Introduction
Volunteering is an excellent way for people with disabilities to gain work experience, explore career choices, and establish relationships with employers. In some situations, a person with a disability may need an accommodation to serve as a volunteer. One of the questions JAN often gets related to volunteering is whether volunteers are covered under the ADA and therefore entitled to reasonable accommodations. The following addresses this question under various titles of the ADA.
Title I (Employment)
Under Title I, only individuals with disabilities who meet the definition of "employee" are entitled to reasonable accommodations. According to the Equal Employment Opportunity Commission (EEOC), a volunteer is typically not a protected employee under Title I of the ADA because an employer-employee relationship usually is not formed. However, if a volunteer receives “significant remuneration” (e.g., pay and benefits) as a result of volunteer service or the volunteer service usually leads to employment with the employer, then the volunteer may be considered an employee.
For more information about Title I and volunteers, see section 2-III-A-1-c of the EEOC Guidance: Threshold Issues.
Title II (State and Local Government)
Title II requires that all state and local government services, programs, or activities, when viewed in their entirety, be accessible to and usable by individuals with disabilities. According to the U.S. Department of Justice (DOJ), there could be an argument that a volunteer for a state or local government might be protected by Title II of the ADA as a participant of a program. If a volunteer is a program participant, it would follow that the program must be made accessible to volunteers with disabilities, which sometimes means providing reasonable accommodations.
For further discussion about Title II and volunteers, please contact the ADA Division of the DOJ at (800) 514-0301 (V), (800) 514-0383 (TTY).
Title III (Public Accommodations)
Title III requires public accommodations, such as hotels, restaurants, and medical services, to provide accommodations so customers and patients can access the goods and services offered. The question is whether a volunteer program could be considered goods and services. The answer is uncertain – the DOJ has not specifically addressed the application of Title III of the ADA to volunteers.
For further discussion about Title III and volunteers, please contact the ADA Division of the DOJ at (800) 514-0301 (V), (800) 514-0383 (TTY).
Regardless of whether the ADA applies to volunteers, providing reasonable accommodations to volunteers with disabilities can be a winning proposition for businesses – they get all the great benefits of hiring people with disabilities for the low, low cost of providing an accommodation!
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 volunteer fireman with a minor shoulder injury was having difficulty opening valves and unloading heavy items from the fire truck. He
He was provided a wheel valve wrench and drum handling equipment. Other volunteer firemen found the equipment useful as well.
A volunteer at a food bank had a lifting restriction from a back condition and had trouble moving heavy donation deliveries to the sorting area.
A supply of small containers was provided so he could divide the deliveries into smaller amounts for sorting.
A volunteer softball coach used a wheelchair for mobility and was able to coach from the sidelines after an accessible route of travel was created.
A volunteer reader in a library had a weak voice due to a previous infection that damaged her vocal cords. She
She was given a voice amplifier so she would not have to strain her vocal cords trying to talk loud enough for the children to hear her.
A secretary with rheumatoid arthritis was limited in typing due to pain and stiffness in her hands due to cold temperatures. These symptoms were exacerbated in the winter months and by the below-average air temperature in her office.
She was accommodated with a space heater, additional window insulation, and speech recognition software.
JAN Publications & Articles regarding Volunteers
Publications
Consultants' Corner Articles
Articles
- No Articles available for Volunteers
Blog Posts
- No Blog Posts available for Volunteers
Events Regarding Volunteers
- 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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Q&A with the Cog/Psych Team: Challenging Mental Health ScenariosMay 11, 2021
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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
Presenters:
- James Potts , Senior Consultant - Cognitive/Neurological Team
- Melanie Whetzel , Principal Consultant, Team Lead
Presentations
Transcripts
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
Presentations
Transcripts
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
Presentations
Transcripts
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
Presentations
Transcripts
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
Transcripts
Presenters:
- Alexis Popa , Consultant - Cognitive/Neurological Team
- Melanie Whetzel , Principal Consultant, Team Lead
Presentations
Transcripts
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
Presentations
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