Accommodation Ideas for Employees with HIV/AIDS

Tracie D. Saab, M.S., JAN Lead Consultant with Linda Carter Batiste, J.D., JAN Principal Consultant

A free service of the Office of Disability Employment Policy, U.S. Department of Labor

Job Accommodation Network

1. HIV and Infectious Disease Basic Facts1. HIV and Infectious Disease Basic Facts

Presentation Overview

2. Accommodation Ideas & Positive Practices 2. Accommodation Ideas & Positive Practices

3. Applying the ADA Amendments Act (ADAAA)3. Applying the ADA Amendments Act (ADAAA)

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Positive Practice

Infectious Disease

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Causes Bacteria, viruses, fungi or

parasites passed by humans, animals, insects or food

Transmission Direct transfer of bacteria,

viruses or germs (e.g., cough, sneeze, insect bite, food, or birth)

Exchange of blood or body fluids from sexual contact, needle or transfusion

Indirect contact with germs on inanimate objects (e.g., door knobs or faucets)

mayoclinic.com, 2009

The Basic FactsOh no, not infectious diseases!

Infectious Disease

Human Immunodeficiency Virus (HIV)

Acquired Immunodeficiency Syndrome (AIDS)

Hepatitis A, B & C

Influenza and H1N1 – “Swine Flu”

Methicillin-resistant Staphylococcus Aureus (MRSA)

Tuberculosis (TB)

Lyme Disease

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cdc.gov, 2009

To Name a Few

Human Immunodeficiency Virus

56,000 people annually (CDC)

A virus that slowly weakens the body’s immune system, resulting in a variety of symptoms and limitations

Finds and destroys white blood cells (T cells or CD4 cells) that the immune system must have to fight disease

The virus that causes AIDS

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HIV

cdc.gov, 2009

Say Hello to Your Neighbor

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Did you know…

Misconceptions Continue

One-third (34%) of Americans incorrectly believe or are unsure whether HIV can be transmitted by:

sharing a drinking glass (27%)

touching a toilet seat (17%)

swimming in a pool with an HIV positive person (14%)

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Did you know…

kff.org, 2009

HIV

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HIV is NOT transmitted through…

Food

Air (e.g., coughing or sneezing)

Everyday contact (e.g., sharing eating utensils, bathrooms, drinking fountains, hugging or casual kissing)

Giving blood

Insect bites

thebody.com, 2009

HIV

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HIV IS transmitted through…

Unprotected sexual intercourse with someone who has HIV

Unprotected oral sex with someone who has HIV

Sharing needles or syringes with someone who has HIV

Infection during pregnancy, childbirth, or breast-feeding

cdc.gov, 2009

HIV

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Working with HIV

What symptoms or limitations is the individual with HIV experiencing?

How are these symptoms or limitations affecting job performance?

What accommodations are available to reduce or eliminate these problematic job tasks?

What are the workplace hazards and what measures can be taken to correct them?

HIV

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Symptoms & Limitations

Flu-like Symptoms

Skin Rashes

Weight Loss

Fatigue

Chronic Diarrhea

Pneumonia

Vision Impairment

Neurological Impairment

Cognitive Impairment

Depression

AIDS-Defining Cancers

Side Effects of Treatment

Good health contributes to successful business performance

Balance work expectations and medical needs

Reduce absenteeism and increase productivity

Implement individualized accommodations

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Why Accommodate?

Work/Life Balance

HIV & Accommodations

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Modified or Flexible Scheduling

Adjusting arrival or departure times

Providing frequent or alternatively scheduled breaks with the opportunity to make-up the time or use unpaid leave

Altering when certain functions are performed

Exempting the worker from a rotating shift or overtime

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Flexible Leave & Modified Policies

To attend medical appointments or counseling, or to manage complications associated with HIV disease or treatment

Allowing use of accrued paid leave

Allowing intermittent leave as needed or providing extended unpaid leave

Allowing an employee to eat or drink at his or her workstation to counter medication side-effects

Modifying a “no-fault” leave policy

HIV & Accommodations

AT is any equipment or device that will enable performance of essential job functions

www.jan.wvu.edu/soar

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Assistive Technology

HIV & Accommodations

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KNFB Reading Tech. $1,995+/-

Print Access AT

Handheld Magnifier $7.95

Quick Look $695

Vision Aids

Not an endorsement of products.

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Computer Access AT

ZoomText Screen Magnification $395

Vision Aids

Not an endorsement of products.

Ergonomic equipment to counter-act the effects of weight loss and fatigue ergonomic chair or

workstation, anti-fatigue matting, or sit-lean stool

Memory and organizational aids desk calendars and

electronic organizers

Safety equipment cut-resistant work gloves to

prevent injury, or an air filtration system to avoid exposure to airborne bacteria, viruses and other contaminants

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Assistive Technology

HIV & Accommodations

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Telework & Alternative Workspace

Working from home full-time, several days a week, or as-needed

Providing a workstation or office close to a restroom and/or break room

Providing a workstation or office with access to a refrigerator to store food and/or medication

HIV & Accommodations

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Cognitive & Emotional Limitations

Provide significant levels of structure

Provide written job assignments

Allow a self-paced workload

Minimize distractions

HIV & Accommodations

Reduce stress

Allow phone calls to emotional supports

Approve time off for counseling or therapy

HIV & Safety On the Job

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Education & Precautions

Many “at risk” occupations and bloodborne pathogens

Valuable for everyone to be aware of risks and ways to prevent exposure

Assume that all blood and body fluids are infectious -"universal" precautions

Appropriate barrier precautions – personal protective equipment – to prevent exposure during contact with blood or body fluids

Eliminate the need to use sharp objects

Dispose of waste

Significant risk of harm to self or others Cannot be speculative Based on factual evidence Must be an ongoing, current risk

Reduce risk through accommodation

Individualized assessment based on objective evidence

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Direct Threat & the ADAAA

HIV & Safety On the Job

HIV & Accommodations

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Positive Practices

Develop and implement workplace policies and programs on HIV/AIDS

Educate your workforce about HIV

Respond with “universal" precautions

Keep all medical information – including HIV status – confidential

Understand direct threat under the Americans with Disabilities Act Amendments Act (ADAAA)

January 1, 2009

Broadened the definition of disability

Substantially limited standard reduced

Ignore effects of mitigating measures

Consider limitations in active state for person with episodic condition

Bodily functions are major life activities

“Regarded as” interpreted more broadly

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Key Considerations

*JAN’s Accommodation and Compliance Series: The ADA Amendments Act of 2008

ADA Amendments Act

Responding to a Request for Accommodation Engage in an informal

process

Reasonable accommodation policy

Free resources

Employer's Practical Guide to Reasonable Accommodation Under the ADA

Sample accommodation request and medical inquiry forms

Accommodation A-Z HIV

Responding to a Request

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Resources

All resources found at www.jan.wvu.edu

Limitations on disability-related questions and medical examinations during all stages: Pre-employment Post-offer Employment

Non-biased consideration of non-medical qualifications

Restrictions

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Medical Inquiries

Employer restricted

Must be job-related and consistent with business necessity

May request when: Performance of job

functions may be impaired by a medical condition; or

Employee may pose a direct threat; or

After accommodation request, when the disability or need for accommodation is not known or obvious

Medical Inquiries of Employees

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Medical Inquiries

Should substantiate: Existence of an ADA

disability

Need for reasonable accommodation

Documentation should include: Nature, severity, and

duration of the employee's impairment;

Activity or activities the impairment limits; and

Extent to which the impairment limits the employee's ability to perform the activity or activities

Medical Documentation

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Medical Inquiries

Accommodate When You Can

Assume Coverage If You Don’t Know

Communicate With Employees

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Practical Tips for ADA Coverage

Medical Inquiries

JAN at www.jan.wvu.edu

Centers for Disease Control and Prevention (CDC) at www.cdc.gov

Centers for Disease Control (CDC) and Prevention, Business Responds to AIDS/Labor Responds to AIDS (BRTA/LRTA) at www.brta-lrta.org

The Body at www.thebody.com

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Resources

HIV & Infectious Disease

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“At work, it’s what people can do that matters.”

Learn more by visiting:

www.whatcanyoudocampaign.org

(800) 526-7234 (V)

(877) 781-9403 (TTY)

www.jan.wvu.edu

jan@jan.wvu.edu

Please call, e-mail or visit JAN on the Web!

How to Contact JAN

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JAN improves the workplace one successful accommodation at a time.

JAN improves the workplace one successful accommodation at a time.