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
Julie Ballinger, Disability Rights & Issues Consultant
Southwest ADA Center Regional Affiliate
StarReach Enterprises
Why have a
process?
•Consistency
•Successful Accommodations
•Good Faith Effort
ADA Basics
•ADA Requires Reasonable Accommodation
•Interactive Process Recommended
•Amendments Act Broadened Coverage
•Everything Else Stayed Same
Why do people
disclose?
 To ask for job accommodations
 To receive benefits or privileges of
employment
 To explain an unusual circumstance
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
JAN’s Interactive Process
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The Interactive Process
Step 1: Recognizing an Accommodation Request
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Job Accommodations That Work
Step 1: Recognizing an Accommodation Request
TIPS
 Err on the side of caution
 Act quickly
 Assign responsibility
 Conduct training
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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?
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Job Accommodations That Work
Is this an accommodation request?
Yes.
 More leave (an accommodation) is needed
 Because of a medical condition
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The Interactive Process
Step 2: Gathering Information
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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
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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?
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Job Accommodations That Work
Do we have all the information we need?
No.
 Do not know limitations
 Do not know problem
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The Interactive Process
Step 3: Exploring Accommodation Options
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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
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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?
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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
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The Interactive Process
Step 4: Choosing an Accommodation
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Job Accommodations That Work
Step 4: Choosing an Accommodation
TIPS
 Consider the employee’s preference
 Consider a trial period
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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?
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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
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The Interactive Process
Step 5: Implementing the Accommodation
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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
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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?
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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
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The Interactive Process
Step 6: Monitoring the Accommodation
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Job Accommodations That Work
Step 6: Monitoring the Accommodation
TIPS
 Check on effectiveness
 Maintain the accommodation
 Encourage ongoing communication
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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?
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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
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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
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Contact
 (800)526-7234 (V) & (877)781-9403 (TTY)
 AskJAN.org & jan@AskJAN.org
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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.org
1-800-949-4ADA
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