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JAN often receives questions about the Americans with Disabilities Act (ADA) and light duty. These questions involve: what is light duty, whether an individual with a workers' compensation injury is protected under the ADA, whether light duty is required as a reasonable accommodation, whether an employee has to be 100% to return to work, whether an employer has to remove functions from an individual's position as an accommodation, and what types of accommodations may be possible for returning an employee to work after an injury or illness.
What is light duty?
The term "light duty" has a number of different meanings in the employment setting. Generally, "light duty" refers to temporary or permanent work that is physically or mentally less demanding than normal job duties (EEOC, 1996).
Is an individual with a workers' compensation injury protected under the ADA?
An individual with an injury covered under workers' compensation may be protected by the ADA, but is not automatically protected. To be protected by the ADA, the employee must meet the definition of disability. The ADA does not require an employer to provide a reasonable accommodation for an employee with an occupational injury who does not have a disability as defined by the ADA (EEOC, 1996).
The term disability means: (1) a person who has a physical or mental impairment that substantially limits one or more major life activities, (2) a person with a record of a physical or mental impairment that substantially limits one or more major life activities, and (3) a person who is regarded as having a physical or mental impairment that substantially limits one or more major life activities.
Is light duty required as a reasonable accommodation?
Reassigning an employee with a disability to a light duty job might be required as a reasonable accommodation, depending on how an employer's light duty program is designed. If an employer reserves certain jobs for light duty, rather than creating light duty jobs as needed, the employer must reassign the employee to a vacant, reserved light duty position as a reasonable accommodation if (1) the employee cannot perform his current position because of his disability, with or without a reasonable accommodation; (2) the employee can perform the light duty job, with or without a reasonable accommodation; and (3) the reassignment would not impose an undue hardship. This is because reassignment to a vacant position and appropriate modification of an employer's policy are forms of reasonable accommodation required by the ADA, absent undue hardship (EEOC, 1996). There is, however, no requirement to create a light duty position or any other position under the ADA (EEOC, 2002).
Does an employee have to be 100% in order to return to work?
According to informal guidance from the EEOC, 100% policies may violate the ADA. Some courts have characterized "100% healed" policies as per se violations of the ADA, but most courts have held that such policies only violate the ADA when applied to an employee who meets the definition of disability. One of the ways an employee can meet the definition of disability is to show that the employer "regarded" him as having a disability. In some cases, employees have proved that their employer regarded them as having a disability by showing that the employer would not let them return to work until 100% healed.
Does an employer have to remove functions from an individual's job as a reasonable accommodation?
Under the ADA, employers have to consider job restructuring as a reasonable accommodation. Job restructuring includes modifications such as: reallocating or redistributing marginal job functions that an employee is unable to perform because of a disability; and altering when and/or how a function, essential or marginal, is performed (EEOC, 2002). There is no requirement under the ADA to remove essential functions as a form of reasonable accommodation. However, an employer can do so if it chooses.
What types of accommodations may be possible for returning an employee to work after an injury or illness?
For a summary of job accommodations for return to work, see JAN's Effective Accommodation Practices Series: Job Accommodations for Return-to-Work.
Situations and Solutions:
The following situations and solutions are real-life examples of accommodations that were made by JAN customers. Because accommodations are made on a case-by-case basis, these examples may not be effective for every workplace but give you an idea about the types of accommodations that are possible.
A bus driver recently diagnosed with sleep apnea asked for a light duty position.
The employer contacted JAN asking for other options. JAN suggested a flexible schedule, temporary reassignment to shorter bus runs, and time off for treatment.
An individual with Guillain-Barré Syndrome was released to return to work following an extensive recovery period.
The employee asked to work light duty. In lieu of this the employer provided a modified schedule and job restructuring while allowing a transition work arrangement. With this type of arrangement the employee gradually increased their hours and work duties over a short period of time and was able to eventually work a typical schedule.
JAN Publications & Articles regarding Light Duty
Articles
- No Articles available for Light Duty
Blog Posts
- No Blog Posts available for Light Duty
Events Regarding Light Duty Topics
- Upcoming Events
- Past Recorded Module
- Past In-person Training
- Past Exhibit Booths
- Past Webcast Series Training
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ADA & Workplace Accommodations - Episode #44May 5, 2022
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The ADA and Workplace Accommodation for Employees with Voice DisordersJanuary 31, 2024
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Low-Key AT: Less-Obvious Options for Entry-Level WorkersMarch 16, 2022
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Accessibility as a Key to InclusionJuly 25, 2022
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Transition and Workplace Accessibility: What’s New in 2023?February 2, 2023
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Together Again: AT for Travel and Inclusive EventsFebruary 3, 2023
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2023 CSUNMarch 17, 2023
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ATIA 2024 ConferenceJanuary 25, 2024
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
Presentations
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
Presentations
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Lisa Mathess , Principal Consultant, ADA Specialist
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Lisa Mathess , Principal Consultant, ADA Specialist
Presentations
Presenters:
- Teresa Goddard, Lead Consultant, Assistive Technology Services
- Lisa Mathess, Principal Consultant, ADA Specialist
Presentations
Accommodating Educational Professionals: Meeting Workplace Needs with AT
Friday 1-2pm
Grand Ballroom 7B
Session Code: TWA-05
Back on Track with the Interactive Process: When Accommodations Go Off the Rails
Friday 4:30-5:30
Magnolia 2
Session Code: TWA-02
Transition and Workplace Accessibility: What’s New in 2024?
Thursday 4:30-5:30
Magnolia 2
Session Code: TWA-08
Presenters:
- Teresa Goddard, Lead Consultant, Assistive Technology Services
- Lisa Mathess, Principal Consultant, ADA Specialist
Presentations
Accommodating Educational Professionals: Meeting Workplace Needs with AT
Friday 1-2pm
Grand Ballroom 7B
Session Code: TWA-05
Back on Track with the Interactive Process: When Accommodations Go Off the Rails
Friday 4:30-5:30
Magnolia 2
Session Code: TWA-02
Transition and Workplace Accessibility: What’s New in 2024?
Thursday 4:30-5:30
Magnolia 2
Session Code: TWA-08
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Accessibility & Accommodations: How Employers & HR Professionals Can Prepare for Emerging Tech in the WorkplaceMay 20, 2021
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Accommodating Public Safety Workers with DisabilitiesJune 8, 2021
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ADA UpdateJuly 13, 2021
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AT Update: What’s new in 2021August 10, 2021
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Ask JAN! Expert Q&AOctober 14, 2021
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Return to Work After COVID-19 – Focus on Mental Health and Cognitive LimitationsNovember 18, 2021
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Accommodation Solutions for Autoimmune DisordersDecember 9, 2021
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Next-Level Accommodation and ADA ChallengesJanuary 13, 2022
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ADA and Accommodation Lessons Learned: Stay at Work/Return to Work EditionFebruary 10, 2022
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Ergonomics for TeleworkersMarch 1, 2022
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Accommodation Solutions for Executive Functioning DeficitsMarch 17, 2022
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Accommodation Solutions for Gastrointestinal DisordersApril 14, 2022
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Accommodation and ADA Considerations: Reproductive Disorders and PregnancyMay 12, 2022
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Personal Use or Reasonable Accommodation: What’s What?June 9, 2022
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ADA UpdateJuly 14, 2022
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AT Update 2022August 11, 2022
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Accommodation Solutions for Sleep DisordersSeptember 22, 2022
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Building a Disability-Inclusive OrganizationOctober 13, 2022
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Providing Reasonable Accommodations to Veterans with DisabilitiesNovember 10, 2022
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Ask JAN! Q&AJanuary 12, 2023
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Supports and Services: Accommodations with a HeartbeatFebruary 9, 2023
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What You Should Know About the Impact of Long COVID in the WorkplaceMarch 9, 2023
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Accommodation Solutions for Neurodivergent WorkersApril 13, 2023
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Accommodation Solutions for Fine Motor LimitationsMay 11, 2023
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What to Do When Performance and Conduct Factor Into the Accommodation EquationJune 8, 2023
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ADA Update 2023July 13, 2023
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Assistive Technology (AT) Update: What’s New in 2023August 10, 2023
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Accommodation Solutions: Substance Use DisorderSeptember 14, 2023
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The Way I See It: Accommodation Process Perspectives from Different Points of ViewOctober 12, 2023
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Accommodation Solutions: Respiratory Conditions, Allergies, & Fragrance SensitivityNovember 9, 2023
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Accommodation Solutions for Employees with Intellectual DisabilitiesDecember 12, 2023
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ADA and Beyond Compliance Considerations: Medical DocumentationJanuary 11, 2024
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Ask JAN! Q&A: Sensory Team EditionMarch 14, 2024
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Accommodating Employees with Diverse Cognitive and Neurological NeedsApril 11, 2024
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Ask JAN! Q&A: Cognitive / Neurological Team EditionMay 9, 2024
Presenters:
- Anne E. Hirsh , Director of Collaborations, Evaluation, and Reporting
- Bill Curtis-Davidson, Co-director of PEAT
- Martez Mott, Ph.D., Senior Researcher, Ability Group, Microsoft Research
- Tina Park, Ph.D., Methods for Inclusion Research Fellow at the Partnership on AI
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This session, produced in collaboration with JAN and the Partnership on Employment & Accessible Technology (PEAT), will introduce the potential impact of emerging tech on accommodations. Participants will learn how employers and HR professionals can help plan for an accessible workplace of the future, including the procurement of accessible technologies and potential accommodation needs of people with disabilities. PEAT, funded by the Office of Disability Employment Policy, U.S. Department of Labor, will interview technology leaders to find out how AI and XR will change the way we work and what these technologies could mean for the employment of people with disabilities.
This event takes place on Global Accessibility Awareness Day (GAAD).
Speaker Bios:
Bill Curtis-Davidson is a Co-Director and Sr. Consultant on Emerging Tech Accessibility at PEAT. In this role, he works to advance the accessibility of emerging workplace technologies, including XR and AI, to increase employment opportunities for people with disabilities. He partners with the disability community, tech companies, and the public to advance adoption of inclusive design and promising practices for tech accessibility. He serves on the External Advisory Board of the GA Tech Human-Computer Interaction Degree Program.
Martez Mott is a Senior Researcher in the Ability Group at Microsoft Research. His research is focused on designing, implementing, and evaluating intelligent interaction techniques that improve the accessibility of computing devices for people with diverse motor and sensory abilities. His current research focuses on identifying and overcoming accessibility barriers embedded in the design of virtual and augmented reality systems. Martez is passionate about improving diversity in the CS and HCI communities. He co-chaired the 2020 CHI Mentoring Workshop (CHIMe), is serving on the steering committee for CHIMe 2021, and co-founded the Black Researchers @ Microsoft Research group. Martez received his Ph.D. in Information Science from the Information School at the University of Washington. Prior to attending UW, he received his B.S. and M.S. in Computer Science from Bowling Green State University.
Tina M. Park is currently a Methods for Inclusion Research Fellow at the Partnership on AI, developing evidence-based methodologies for incorporating a more diverse range of stakeholders in the design and development of artificial intelligence. Prior to joining PAI, Tina has led efforts to cultivate supportive intellectual spaces for scholars of color at Brown University and nationwide. She has presented at top international conferences in her field such as the American Sociological Association, the Social Science History Association, the Population Association of America, and the Society for the Study of Social Problems, the Association of Collegiate Schools of Planning.
Presenters:
- Lisa Mathess , Principal Consultant, ADA Specialist
- Matthew McCord , Senior Consultant – Motor Team
- Tatum Storey, Consultant - Motor Team
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Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Jeanne Goldberg is a Senior Attorney Advisor in the Office of Legal Counsel at the U.S. Equal Employment Opportunity Commission.
Handouts
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Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Matthew McCord , Senior Consultant – Motor Team
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Melanie Whetzel , Principal Consultant, Team Lead
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Lisa Mathess , Principal Consultant, ADA Specialist
Presentations
Transcripts
Presenters:
- James Potts , Senior Consultant - Cognitive/Neurological Team
- Melanie Whetzel , Principal Consultant, Team Lead
- Linda Carter Batiste , Director of Services and Publications
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Lisa Mathess , Principal Consultant, ADA Specialist
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Lisa Mathess , Principal Consultant, ADA Specialist
Presentations
Transcripts
Handouts
Presenters:
- Lisa Mathess , Principal Consultant, ADA Specialist
- Matthew McCord , Senior Consultant – Motor Team
Presentations
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Presenters:
- Alexis Popa , Consultant - Cognitive/Neurological Team
- Melanie Whetzel , Principal Consultant, Team Lead
Presentations
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Presenters:
- Matthew McCord , Senior Consultant – Motor Team
- Julie Davis , Consultant - Motor Team
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
Presentations
Transcripts
Presenters:
- Lisa Mathess , Principal Consultant, ADA Specialist
- Matthew McCord , Senior Consultant – Motor Team
Presentations
Transcripts
Handouts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Jeanne Goldberg - Senior Attorney Advisor, Office of Legal Counsel, Equal Employment Opportunity Commission (EEOC)
Handouts
Presentations
Transcripts
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Matthew McCord , Senior Consultant – Motor Team
- Christy McCune , Consultant - Sensory Team
Presentations
Handouts
Transcripts
Presenters:
- Alexis Popa , Consultant - Cognitive/Neurological Team
- Melanie Whetzel , Principal Consultant, Team Lead
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Ellice Switzer, EARN Workplace Disability Inclusion Associate
Presentations
Transcripts
Ellice Switzer, EARN Workplace Disability Inclusion Associate
Ellice is an Extension Associate with the K. Lisa Yang and Hock E. Tan Institute on Employment and Disability. She provides content development, training and technical assistance for EARN. As an Extension Associate, she provides national technical assistance and training on topics related to disability and employment, and U.S. disability policy. Her areas of focus include employer practices to support workforce disability inclusion, demand-side strategies to improve employer engagement among disability service providers and evidence-based practices to support post-school success for youth with disabilities.
Presenters:
- James Potts , Senior Consultant - Cognitive/Neurological Team
- Melanie Whetzel , Principal Consultant, Team Lead
Presentations
Transcripts
Presenters:
- Lisa Mathess , Principal Consultant, ADA Specialist
- Melanie Whetzel , Principal Consultant, Team Lead
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
Presentations
Transcripts
Presenters:
- James Potts , Senior Consultant - Cognitive/Neurological Team
- Lisa Mathess , Principal Consultant, ADA Specialist
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Terri Rhodes, Chief Executive Officer, Disability Management Employer Coalition (DMEC)
- Bryon Bass, Senior Vice President Workforce Absence and Disability Practice Leader, Sedgwick
- Susanne Bruyere, Co-Director and Co-Principal Director, Employer Assistance and Resource Network on Disability Inclusion (EARN)
Handouts
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Presenters:
- Melanie Whetzel , Principal Consultant, Team Lead
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Presenters:
- Julie Davis, Consultant - Motor Team
- Matthew McCord, Senior Consultant - Motor Team
Presentations
Transcripts
Presenters:
- Lisa Mathess, Principal Consultant, ADA Specialist
- Melanie Whetzel, Principal Consultant, Team Lead
- Tracie DeFreitas, Program Leader, Director of Training, Services, and Outreach
Presentations
Transcripts
Presenters:
- Tracie DeFreitas, Program Leader, Director of Training, Services, and Outreach
- Jeanne Goldberg, Equal Employment Opportunity Commission (EEOC)
Presentations
Transcripts
Presenters:
- Matthew McCord, Senior Consultant – Motor Team
- Teresa Goddard, Lead Consultant – Assistive Technology Services
- Jose Gonzalez Lopez, Consultant — Sensory/Motor Teams
Presentations
Transcripts
Presenters:
- James Potts, Senior Consultant - Cognitive/Neurological Team
- Melanie Whetzel, Principal Consultant, Team Lead
- Linda Batiste, Director of Publications and Services
Presentations
Transcripts
Presenters:
- Lisa Mathess, Principal Consultant, ADA Specialist
- Lore Lee, Consultant
- Matthew McCord, Senior Consultant – Motor Team
- Tracie DeFreitas, Program Leader, Director of Training, Services, and Outreach
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Transcripts
Handouts
Presenters:
- Teresa Goddard, Lead Consultant – Assistive Technology Services
- Jose Gonzalez Lopez, Consultant - Sensory/Motor Teams
Presentations
Transcripts
Presenters:
- Melanie Whetzel, Principal Consultant, Team Lead Cognitive/Neurological Team
Presentations
Transcripts
Presenters:
- Lisa Mathess, Principal Consultant, ADA Specialist
- Tracie DeFreitas, Program Leader, Director of Training and Outreach
Presentations
Transcripts
Handouts
Presenters:
- Jose Gonzalez Lopez, Consultant – Sensory/Motor Teams
- Teresa Goddard, Lead Consultant – Assistive Technology Services
Presentations
Transcripts
Presenters:
- Melanie Whetzel, Principal Consultant, Team Lead
Presentations
Transcripts
Presenters:
- Melanie Whetzel, Principal Consultant, Team Lead
- Bill McCollam, Consultant – Cognitive/Neurological Team
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Transcripts
Other Information Regarding Light Duty
External Links
- No External Links available for Light Duty