best practices for accommodating employees with disabilities joyce walker-jones equal employment...

Best Practices for Accommodating Employees with

Disabilities

Joyce Walker-Jones

Equal Employment Opportunity Commission

Office of Legal Counsel

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CANCER

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DIABETES

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HYPERTENSION

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SEVERE ARTHRITIS

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MENTAL ILLNESS

Tip #1

Recognize that the person needing a reasonable accommodation could

be you or someone you know

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What Accommodations May Be Needed?

Job restructuring Leave Modified or Part-time Schedule Telework Modified Workplace Policies Reassignment

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Tip #2

Recognize requests for

reasonable accommodation

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How Does A Person Ask for Reasonable Accommodation?

Individual may use “plain English” and need not mention the ADA or use the phrase “reasonable accommodation,” but

Person must indicate that a change or adjustment is needed for a reason related to a medical condition

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Hypothetical A: Notice

An administrative assistant tells her supervisor that, due to her medical condition, she needs to be able to work from home one day per week for medical treatment.

Is this a request for a reasonable accommodation?

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Tip #3

Engage in the interactive process – i.e., talk to the person

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Hypothetical B: Interactive Process

Same facts as in Hypothetical A.

How should employer start the interactive process?

What questions should the supervisor ask?

What type of documentation, if any, can employer seek?

What if employee does not want to reveal the nature of her “medical condition”?

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Hypothetical C: Leave

An attorney takes 10 weeks of FMLA leave to treat depression. Instead of returning to work after leave ends, she sends a note from her doctor indicating that she needs another six weeks of leave.

Does employer have to grant the additional leave?

What questions should employer ask?

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Hypothetical D: Modified Schedule

An EEO counselor asks to change her hours from 7:00 a.m. - 3:00 p.m. to 10:00 a.m. - 6:00 p.m. because the medication she takes for her bipolar disorder makes her drowsy in the mornings. Employees in the EEO office usually work from 7:00 a.m. to 6:00 p.m.

Is the employee’s request “reasonable”? Why or why not?

Would changing employee’s schedule pose an undue hardship?

What other information would employer need to know?

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Hypothetical E: Reassignment

A probationary secretary has been working for two weeks but is unable to type because of a flare-up of arthritis in her wrists. She asks to be reassigned to a vacant receptionist position that does not require typing.

Does the employer have to grant her request for reassignment?

What else does employer need to know?

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Common Mistakes Made by Employers

Only engaging in reasonable accommodation process if employee formally initiates it

Having frontline supervisors obtain medical information

Focusing on disability and not essential job functions

Failing to use job descriptions when focusing on essential functions

Dismissing an employee’s requested accommodation without exploring alternatives

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Tip #4

Uniformly apply performance and conduct standards

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Hypothetical F: Performance and Conduct

Employee’s performance is steadily declining and she has become increasingly withdrawn. Instead of being enthusiastic and positive, she has been coming to work late, generally is negative once she arrives, and has been making errors and missing deadlines.

Should the supervisor raise its concerns about employee’s attitude when talking to her about her performance?

Should the supervisor ask employee whether she is depressed?

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Tip #5

Decide whether to go beyond

legal obligations

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Hypothetical G: Going Beyond Legal Obligations

Secretary comes to work on crutches and explains that she slipped coming down the stairs and badly twisted her ankle. She asks whether she can have a printer temporarily installed in her work space until it heals.

Should supervisor ask for documentation from her doctor about the severity of her injury?

Could supervisor consider whether temporarily moving a printer would be an undue hardship?

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Tip #7

Maintain confidentiality

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Confidentiality

Information about an employee’s reasonable accommodation must be kept confidential

Exception: Information may be disclosed to supervisors and managers for necessary work restrictions or reasonable accommodations

Exception: Information may be disclosed to individuals involved in making decisions about reasonable accommodations

Exceptions: When necessary for emergency treatment; to officials investigating compliance with ADA; for workers’ compensation and insurance purposes

Tip #8

Document and follow up

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Remember to . . . Note dates:

When request was made When interactive process began What was requested of employee When documentation was received

Document any follow up (e.g., subsequent requests for documentation, update on employee’s expected return to work)

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Tip #9

Take advantage of resources

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Resources

U.S. Department of Labor (for information on Family and Medical Leave Act)

www.dol.gov/esa/whd/fmla

Job Accommodation Network (JAN)

https://askjan.org

ADA National Network (10 centers located throughout U.S. that provide local assistance)

www.adata.org

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Resources (cont.)

Registry of Interpreters for the Deaf (RID)

www.rid.org

Disability*gov (federal government website for comprehensive information on disability programs and services nationwide)

www.disability.gov

U.S. Equal Employment Opportunity Commission

www.eeoc.gov

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Contact Information

Joyce Walker-Jones

Senior Attorney Advisor

Joyce.Walker-Jones@eeoc.gov

(202) 663-7031

Tip #10

Remember that on any day, for a host of reasons, anyone …

including me and you … could need a

reasonable accommodation

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