Module #2

The ADA and Reasonable Accommodations

 

PLANNING FOR REASONABLE JOB ACCOMMODATIONS

In Module 1 we discussed the importance of person-environment fit. We suggested that people function best and are most successful when their work, play, and social environments fit their abilities and interests. We distinguished between the person's impairment and their disability and suggested that accommodating the person's impairment through various modifications enables the person to fully participate in his or her environment. This same principle of person-environment fit applies to the workplace. Most of us select jobs and careers on the basis of interests, skills, and talents. By applying for a particular position in a specific company or business, we seek to maximize the fit between our interests, abilities and preferences. Accommodating a person's disability is helping that person develop a needed person-environment fit.

In thinking about reasonable accommodations for people with a disability, it is helpful to think of these accommodations in three categories:

1) Modifications or adjustments to a job application process to permit an individual with a disability to be considered for a job (such as providing application forms in an alternative format like large print or Braille);

2) Modifications or adjustments necessary to enable qualified individuals with a disability to perform the essential functions of the job (such as providing adaptive computer equipment); and

3) Modifications or adjustments that enable employees with disabilities to enjoy equal benefits and privileges of equal employment (such as creating an accessible cafeteria).

In the following section we will identify some basic guidelines for creating reasonable accommodations in each of the above 3 categories:

1) Accommodation in the job application process – Key Questions: There are a couple of questions you must answer here.

• Has the individual requested an accommodation?
• Have you determined a mechanism for providing the accommodation in collaboration with the individual?

Remember, reasonable accommodation means a modification for an individual because the typical process or product creates an undue barrier.  Employers are not required to provide out of the ordinary accommodations, such as transportation to the interview, if they do not ordinarily provide that for all applicants. 

SCENARIO PRACTICE: Let's practice by responding to the following scenario.

Sharon is applying for a job as an Inventory Control Specialist.  When she received a call from the company to schedule an interview, she informed the employer that she uses a motorized scooter. The company has their meeting rooms and interviewing offices on the third floor which requires going up a short flight of stairs. The company also has some accessible ground floor offices.

Answer some questions about this scenario:

Question #1

 

Did Sharon request an accommodation? a. yes b. no

Question #2

 

How should the employer respond to this request? a. Inform Sharon that they can not interview her because the offices are not accessible b. Arrange to hold the interview on the accessible ground floor c. Suggest to Sharon that they have accessible meeting rooms on the ground floor and ask if this would meet her needs

 

2) Accommodations to support a new employee or an existing employee to perform their jobs – Key Questions:  Here are some questions you should explore in this regard.

• Has the individual requested an accommodation?
• Have you identified the essential functions of the job that the individual is unable to complete without a reasonable accommodation?
• Have you determined a mechanism for providing the accommodation in collaboration with the individual?

SCENARIO PRACTICE: Let's look at a couple of scenarios related to accommodations that assist an employee to perform their job.

First Scenario: Jack loves being outside and has just secured a position with a small lawn care company, work he has done before.   Two years ago Jack acquired a head injury which significantly impacted his short term memory and organizational skills. The essential functions of his new job include developing the daily schedule, traveling to customer homes, and performing requested lawn services. He is very skilled at performing lawn care tasks, but sometimes forgets details which relate to particular customers and sometimes is not sure how to get started. This is a small landscape company so Jack does not always have a partner.

Answer some questions about this scenario:

Question #1

 

Did Jack request an accommodation? a. yes b. no

Question #2

 

Lets assume Jack disclosed his disability and requested an accommodation to help with developing the daily schedule, is this an essential function of the job? a. yes b. no

Question #3

 

Given that it is an essential function of the job, how should the employer respond to this request for an accommodation? a. Ask Jack if knows of an accommodation that will assist him to develop the daily schedule b. Brainstorm a number of options with Jack and select the one that seems to be the best match for Jack and the employer c. Jack suggested the use of a tape recorder so he could record and play back his schedule for the day.  The employer could work with Jack to evaluate the effectiveness of the recorder as an accommodation.  d. All of the above

 

Second Scenario: Jason has just been hired by a small automotive repair shop. The job entails changing oil, installing tires/rotating tires, replacing tires and inputting information into a computer when the job is complete. He skillfully completes all aspects of his job except one—data entry.  Due to his cognitive disability, Jason has difficulty entering information into the computer.  During the job interview, Jason discussed his disability and needs with his new employer.  

Answer some key questions about this scenario:

Question #1

 

Did Jason request an accommodation? a. yes b. no

Question #2

 

Does the computer input component of the work an essential function of the job? a. yes b. no

Question #3

 

Jason and his employer have discussed some options which of the following is correct? a. Have another employer input the data into the computer at the end of each job. b. Assign a mentor to Jason to provide more intensive training on this component of the job. c. Create an input screen that has pictures as opposed to text.  d. All of the above may work if it is what Jason and his employer jointly agreed to.

 

3) Making modifications or adjustments which enable the person to enjoy equal benefits and privileges of employment: Accommodations in this area may not relate directly to the application process or the job itself but rather other aspects of employment. This could include use of restrooms, meeting rooms, and attending company functions among others. In the next Lesson we will explore creating universally designed work environments that are accessible to all. However, here's a few questions you should ask yourself.

• Are spaces accessible in general to all employees?
• Are the sources of information which employees need to have access to such as bulletin boards accessible to all employees?
• Are there company-sponsored events which may require accommodations? (e.g. is the location for an annual planning retreat accessible to people with different kinds of disabilities?)

Let's use a scenario to check your ability to apply these guidelines and principle of accommodation in situations which enable the employee to access equal benefits and privileges of employment.

SCENARIO PRACTICE: Let's try an example.

Terri works for an accounting firm and is a department manager. The office building is fully accessible, which is great since Terri uses a walker and sometimes a wheelchair. A new division director has recently announced that a leadership retreat will be held at a rural lodge to review the company's current strategic plan and refine it. Terri would typically be part of the planning, but since the retreat is an old lodge which is not accessible, the division manager thinks he needs to ask Terri to designate a representative from her department to attend the planning retreat in her place.

Answer a question about this scenario:

 

Let's assume that attending the planning retreat is not an essential function of Terri's job, what do you think Terri should do? a. Grin and bear it b. Talk with the new division director about the importance of planning events that support the participation of all employees and suggest some alternatives c. Look for another job d. Talk to the company president

  

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