cost-cutting strategy and
an attempt to limit the perception
of a hierarchical corporate
structure resulting in a workforce
that is more cohesive and
efficient.
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Workplace Trends
ADA implications for open-plan offices
 Increase distractions
 Difficulty concentrating
 Limits to how workspace is modified
 Air quality
 Temperature
 Loss of privacy = Accommodations put on display
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Assistive technology for phone use
Software used for accessing information on computer
Software used for inputting information on computer
Alternative keyboards, mice, chairs, etc.
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Workplace Trends
Accommodation Example
A financial planner with ADD and bipolar disorder had
been provided with high cubicle walls and a cubicle door
as an accommodation to reduce distractions and allow
him a private space for phone calls to his counselor. The
employer decided that the office design was going to be
changed and everyone was expected to work in an
open-plan space. After two weeks of sitting in the openplan space the employee’s productivity started to drop
and he requested to have his old space back as an
accommodation.
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Workplace Trends
Trend #2: White Noise Systems
White noise systems, sometimes called sound masking
systems or speech privacy systems are systems that
use a particular type of sound emitted from specially
placed speakers to mask unwanted background noise.
They are also marketed as a way to limit the distance
from which a private or confidential conversation can be
overheard which businesses may find desirable as a
means of complying with laws requiring privacy
safeguards as well as a means for prevention of
corporate espionage.
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Workplace Trends
ADA implications for white noise systems
Advantages
 May reduce distractions from background noise
 May help prevent breaches of confidentiality
 For large spaces, may be cost effective compared
with installation of acoustic paneling etc.
Disadvantages
 May interfere with functioning of some types of
hearing aids
 May distract employees with noise sensitivity
 May not be effective in masking certain types of
sounds or in certain room configurations
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Workplace Trends
Accommodation Example
An employee who used hearing aids reported that white
noise from his workplace’s sound masking system was
interfering with the functioning of his hearing aids and
making it difficult for him understand what others were
saying in conversations and in meetings. Attending
meetings at multiple locations in the facility to obtain
information was an important part of the individual’s job.
A JAN consultant suggested exploring options for
adjusting the sound masking system and seeking input
from an audiologist to see whether an FM system might
help with hearing during meetings.
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Workplace Trends
Trend #3: Automatic Air Fresheners
Automatic air fresheners, along with plug-in air
fresheners, are often placed in restrooms, common
areas, break rooms, and sometimes throughout a facility.
The air freshener might be set to spray at various
intervals throughout a day or may be pumped through
an HVAC system.
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Workplace Trends
ADA implications for automatic air fresheners
 Individuals with respiratory conditions, such as
asthma, allergies, or fragrance and chemical
sensitivity may experience difficulty breathing, fatigue,
migraines, and have difficulty concentrating as a
result of exposure to these products.
 Exposure can have an impact on productivity if an
employee is frequently needing to take leave.
 The best way to prevent fragrance sensitivity is to
remove, block, or avoid the offending substance.
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Workplace Trends
Accommodation Example
An educational consultant with asthma and fragrance
sensitivity was hired by a new school district. Every
school in the district had automatic air fresheners in the
restrooms and hallways. Since being hired the employee
had experienced a significant increase in asthma
attacks. She thought that the air fresheners could be
easily removed but wasn’t sure if this would be an
accommodation she could request under the ADA.
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Workplace Trends
Trend #4: Mobile device policies
Mobile devices such as tablets, cellular phones,
smartphones, smartwatches and other wearable devices can
be valuable productivity tools when used appropriately. They
can also help employees maintain work life balance, use
concentration and relaxation techniques, manage health
conditions, and keep in touch with those who support them
without tying up office equipment and phone lines.
However, devices can also serve as a distraction, or worse
pose a risk to data. As a result many employers are
developing and updating policies on use of personal devices
and governing what types of devices and apps can be
purchased for employees.
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Workplace Trends
ADA implications for mobile device policies:
 Policies must be applied in a nondiscriminatory way
 Employers may need to consider policy modification as an
accommodation
Ways to employ mobile devices as workplace
accommodations:
 Using an accessibility feature to make a mobile device
accessible
 Using an app or accessory as all or part of an
accommodation
 Using a mobile device as an accommodation
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Workplace Trends
Accommodation Example
An HR professional from a school district, was responding to
a request by an individual who wanted to use a video phone
and Video Relay Service (VRS) to make and receive calls.
They had been using a TTY, but it was no longer working. A
consultation with IT personnel revealed that it was not
possible to install the type of high speed Internet connection
needed to use a video phone at the employee's workstation.
A JAN consultant suggested exploring whether the
employee’s needs could be met using a video relay app and a
tablet with a front facing camera. The consultant also
discussed that a data plan or other wireless access would be
needed, and that appropriate use may need to be discussed.
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Workplace Trends
Trend #5: BYOD
BYOD stands for bring your own device. This is a type of
IT related policy allowing employees to bring their own
privately purchased phones, laptops, tablets and other
devices such as wearable technology to work and using
these to access networks, information and applications
that are owned or otherwise controlled by the employer.
This allows employees to do work related activities on
their own devices.
Variations on this type of policy are sometimes called,
bring your own phone (BYOP), bring your own
technology (BYOT) and, bring your own PC (BYOPC)
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Workplace Trends
ADA implications for bring your own device
programs:
 Reimbursement issues may limit participation
 Policies must be applied in a nondiscriminatory way
 Employers may need to consider policy modification as an
accommodation
Some policies require that employees be willing to surrender
their device in the event of an investigation.
 Potential privacy issues
 Surrendering a device may be difficult who use their devices
for management of medical conditions
 Individuals who use their device as a primary means of
communication may be temporarily without a way to
communicate at work and at home
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Workplace Trends
Accommodation Example
A newly hired social worker was successfully using an
iPhone that met her accessibility needs in her day to day
life. However, the employer wanted her to use a
company issued BlackBerry for work related tasks.
The employee wanted the employer to issue an iPhone
instead of a BlackBerry, or modify their policy to allow
her to use her personal iPhone for work.
After contacting JAN, the employer learned about
accessibility options for BlackBerry phones including a
screen reader, and what models were compatible with
the BlackBerry Screen Reader.
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Workplace Trends
Trend #6: Procedural Trends
Procedural trends refers to the practice of out sourcing
absence and leave management programs, as well as
accommodation programs, to a third party. The potential
benefit is that the on-site Human Resources team does
not have to take additional time processing FMLA or
ADA paperwork and can focus on employee relations.
The third party is responsible for directing the process
and being the intermediate contact between the
employer entity and the employee.
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Workplace Trends
ADA implications for procedural trends
 Additional “hands in the mixing bowl”
 Third party should be well informed about the ADA,
job descriptions and tasks, and potential overlap of
FMLA, ADA, STD, etc.
 Can extend time spent on the interactive process.
 Equipment purchasing concerns.
 Employee confusion on point-of-contact
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Workplace Trends
Accommodation Example
An employee was on FMLA leave following carpal tunnel
surgery. She had been released to return to her job as
an administrative assistant but needed accommodations
(e.g. ergonomic assessment, alternative keyboard,
mouse). She contacted human resources who told her to
contact the company that handled her FMLA leave.
When she did, her FMLA point-of-contact referred her to
another department. She waited for a return call from the
reasonable accommodation team and it took an
additional three weeks before the equipment was
ordered.
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Workplace Trends
Trend #7: Shared workspaces
A shared workspace is one where two or more
employees, who primarily work from home, share the
same cubicle work workspace when they are required to
be on-site or in the office. By sharing one workspace
and employer can condense real estate while ensuring
that employee’s have a space to work when they are onsite. Employee’s stagger or alternate schedules so that
no more than one person designated to the workspace
is in the office at the same time or on the same day.
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Workplace Trends
ADA implications for shared workspaces
 Continuous changes to space can have an impact on
ergonomic desk set-up
 May not allow for use of AT
 May not allow for specialized office equipment
 If AT is used, confidentiality issues may arise
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Workplace Trends
Accommodation Example
An employee with a back and neck impairment working
for a financial consulting firm was told that the company
was mandating work-from-home to reduce costs
associated with renting out a large office. All employees
would be required to come into the office 2 days per
week and share a cubicle with a coworker. The
employee was concerned because he used an
ergonomic chair and height adjustable desk that were
provided as an accommodation and had been adjusted
by an ergonomic specialist.
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Workplace Trends
Trend #8: Emotional Support Animals
Many employers and employees have expressed confusion
about the role of emotional support animals in workplace
accommodation.
Emotional support animals are companion animals that
provide therapeutic benefit to individuals with disabilities.
Having the animals present may be helpful in managing or
mitigating symptoms of various mental health conditions such
as anxiety, depression, and PTSD.
Emotional support animals differ from service animals in that
service animals are trained to perform tasks. Some animals
may serve as both emotional support animals and service
animals.
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Workplace Trends
ADA implications for emotional support animals in
the workplace
 According to the EEOC, there is no specific definition of
service animal under Title I, and Title III regulations do not
apply to questions arising under Title I
 Employers may need to consider allowing therapy animals
and emotional support animals
 Employers may need to consider allowing animals other
than dogs
 Employers have the right to request documentation or
demonstration of the need for the service animal, that the
service animal is trained, and that the service animal will
not disrupt the workplace
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Workplace Trends
Accommodation Example
An employee with post traumatic stress disorder and
anxiety worked in a call center. He requested to bring in
his service dog as a support animal. Because the
disability was not obvious, the employer requested that
the employee provide medical documentation to show
that the dog was needed for this purpose. The employee
provided a limited amount of medical information to the
employer along with a document from the agency that
trained the dog.
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Workplace Trends
Trend #9: IT Involvement
Effective engagement of Information Technology (IT)
professionals is key to providing effective
accommodations not only for computer and telephone
related tasks, but also for any accommodation involving
computer related equipment or access to the internet.
One example is video remote interpreting (VRI) which
allows an interpreter to interpret during a live meeting or
training without being physically present.
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Workplace Trends
ADA implications for IT involvement:
 Internal policies may require that IT be involved in
approving certain types of accommodations
 Employers need to avoid unnecessary delays
 IT may recognize, prevent or address compatibility issues
 IT professionals may be helpful in resolving technical
issues internally
 May benefit from training on AT currently in use
 May benefit from training on ADA/accessibility
 May reduce implementation costs
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Workplace Trends
Accommodation Example
A federal employee with a vision impairment was having
difficulty accessing her telephone to make receive and
transfer calls. The employer had reached out to both
JAN and CAP in search of accommodation ideas. A
software-based solution for making receiving and
transferring calls via the computer was discussed.
However, when the HR person handling the request
checked with IT, she learned that the software was not
compatible with the employer's phone system. The
employer arranged for a representative from the IT
department to participate in a conference call to discuss
other possible accommodation options.
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Workplace Trends
Trend #10: EEOC Guidance on Interpreters
A guidance letter dated October 28, 2013 states, “An
interactive process with an employee will help ensure initial
selection of an effective accommodation and will be important
for reassessing a situation if the employee requests a change
to an accommodation that has been provided. For instance, if
a particular interpreter is not effective for the individual (e.g.,
does not use the same type of sign language as the
employee, or cannot sign quickly or accurately enough), the
employer should arrange to provide an alternative individual
as an effective accommodation. Similarly, if a technological
device is too slow or experiences frequent disconnections
inhibiting communication, the employer should determine
whether it needs to be repaired or replaced with a properly
functioning or upgraded version, or whether a different
accommodation is needed.”
http://www.eeoc.gov/eeoc/foia/letters/2013/ada_sign_language_interpreters.html
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Workplace Trends
ADA implications for EEOC Guidance on Interpreters
Employers may need to consider employees requests for
different types of interpreters. In order to provide effective
accommodations
 May need to consider interpreters with specialized skills or
knowledge
 In some cases, more than one type of interpreter may be needed in
order to meet communication needs
 Employers may need to consider accommodations related
to video phones and services such as video remote
interpreting (VRI) and video relay services (VRS)
 Equipment may need to be updated or replaced
 Internet connections need to be stable enough to effectively access
these services
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Workplace Trends
Accommodation Example
An employee of a nonprofit organization serving individuals
with developmental disabilities was deaf and was having
difficulty passing a test needed to meet the qualification
standard. He had received interpreter services during a
training related to the test, but did not pass the test. The
employee asked to repeat the training with the
accommodation of services from a Certified Deaf Interpreter
(CDI). A CDI is an interpreter who is also a person who is
deaf or hard of hearing. They often work as a team with a
hearing ASL interpreter and have knowledge of deafness and
deaf culture.
Read more about Certified Deaf Interpreters at:
http://www.rid.org/UserFiles/File/pdfs/120.pdf
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Workplace Trends
JAN’s Interactive Process
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The Interactive Process
Why have a process?
 Consistency
 Successful Accommodations
 Good Faith Effort
ADA Basics: Interactive Process
 Recommended
 Shows Good Faith Effort
JAN’s Interactive Process at
http://askjan.org/media/eaps/interactiveprocessEAP.doc
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Five Practical Tips
Providing and Maintaining Effective Job
Accommodations
 Tip 1. Develop Written Policies and Procedures
 Why?
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Awareness
Consistency
Documentation
JAN's Employers' Practical Guide to Reasonable Accommodation
Under the ADA at http://askjan.org/Erguide/index.htm
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Five Practical Tips
Providing and Maintaining Effective Job
Accommodations
 Tip 2. Train All Managers and Supervisors How to
Recognize and Respond to an Accommodation
Request
 Why?
 ADA Compliance
 Effective Use of Policies and Procedures
 How?
Reasonable Accommodation and Undue Hardship (EEOC) at
http://www.eeoc.gov/policy/docs/accommodation.html
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Five Practical Tips
Providing and Maintaining Effective Job
Accommodations
 Tip 3. Have a Process for Determining Effective
Accommodations
 Where to begin?
 Employee
 Employee’s Medical Provider
 Other Resources
JAN’s Medical Inquiry in Response to an Accommodation Request
at http://AskJAN.org/media/Medical.htm
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Five Practical Tips
Providing and Maintaining Effective Job
Accommodations
 Tip 4. Monitor and Update Accommodations
 Remember to:
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Monitor the Effectiveness of the Accommodation
Update Periodically if Needed
Keep the Lines of Communication Open
Document Efforts
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Five Practical Tips
Providing and Maintaining Effective Job
Accommodations
 Tip 5. Train New Employees
 Remember to:
 Train New Managers and Supervisors
 Train New Employees
JAN’s Training Hub at http://askjan.org/training/index.htm
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Job Accommodations
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Contact
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