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JAN’s Interactive Process

Disability at Work: Creating a Workplace Culture of ACCESS February 16-17, 2012 Brought to you by the following Mission Partners and Sponsors:. JAN’s Interactive Process. Presented by: Louis Orslene , Co-Director Job Accommodation Network

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JAN’s Interactive Process

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  1. Disability at Work: Creating a Workplace Culture of ACCESSFebruary 16-17, 2012Brought to you by the following Mission Partners and Sponsors:

  2. JAN’s Interactive Process Presented by: Louis Orslene, Co-Director Job Accommodation Network Julie Ballinger, Disability Rights & Issues Consultant Southwest ADA Center Regional Affiliate StarReachEnterprises

  3. Why have a process? Consistency Successful Accommodations Good Faith Effort

  4. ADA Basics ADA Requires Reasonable Accommodation Interactive Process Recommended Amendments Act Broadened Coverage Everything Else Stayed Same

  5. Why do people disclose? To ask for job accommodations To receive benefits or privileges of employment To explain an unusual circumstance

  6. How do people disclose? Probably will use "plain English" Probably will not mention the ADA Probably will not use the phrase “reasonable accommodation” Will though express a need for an adjustment or change at work is needed for a reason related to a medical condition

  7. JAN’s Interactive Process

  8. The Interactive Process Step 1: Recognizing an Accommodation Request

  9. Job Accommodations That Work Step 1: Recognizing an Accommodation Request TIPS • Err on the side of caution • Act quickly • Assign responsibility • Conduct training

  10. Job Accommodations That Work 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?

  11. Job Accommodations That Work Is this an accommodation request? Yes. • More leave (an accommodation) is needed • Because of a medical condition

  12. The Interactive Process Step 2: Gathering Information

  13. Job Accommodations That Work Step 2: Gathering Information TIPS • Find out the limitation and problem • Get information from the employee when possible • Remember ADA rules for medical inquiries

  14. Job Accommodations That Work 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?

  15. Job Accommodations That Work Do we have all the information we need? No.  • Do not know limitations • Do not know problem

  16. The Interactive Process Step 3: Exploring Accommodation Options

  17. Job Accommodations That Work Step 3: Exploring Accommodation Options TIPS • Keep an open mind • Invite the employee to suggest accommodations • Ask the employee’s medical provider for ideas • Use JAN when needed

  18. Job Accommodations That Work A call center employee with heart/circulatory problems needs to take breaks to move around. Allowing more breaks will interfere with the employer’s call routing system. How can we figure out what else might work?

  19. Job Accommodations That Work How can we figure out what else might work? Call JAN! • Under desk pedal device • Meets employees needs without leaving her desk

  20. The Interactive Process Step 4: Choosing an Accommodation

  21. Job Accommodations That Work Step 4: Choosing an Accommodation TIPS • Consider the employee’s preference • Consider a trial period

  22. Job Accommodations That Work 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?

  23. Job Accommodations That Work 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

  24. The Interactive Process Step 5: Implementing the Accommodation

  25. Job Accommodations That Work Step 5: Implementing the Accommodation TIPS • Make sure all necessary steps are taken to implement the accommodation • Communicate with essential personnel about the accommodation

  26. Job Accommodations That Work 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?

  27. Job Accommodations That Work Is that it? No. • May need to be assembled • Employee may need instruction in use • Route of travel may need to be established

  28. The Interactive Process Step 6: Monitoring the Accommodation

  29. Job Accommodations That Work Step 6: Monitoring the Accommodation TIPS • Check on effectiveness • Maintain the accommodation • Encourage ongoing communication

  30. Job Accommodations That Work 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 employee’s screen reading software would not work with the new database. How could the employer have avoided this problem?

  31. Job Accommodations That Work 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

  32. Job Accommodations That Work 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

  33. Contact • (800)526-7234 (V) & (877)781-9403 (TTY) • AskJAN.org & jan@AskJAN.org

  34. JAN Louis Orslene, Co-Director PO Box 6080, Morgantown, WV 26506 800-526-7234 (Voice) 877-781-9403 (TTY) orslene@jan.wvu.edu NMBLN  Leah Rhule, Director 505-379-6533 (Voice and Text) leahrhule@newmexicobln.com Tessah Latson Garcia, Director 505-379-0572 (Voice and Text) tessah@newmexicobln.com NMBLN c/o Albuquerque Hispano Chamber of Commerce 1309 4th Street SW Albuquerque, NM 87102 StarReach Enterprises Julie Ballinger, Disability Rights and Issues Consultant 5901-J Wyoming Blvd. NE, PMB 175 Albuquerque, New Mexico 87109 505-797-8612 (Voice) Use Relay (TTY) Julieb4@flash.net DBTAC Southwest ADA Center 2323 S. Shepherd, #1000 Houston, TX 77019 www.southwestADA.org1-800-949-4ADA

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