Transcript Slide 1

Module 3
Reasonable
Accommodation
Module 3 Goals
• To understand the concept of
reasonable accommodation, its
process, and the circumstances
under which it is required
• To learn how to problem-solve
situations where reasonable
accommodation might be necessary
in the workplace
Definition of Disability
An individual with a disability is one who:
 has
 has a record of, or
 is regarded as having
a physical or mental impairment that
substantially limits a major life activity.
Definition of Disability
Continued
An individual with a disability is
one who has a physical or
mental impairment that
substantially limits a major life
activity.
Major Life Activities
These are basic activities that the average person in the general
population can perform with little or no difficulty.
•
•
•
•
•
•
Caring for Oneself
Performing Manual Tasks
Walking
Seeing
Hearing
Speaking
•
•
•
•
•
•
•
Breathing
Concentrating
Learning
Working
Sitting
Standing
Lifting
Answers
to the
Quiz
A
B
C
7
4
8
D
E
F
6
10
5
G
H
I
J
2
11
9
3
K
1
Qualified Individual
with a Disability
A qualified individual with a disability means one
who satisfies the requisite skill, experience,
education, and other job-related requirements of
the position such individual holds or desires, and
who…
With or without
reasonable
accommodation can
perform the essential
functions of such a
position.
What makes a job task
essential?
• If the position exists to perform the
function
• If there are a limited number of
employees among whom the task can be
distributed
• If the function is highly specialized
Evidence of Essential Functions
• Employer's judgment as to which
functions are essential
• Written job descriptions prepared
before advertising or interviewing
applicants
• Amount of time spent performing
the function
Evidence of Essential Functions
Continued
• Consequences of not performing the function
• The terms of a collective bargaining
agreement
• Work experience of past incumbents on the
job
• Current work experience of incumbents in
similar jobs
Accommodations are:
Any changes in the work
setting that enable qualified
workers to accomplish their
tasks.
Scope of Reasonable
Accommodation:
• Modification to the job application
process
• Modification to the work environment or
the manner in which the position held is
customarily performed
• Modification that enables an employee
with a disability to enjoy equal benefits
and privileges of employment
Accommodations are
dependent upon:
• The specific requirements of the job
• The particular need(s) of the employee
or applicant
• The extent to which modifications or
aids are available without causing an
undue hardship on the employing
organization
•
•
•
•
•
Possible Areas of
Functional Limitations
Reading
Writing
Mathematics
Organizational Skills, Memory
and Time Management
Managing the Physical
Environment
Possible Areas of
Functional Limitations
Continued
• Working at Full Productivity
• Maintaining Stamina
• Working Effectively with
Supervisors
• Interacting with Coworkers
Possible Areas of
Functional Limitations
Continued
• Handling Stress and Emotions
• Concentrating on Work Details
• Completing Projects and Meeting
Deadlines
• Maintaining Tasks/Sequences and
Maintaining Daily Information
Categorizing Accommodations
• Physical Modifications
• Managerial Action
• Provision of Services
Examples of Reasonable
Accommodation:
• Making existing facilities used by
employees readily accessible and usable
by individuals with disabilities
• Job restructuring
• Part-time or modified work schedules
Examples of Reasonable
Accommodation:
Continued
• Adjustment or modifications of
examinations, training materials, or policies
• Providing qualified readers or interpreters
• Reassignment to vacant positions
The Job Accommodation
Network is:
An information and consultation service
providing individualized accommodation
solutions via a website and an 800 number.
JAN’s purpose is to make it possible for
employers and others to share information
about job accommodations.
Average Cost of Job
Accommodations
–
–
–
–
–
–
–
20% of all accommodations suggested had no cost
51% cost between $1 and $500
11% cost between $501 and $1,000
3% cost between $1,001 and $1,500
3% cost between $1,501 and $2,000
8% cost between $2,001 and $5,000
4% cost more than $5,000
Source: Job Accommodation
Network Survey1
Determining Reasonable
Accommodation
• Determine the essential functions of the job
• Consult with the employee to determine his or her
abilities and specific needs
• Identify potential accommodations in consultation
with the individual
• If two or more possible accommodations exist,
consider the preference of the individual, and then
select the method that best serves both the
individual and the business
CROSSWORD PUZZLE
1
2
3
4
2
3
4
Across:
1. Mosquitoes do it
2. Dogs do it
3. Horses do it
4. Children do it
Down:
1. Insects that sting
2. Organs of vision
3. Big brothers do it to
little sisters
4. Without effort
CROSSWORD PUZZLE
1
2
3
4
B
I
T
E
B
I
T
E
2
3
B
I
T
E
B
I
T
E
4
Across:
1. Mosquitoes do it
2. Dogs do it
3. Horses do it
4. Children do it
Down:
1. Insects that sting
2. Organs of vision
3. Big brothers do it to
little sisters
4. Without effort
Accommodation Scenario #1
• Juanita is a 32-year-old Postal Worker who
communicates through handwritten notes,
gestures and partial lip reading. She is in line
for a promotion to the position of Time and
Attendance Clerk. In the past, the person
who was the Time and Attendance Clerk
answered the telephone as a back up to the
regular receptionist in addition to other duties.
Juanita's supervisor is concerned about her
ability to do the job and is considering
denying Juanita this promotion because of
his concerns.
Accommodation Scenario #2
• Saundra, who is applying for a position
as a Data Process Entry Clerk,
requires a sign language interpreter for
the interview. The supervisor has
some concerns that the company will
need to hire a full-time interpreter for
the employee to successfully perform
her job duties.
Accommodation Scenario #3
• Laverne works in a formal, corporate office. The
office staff communicates with each other
through the use of an office intercom. Laverne is
hard of hearing and finds the intercom difficult to
use. She continually chooses not to use the
office intercom to talk to her supervisor, as
requested. Instead, she frequently poses
questions to him in a loud boisterous voice that
is an irritating disruption for her co-workers and
supervisor.
Accommodation Scenario #4
• Roberto, who uses a wheelchair,
has just been hired by an
accounting firm. His office is
accessible but the conference room
where all the staff meetings and
trainings are held is not accessible.
Accommodation Scenario #5
• Shirley uses a wheelchair and desires a
job in the field of video and film. Shirley
has several years of experience, but the
only available position is entry-level
labeling and packaging film cartridges.
She feels this position is beneath her
capabilities.
Accommodation Scenario #6
• Brian uses a wheelchair. His
Mail/Messenger job also includes
major photocopying jobs. He is
unable to reach the selection button
mounted on the rear of the
photocopier.
Accommodation Scenario #7
• Jonathan, a Chef, is a paraplegic
and uses a wheelchair needs to
access several different areas in
the restaurant kitchen. His coworkers prefer to continue
standing as they cook.
Accommodation Scenario #8
• Joe has a significant speech and
articulation problem. His speech is
considered unintelligible at times; he
stutters and has many involuntary facial
movements. Joe's supervisor is very
patient and understanding, but shares the
concern of others about the extra amount
of time required of her and co-workers to
understand and direct Joe.
Accommodation Scenario #9
• An employer is interested in hiring Adam as a
Paralegal. As a Paralegal, Adam would be
responsible for conducting background
research on various legal issues. Adam would
also edit his supervising attorney’s cases,
interview potential plaintiffs, and draft legal
briefs. Adam has had experience doing this
type of work in two previous positions. He is
blind and the employer is concerned about
how he could perform these tasks.
Accommodation Scenario #10
• Jeanette is a Radio Broadcast
Announcer. She is blind and needs
to read the Associated Press wire
news which she receives over the
phone lines connected to a printer.
Accommodation Scenario #11
• Maya has multiple sclerosis and is
extremely sensitive to heat. When
she requests that the office
thermostat be adjusted to meet her
needs, her colleagues explain that
they will be very cold. The company
is unable to provide her with a private
office.
Accommodation Scenario #12
• Mohammed has held his position as Manager
of the Communications Department for five
years. His boss notices that he has become
withdrawn in meetings, his work is late and he
appears preoccupied while discussing
business matters. When his supervisor shares
his concerns, Mohammed explains that his
doctor recently diagnosed Mohammed with
depression.
Accommodation Scenario #13
• Mark experiences a stress
disorder and becomes easily
overwhelmed. His company
recently received a large work
order and everyone is working
under deadline to fill the order.
Accommodation Scenario #14
• Susie is applying for a job as a Stock
Clerk. Part of the application process
involves taking a multiple-choice test.
Susie meets all of the qualifications for
this job. However, she has a learning
disability and has difficulty taking
written tests.
Accommodation Scenario #15
• William has a variety of tasks to
perform at the plant nursery where he
works. His duties consist of sweeping
the floors, dusting the shelves,
restocking, watering the plants and
collecting and restocking the carts
from the parking lot. He often forgets
to do some of his tasks.
Accommodation Scenario #16
• Bob has Attention-Deficit / Hyperactivity
Disorder. He is easily distracted on the job
site and has a history of frequently
engaging in loud, inappropriate
conversation. Bob's work area faces a
busy walkway into the office. Due to lack
of office space and other factors, Bob can
not move to another cubicle.
Accommodation Scenario #17
• Tovah has mild mental retardation. She
has the basic skills necessary for the job of
Administrative Assistant, likes the work
and shows potential. When she finishes
one task, however, she tends to stand in
one place and look around, unsure of what
to do next. One of her co-workers has
noticed this and will periodically give her
small assignments to keep her busy.
Accommodation Scenario #18
• Chen's job mandates a higher production
rate than he is currently achieving. He
was hired with the understanding and
intention that his production rate would
increase over a three-month period. After
several weeks, however, Chen is still
performing below the mandated
production rate for the position, and errors
are increasing.
Accommodation Scenario #19
• Jane has a learning disability, but her supervisor
thinks that she has the skills to succeed. Lately,
however, Jane has had problems with dressing
inappropriately and making personal telephone
calls during work. Her supervisor has discussed
these problems with Jane and she made some
improvements in her dress, although she still
wears inappropriate shoes. Jane also continues
making personal calls during work time. The
supervisor admits that they do not have a formal
company policy, but insists that Jane only use the
phone during her breaks. Jane expresses her
confusion, as she sees her co-workers making
and receiving personal calls during work time.
Accommodation Scenario #20
• Given a specific mailing job duty
that occurred only once a week,
Rayford has difficulty remembering
all the steps involved with the
process. His supervisor is tired of
having to repeat the directions
each week.
Accommodation Scenario #21
• A Job Coach had been on the job site with
Connie for two weeks, giving constant support to
the supervisor and to Connie. The entire office
was supportive of Connie and responded well to
the Job Coach. It is now time for the Job Coach
to reduce her time from the job site and let the
supervisor assume more of a support role for
Connie. The Job Coach senses panic from the
supervisor and receives several calls each day
with complaints like "Connie just walked into our
boss's office and sat down at his desk."
Accommodation Scenario #22
• Sally, who has a developmental disability,
works at a warehouse. For two weeks,
Sally’s Manager trained her and directed her
when to take a lunch break. At the end of
the second week, the Manager was
transferred. On that same day, her new
manager did not direct her to take a break
and so she worked six hours without a lunch
break. Sally is very concerned that she may
never be given an opportunity to take lunch
breaks.
Accommodation Scenario #23
• Rebecca, who has a spinal cord
injury, loves her job, her co-workers
and her supervisor. Recently,
however, she has had difficulty
making it to work on time and has
been missing days due to problems
with childcare.
Undue Hardship
Significant Difficulty or
Expense
Examples of Accommodations
that are NOT REASONABLE
• Placing an applicant with a disability in a job for
which he/she did not specifically apply
• Placing an individual with a disability into a job if
doing so would create a direct threat to the health
or safety of the individual or others
• Maintaining the salary of an employee reassigned
from a higher-paying job to a lower-paying job, if
the employer does not do so for other employees
Examples of Accommodations
that are NOT REASONABLE
Continued
• Eliminating essential functions of the job
• Lowering production standards
• Providing personal use items (e.g. prosthetic limb,
eyeglasses, hearing aids, wheelchair, hot pot or
refrigerator)
• Creating a job
• Promoting an employee
• Bumping another employee from his/her job