reasonable accommodationsdisability – no need to have limits in multiple life activities . 5 ......

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Reasonable Accommodations

Joe Wendover

Field Inclusion Manager

Walgreens Boots Alliance

Sharon Denson, M.Ed., J.D.

Executive Director

Connecticut Business Leadership Network

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Federal Law Regarding Reasonable Accommodation

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• Ensure that people with disabilities enjoy employment opportunities

equal to those of employees without disabilities.

• Provide people with disabilities with reasonable accommodations to permit them to be successful in performing the essential functions of their jobs.

• The ADA defines Reasonable Accommodation as a change or modification to the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.

• Both Acts established a definition of disability. • ADA applies to businesses with 15 or more employees

The Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990 seek to:

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Defining Disability

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An individual with a "disability" who is covered by the ADA has a physical or mental impairment that:

• Substantially limits one or more of the major life activities (including major bodily functions) for example, walking, thinking, seeing, speaking or hearing

• Has a record of having such an impairment

• Is regarded as having such an impairment that is not both transitory and minor

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Americans with Disabilities Act Amendments Act of 2008 (ADAAA)


ADAAA restores the original intent of Congress definition of disability, as reflected in the Rehabilitation Act (Rehab Act) of 1973. After the enactment of the ADA the courts focused on the definition of disability instead of the intended protections under the Act.

As a result, the ADAA broadens the coverage that existed under the Americans with Disabilities Act (ADA) and the Rehab Act.

Broadens the meaning of an actual disability:

– Broadens the definition of “substantial limitation”

– Expands the definition of “major life activity”

– Eliminates mitigating measures except for regular glasses and contact lenses

– Clarifies that an impairment that is episodic or in remission may qualify as a disability if it substantially limits a major life activity when active such as Cancer or MS

– An impairment that limits only one major life activity is now enough to qualify as a disability – no need to have limits in multiple life activities

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Examples of Major Life Activities


Walking

Working

Thinking

Eating

Seeing

Hearing

Speaking

Breathing

Sleeping

Caring for oneself

Learning

Communicating

Reading

Bending

Standing

Working

Concentrating

Performing manual tasks

Lifting

Interacting with others

The ADAAA clarified that “Major Life Activities” refers to those activities that are of

central importance to daily life. These include, but are not limited to:

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Some Examples of Disabilities

• Hypertension (high blood pressure)

• Intellectual Disability (formally known as

mental retardation)

• Learning Disabilities (ADHD, Dyslexia,

reading comprehension)

• Missing Limbs (partially or completely)

• Mobility Impairments (use of

wheelchair)

• Muscular Dystrophy

• Multiple Sclerosis

• Obesity

• Obsessive Compulsive Disorder (OCD)

• Post Traumatic Stress Disorder (PTSD)

• Psychiatric Disorders

• Schizophrenia

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• Alcoholism

• Anxiety Disorders

• Asthma

• Autism Spectrum Disorder

• Bipolar Disorder

• Blindness

• Brain Injury (TBI/ABI)

• Cancer

• Cerebral Palsy

• Deafness

• Diabetes

• Depression

• Epilepsy

• HIV

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Who is Protected Under the ADA?

A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation can perform the essential functions of the job in question.


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Cost Considerations for Reasonable Accommodations

As we review a variety of accommodations, you will notice that they are generally are reasonably priced. There are, however, three tax credits which can assist in paying for accommodations. Consult with your tax professional regarding your business’ eligibility:

1.Small Business Tax Credit (IRS Code Section 44: Disabled Access Credit)

2.Work Opportunity Tax Credit (IRS Code Section 51)

3.Architectural/Transportation Tax Deduction (IRS Code Section190 Barrier Removal)


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Process for Offering Accommodations

Joe Wendover, Field Inclusion Manager for Walgreens

• Expert in employee accommodations

• Works with employees and their accommodations as part of his job

• Creativity, humor and great stories about bringing out the best in people


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Request for an Accommodation


• When an individual requests a modification or adjustment in the work environment because of a medical condition or disability, he or she is requesting a reasonable accommodation.

• The initial request for accommodation can be verbal or written. A verbal request immediately starts the process.

• For record keeping purposes, it is prudent to request that the employee put their request in writing, although the failure to provide written confirmation should not stop the manager/supervisor from beginning the process.

• The manager/supervisor receiving a request for reasonable accommodation should immediately respond to that request, whether it is written or verbal. They should immediately work on the request and expedite a decision.

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Interactive Process


Once a request is presented, the manager/supervisor should immediately initiate an interactive dialogue with the requestor, during which they can discuss:

• whether the employee has a physical or mental impairment;

• the limitations associated with the medical impairment at issue;

• the frequency and duration of any limitations associated with the medical impairment at issue;

• what accommodation(s) is(are) being requested;

• how the accommodation(s) requested will assist in performing the essential functions of the job;

• all of the alternatives that exist to assist the employee in performing the essential functions of their job; and

• who the “decision maker” will be and when to expect a decision by.

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The ATP TEST


Always remember to:

A.T.P.

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The Accommodation


• Many accommodations can be provided at little or no cost to the employer and there are services that can assist in obtaining cost effective equipment.

• The specific accommodation being requested does not have to be granted, but an alternative should be offered which achieves goal of enabling the employee to perform the essential functions of their job.

• During this entire process, the manager/supervisor should communicate with the employee at each stage and be open to alternative proposals and suggestions as they arise.

• Remember, because an accommodation worked for ONE employee, doesn’t mean it will work for another.

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Test Your Knowledge


•An employee tells her supervisor, "I'm having trouble getting to work at my scheduled starting time because of medical treatments I'm undergoing.“ Is this a request for a reasonable accommodation?

Yes, this is a request for a reasonable accommodation. Although the employee has not explained why the medical treatments are required, her statement implicitly links her difficulty in getting to work at her scheduled starting time to a medical condition.

•An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. Is this a request for a reasonable accommodation?

No. Although this is a request for a change at work, his statement is insufficient to put the supervisor on notice that he is requesting reasonable accommodation. To make this a request for an accommodation, he needs to link his request for the new chair with a medical condition.

•An employee who is blind requests adaptive equipment for her computer as a reasonable accommodation. The supervisor must order this equipment and is informed that it will take three months to receive delivery. No other company sells the adaptive equipment the employee needs. The supervisor notifies the employee of the results of its investigation and that the equipment has been ordered. Did the supervisor respond to the employee's request for reasonable accommodation in a timely manner?

Yes. Although it will take three months to receive the equipment, the supervisor has moved as quickly as s/he can to obtain it and thus there is no ADA violation resulting from the delay. The supervisor and employee should determine what could be done so that the employee can perform his/her job as effectively as possible while waiting for the equipment.

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W.W.J.D.?


What Would Joe Do?

Combo Lock Paint by Number

An employee requested an accommodation to get into his locker and put his

coat and lunch bag away, but he didn’t know what the accommodation was he

needed . The lockers we currently use, all have a combination lock and a key.

He came to me with a doctor’s note stating he has dyslexia and could not use

the combination lock. However, he also didn’t want to use a key to open the

locker because he didn’t want to look any different than his peers.

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W.W.J.D.?


Wheel Chair Wagon

A trainee in our Transitional Work Group (TWG) was placed in our receiving

department. The trainee was a wheelchair user and worked very hard everyday

to be productive. He had perfect attendance. Unfortunately, one major function of

his job was to transport tubs from one area of the docks, to the other. While his

peers all transported 5-6 tubs at a time, he could only transport 2 because he

couldn’t see over the tubs on his lap. When we sat down and went through the

interactive process, I asked him what we could do to help him be successful.

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W.W.J.D.?


Emergency Road Side Kit

A long term employee who disclosed he was on the autism spectrum was

showing up to work every day late. When we sat down together, we learned that

he was leaving the house on time, but during his drive he would have severe

panic attacks and either pull off the side of the road until they passed, or turn

around and drive home. This was really affecting his attendance. He asked for a

reasonable accommodation to modify his work schedule and/or show up late

daily. Through the interactive process, we came up with a better plan.


USE YOUR RESOURCES

1. Call Work- 860-607-5300

2. Call Home

3. Call a friend

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In Conclusion


• Review the process with all employees

• ATP

• Be creative

reasonable accommodationsdisability – no need to have limits in multiple life activities . 5 ......

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