By: Elisabeth Simpson, Lead Consultant – Motor Team
As the Lead Consultant for the Motor Team, I am asked questions daily about the provision of equipment as an accommodation. Employers, individuals, and even rehabilitation professionals often ask if JAN provides equipment, who is responsible for buying equipment, and what resources are available to the employer if the cost of a piece of equipment would be an undue hardship.
Let’s start with the easy question first: Does JAN provide equipment? The answer is pretty simple. We do not provide or supply any type of equipment, technology, etc. Additionally, JAN does not offer on-site evaluations or worksite assessments of any type. We are limited, in a way, to providing assistance and guidance from a distance, but have developed an extensive product and vendor database for this reason. JAN consultants are trained to ask questions that help us better understand the work environment so we are able to offer accommodation ideas that are effective. When possible, we can direct you to where a piece of equipment or product can be purchased or even offer a variety of options for you to choose as the accommodation.
As for questions related to who is responsible for buying equipment — the EEOC has indicated that the employer is ultimately responsible for providing work-related equipment or devices as an accommodation, absent undue hardship. In some cases, an employee may be working with vocational rehabilitation services (VR) and the cost could be shared. In other cases, the employer can choose a less expensive accommodation as long as the alternative option selected is effective. In general, when an employer purchases a piece of equipment it is then owned by that employer. In situations where the cost is shared, it is important that a discussion take place as part of the interactive process so there will be a plan for what will happen with the equipment if/when the employee no longer needs it or no longer works for the employer.
Resources may be available for some employers to help with the cost of providing equipment as an accommodation. Tax credits could be taken advantage of if the employer qualifies or if the employee is part of a targeted group. Additional information about various tax incentives are available on JAN’s Website. Federal employers may be able to take advantage of the services offered by the Computer/Electronic Accommodations Program (CAP), which provides assistive technology and services to people with disabilities, Federal managers, supervisors, and IT professionals. Employees may be able to receive funding for assistive technology from the U.S. Department of Veterans Affairs (if veterans or service members); the Social Security Administration’s Plan To Achieve Self-Support (PASS) and other work incentives; non-profit disability organizations; and civic or service organizations (Lions Club, VFW, Rotary Club, etc.). Employers can also look into state workers’ compensation programs if the disability was caused by a work-related injury.
At the end of the day, it is important to remember that while there may be a cost associated with purchasing a piece of equipment, there are many options available for employers to consider when this is the accommodation being provided. Additionally, the EEOC has offered guidance on how to determine undue hardship and JAN consultants on all teams are ready and willing to discuss options with you!