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An accommodation in the workplace is a reasonable adjustment to a
job or work environment that makes it possible for an individual with a
disability to perform job duties. Put another way, an accommodation is an
investment an employer makes in his or her business in order to make the
business more efficient or profitable. For example, when word processing
systems were proven to be much more efficient than typewriters, businesses
invested in personal computers for their employees. Similarly, employers send
employees to staff training classes and seminars to upgrade their skills.
Decisions about making worksite accommodations for people with disabilities
should be made in the same light as decisions about staff training or buying
new office equipment. Successful accommodations are beneficial both to the
employee and the employer.
Some Issues to
Consider
When an employee with a disability requests an accommodation, the
employer and employee should discuss the job duties, how the accommodation will
assist the individual in performing his or her job, and possible alternative
solutions. Among the issues to be considered are:
- What are the functional limitations of the individual seeking
the accommodation?
- What specific job tasks are affected by the individual's
functional limitations?
- What types of equipment are used/needed to perform the
job?
- Are there work place policies or procedures that affect the
individual's ability to perform the job?
- Are all the necessary areas of the work environment accessible
for this individual?
Where to Find
Assistance
One resource available to both the employer and the employee in
the accommodation decision-making process is the Office of Disability
Employment Policy's
Job
Accommodation Network (JAN), accessed via a toll-free telephone call
(800-ADA-WORK). JAN consultants will ask questions about the specific situation
and will recommend adjustments in the worksite, administrative actions or
product options that might be effective. Conversations with JAN consultants are
confidential.
Fear or lack of information, both on the part of the employer and
the employee, may be the greatest impediments. Both employers and employees
should feel free to ask questions about the accommodation itself, as well as
issues related to the accommodation.
Questions Employers Might
Ask
- How do I determine a reasonable accommodation for this
particular situation?
- Where can my company obtain these products and is it possible
to purchase equipment on a trial basis, or is there a facility near the place
of business where the equipment may be tested?
- What if the accommodation doesn't work?
- Where can I find local resources for services like worksite
evaluations?
- Who pays for the accommodation?
How a Satisfactory Solution is
Reached
Since the implementation of the ADA, inquiries to JAN about
accommodations have become increasingly complex. Following are examples of both
complex and simple accommodations made by employers who have consulted JAN.
Case Study
Situation: A nurse was diagnosed with an allergy to latex. All gloves
used in the medical facility are made of latex.
Solution: Although the medical
facility had already determined that it wanted to be proactive in preventing
latex sensitivity among its staff and patients, recognition of the LPN's latex
sensitivity prompted immediate attention to the initiative. The employee was
given time off with pay until her unit could be cleaned to prevent exposure to
latex powder. The employee also met with a latex allergy prevention team to
discuss accommodations. The medical/surgical unit was made a powder-free glove
unit. The employee was provided latex-free sterile gloves and vinyl gloves for
non-sterile situations, as well as a latex-free stethoscope and tourniquets. To
fully address the issue, the medical facility provided mandatory latex allergy
education for all staff, implemented allergy assessment screening for all
patients and new employees, as well as for employees exhibiting symptoms of
latex sensitivity, and replaced other latex products, such as rubber bands and
mouse pads, throughout the facility. This single request for an accommodation
accelerated a broad initiative that took two years to fully implement, but
benefitted all the staff and patients. Cost: $1,500-$1,800.
Other Accommodation Examples
Situation: A sewing machine operator experienced grand mal
seizures and requested accommodation based on safety issues.
Solution: The sewing machine
was relocated so that, if the individual had a seizure, she would not fall onto
the machine or other potentially harmful objects. In addition, a local epilepsy
affiliate provided education to the staff on seizures and first aid. Cost:
$0.
Situation: An individual who lacked range of motion in
his wrist worked in a laboratory. One of his job tasks required that he
manipulate a small box of "wafers" by rotating the box a one-quarter turn into
a machine. The lack of wrist movement prevented him from performing this
task.
Solution: By placing a slant
board on the table in front of the machine, the individual could place the
wafer tray on the slant board at an angle and bump it in place effectively with
his body. Cost: $40.
Situation: An employer was considering hiring an
applicant with a hearing impairment for a material handling position. The
employer had some safety concerns as well as communication concerns during the
interview and training processes. JAN suggested a variety of options, including
set paths of travel, vehicle requirement to stop at intersections, strobe
lights, a bright colored vest or hat for the employee (provided this was
acceptable to the employee), use of a personal vibrating pager, and a buddy
system.
Solution: The employer
provided an interpreter for the interview process and parts of the training
sessions, but discovered that the individual's hearing aids provided enough
assistance for him to work safely. The employer also established set paths of
travel, mirrors, traffic rules and strobe lights which improved the safety of
all workers on the floor. Cost: $350 for the interpreter.
Cost Considerations
As businesses become more knowledgeable about the requirements of
the Americans with Disabilities Act, many are able to make simple adjustments
to the worksite with little or no advice from others. Recent JAN data show that
20% of accommodations cost nothing, and another 60% cost less than $1,000.
A requested accommodation that might appear too costly does not
have to be accepted by the employer. The employer is free to explore other less
expensive alternatives if they work just as well. It is also important to
remember that accommodations or adjustments must be made on a case-by-case
basis.
Follow-up Actions
Once the accommodation has been made, it must be maintained. For
example, if the accommodation is providing an interpreter for general meetings
or other types of work situations, make sure that an interpreter is scheduled
as soon as the meeting is scheduled. If the accommodation involves the purchase
of equipment, make sure the equipment is working properly and that it is
serviced regularly. The maintenance may include staff sensitivity and
attitudinal training, especially if the accommodation is made for a new hire
who is the first person with a disability on staff. If the individual is
promoted, transferred to another part of the company or the disability changes,
accommodation needs may change, and should be re-assessed.
Resources
Office of Disability Employment Policy's Job Accommodation
Network Phone: (800) 526-7234 (V/TTY) Website:
http://www.jan.wvu.edu/
Equal Employment Opportunity Commission (EEOC) Phone:
Technical Assistance: (800)669-4000 (V) or (800) 669-6820 (TTY) Website:
http://www.eeoc.gov
Regional Disability and Business Technical Assistance Centers (
DBTACs) To contact DBTAC in your area: (800) 949-4232 (V/TTY) Website:
http://www.adata.org
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