Shining a Light on Sun Safety

Posted by Kim Cordingly on May 25, 2017 under Accommodations, Employers, Organizations, Products / Technology | Be the First to Comment

By: Sarah Small, Consultant – Cognitive/Neurological Team

May is Skin Cancer Awareness Month! As thunderstorms hit and temperatures rise, I’m reminded that summer is quickly approaching. Time sure does fly by — it feels like we were just celebrating the holidays. With warm weather comes gardening, swimming, cookouts, hiking, and various other outdoor activities. It’s important that we remember to protect ourselves when we are in the sun. While having a warm summer glow can be nice, we want to make sure we are staying hydrated and protecting ourselves from harmful UV rays.

At JAN, we receive calls regarding skin cancer or other medical conditions that cause sensitivity to the sun. According to the Skin Cancer Foundation, 1 in 5 Americans will develop some form of skin cancer within their lifetime. In addition, they estimate that there will be 87,110 new cases of invasive melanoma that will be diagnosed in the U.S. during 2017.

Whether you are in the sun for leisure or work, there may be preparations you can make to protect yourself. If you are planning to spend some time in the sun, make sure you are equipped with water, sunglasses, a protective hat, and most importantly, sunscreen. The Skin Cancer Foundation suggests that sunscreen with a SPF of 15 or higher supplies good protection. The SPF appropriate for you may vary depending on complexion, medical history, and sensitivity. Be sure to read the bottle to know how long it will last and when to reapply.

If you are in need of extra protection, you might look into sun protection clothing, window film, or even UV shelters if you will be spending a lengthy amount of time in the direct sunlight. These types of products might be helpful for home use or on the job.

If you have a disability or medical condition that causes sensitivity to the sun, and you work outdoors or are regularly exposed to the sunlight, you might contact JAN and explore specific accommodations that might be needed or could be beneficial.

Don’t let sun sensitivity bring you down and make you stay indoors this summer. There may be solutions that can help you stay protected while also having fun.

JAN Staff promoting Skin Cancer Awareness
JAN Staff Supporting Skin Cancer Awareness Month

Resources:
Accommodation ideas for Photosensitivity
Accommodation and Compliance Series: Employees with Cancer
UV Protection Shelters
Sun/UV Protective Clothing

 

 

Accommodation Ideas for Individuals on Dialysis

Posted by Kim Cordingly on May 24, 2017 under Accommodations, ADAAA, Employers | Be the First to Comment

By: Elisabeth Simpson, Lead Consultant — Motor Team

We recently received an inquiry regarding accommodation options for individuals who are receiving dialysis and are taking time off work to seek the treatment. Employers who are evaluating these types of requests under the Americans with Disabilities Act (ADA) may be unsure of the options that can be presented to the employee to lessen the impact on both the individual and the business when a good amount of time is taken away from work. Some individuals receiving dialysis may be able to continue to work with accommodations, in lieu of taking time off work or a leave of absence, depending on their individual needs.

Dialysis is needed when the body alone can no longer remove enough waste products to sustain life. Individuals who are experiencing chronic kidney disease may need dialysis before having a kidney transplant. There are two types of dialysis: hemodialysis and peritoneal dialysis. For more specific information on the two types of dialysis, visit JAN’s page on Accommodation Ideas for Renal/Kidney Disease. Accommodations for individuals who require dialysis differ dramatically from one person to another.

Accommodation ideas can include:

  • performing peritoneal dialysis in the office, which would likely require access to storage materials, flexible scheduling, a private and clean area with a cot, and proper biohazard disposal (there are no needles),
  • flexible use of leave time,
  • modified attendance policies,
  • working from home,
  • providing a laptop, tablet device, or wearable technology, possibly with a data plan, that would allow the individual to perform some work from a dialysis center,
  • adjusting break times to allow an individual to rest if experiencing fatigue,
  • reassignment to a position that is less physically demanding and/or allows for flexible leave, telework, etc.,
  • reassignment to a part time position,
  • transferring the individual to a position that is closer to home or a dialysis facility.

Some individuals may not be able to perform aspects of their job remotely; consequently, an adjusted or modified schedule or leave as an accommodation may be the focus of the interactive process. JAN offers information on leave as an accommodation that an employer may want to review. For many occupations, some work can be performed away from the worksite including receiving and responding to emails, writing and editing documents, or developing presentations. With appropriate IT applications and cloud computing, working remotely has become much more feasible. This option will, of course, depend on the nature of the job and the information that the individual may need to access. The types of accommodations available will vary greatly. Generally, an employer would want to consider how much time away from the workplace is needed; whether a schedule can be modified to allow the employee to make up time (i.e., adjusting arrival/departure times); whether work can be performed remotely; and any barriers that might exist that would prevent the employee from performing essential functions of the job in a different way. JAN consultants are happy to offer support to employers and individuals making requests for accommodations related to dialysis.

 

 

Service Animal Access vs. Wheelchair Access – Why the Difference?

Posted by Kim Cordingly on May 19, 2017 under Accommodations, ADAAA, Employers | Be the First to Comment

By: Linda Carter Batiste, Principal Consultant

We’ve been getting more and more questions about service animals in the workplace, both from employers and people with disabilities who use service animals. One of the questions we frequently get is whether employers must automatically allow an employee to bring a service animal to work or whether it’s an accommodation that the employee must request. Most employers believe it’s an accommodation that must be requested, while conversely, some employees believe they should just be able to show up with the service animal, like they do in public places such as stores, restaurants, and movie theaters. When we explain that employment rules differ from public access rules under the Americans with Disabilities Act (ADA) and that bringing a service animal to work, in most cases, is an accommodation and therefore must be requested, we often get the following question:

I choose to use a service animal to overcome my disability-related limitations, just like someone else with a disability might choose to use a mobility aid or a hearing aid.  Why do I have to ask permission to bring my service animal to work, but my coworkers who use, for example, wheelchairs don’t have to ask permission to bring their wheelchairs to work?

The answer is that most employers have no-animals-in-the-workplace policies, but very few have no-wheelchairs-in-the-workplace policies. Therefore, employees with service animals must ask the employer to consider modifying the no-animals policy as an accommodation instead of just violating the policy without permission. Of course, if an employer does not have a no-animals policy and lets other employees bring in animals, then an employee with a disability should be able to just show up with a service animal without getting permission.

In case you’re wondering, I have seen employers with no-wheelchairs-in-the-workplace policies, for example in some manufacturing plants or laboratory settings with cleanrooms. In laboratory settings, the problem is typically about the difficulty of sterilizing the wheelchair; cleanrooms must be free from contaminants. In some manufacturing plants, the problem is that the wheelchair can create a spark that could cause an explosion. In these situations, employees who use wheelchairs cannot just show up with the wheelchair; they must let the employer know that they use a wheelchair and ask that the employer consider accommodations that would enable them to work safely.

So it’s not that employers are treating you differently because you choose to use a service animal; the difference has to do with standard, workplace policies.

Reading Made Easier

Posted by Kim Cordingly on May 5, 2017 under Accommodations, Employers, Events, Products / Technology, Vendors | Comments are off for this article

By: Sarah Small, Consultant – Cognitive/Neurological Team

This past February, I had the opportunity to attend the annual California State University Northridge (CSUN) Assistive Technology conference in San Diego. While I was there, I got to take in a wide variety of products, resources, and sessions. One particular product that caught my attention was the C-Pen Reader. I noticed their booth across the hall from our JAN booth on the first day. When I got the opportunity to walk around the exhibit hall, I decided to check it out. I soon learned that the C-Pen Reader was a pocket size device that looked similar to a pen or highlighter.

The first pen I tried at the booth was the Reader pen. To use the pen, you simply move it over the line of text you need to read, then hold it up to your ear. The pen also has a place to plug in headphones to help with listening as you scan. The pen reads out loud to you the information on the written document. I thought this could be such a great resource for an individual who occasionally has to read written documents for their job. If someone has difficulty reading or processing auditory information, this might allow them to get through the information more easily, or ensure that they are understanding things correctly. The Reader pen can read aloud in English or Spanish and has a built in dictionary feature that can be used. When needing to know the meaning of a word, you can select the dictionary option and it will display and read the definition. The pen can also scan lines of text to be uploaded to a PC or Mac device.

The second pen I saw was the C-Pen Exam Reader. This pen has the same functions as the Reader pen without the dictionary feature. It can be used for testing situations and allows the material and questions to be read to the employee or student. This pen has the sole function to read and has the ability to be used with five languages — English, Spanish, French, Italian, and German. This pen could be a resource for individuals to request to use in testing situations, or could be something that employers or teachers have on hand for individuals who may benefit from it.

The third type of pen I experimented with was the Dictionary Pen. This pen is used for the dictionary function alone and can be beneficial when there are words that an individual does not know or needs to be reminded of. The Dictionary pen has the ability to work with English, Spanish, French, Italian, German, Russian, and Mandarin.

On the cognitive/neurological team here at JAN, we frequently receive calls regarding learning disabilities or other impairments that may affect reading or the way someone processes information. These pens could be helpful as an accommodation for individuals in a variety of situations that require reading.

If you feel you or someone you know may benefit from a product such as a C-Pen, you can find more information on the company’s Website.

For information on typical kinds of accommodations we see for individuals with learning disabilities, as well as some ideas for testing situations, see the following publications:

Accommodation and Compliance Series: Employees with Learning Disabilities

Accommodation and Compliance Series: Testing Accommodations

May is Mental Health Awareness Month

Posted by Kim Cordingly on under Accommodations, Employers, Products / Technology | Comments are off for this article

By: Melanie Whetzel, Lead Consultant – Cognitive/Neurological Team

Mental health is how we feel, think and behave as we manage our lives. Our mental health impacts our relationships and the decisions we make. Living in an increasingly fast-paced and complicated world may cause us to experience difficulty when managing our lives. Like our physical health, paying attention to our mental health is equally essential throughout our lives.

Life can be stressful for all of us at one time or another. Stress can be caused by the annoyances of daily life such as traffic, deadlines at work, or illnesses. It can also be caused by more serious issues like the termination of a job, the loss of a loved one, or financial difficulties. How do we determine if the stress or discomfort we are feeling is a normal reaction to a passing difficulty in our lives or the symptom of a more serious problem, possibly a mental health impairment that may require treatment?

According to the National Alliance on Mental Health (NAMI), mental health impairments are medical conditions that often result in a diminished capacity for coping with the ordinary demands of life. Mental health impairments can affect persons of any age, religion, or race, or any level of income or education. They are not the result of personal weakness, lack of character, or poor upbringing. Mental health impairments are common – they affect approximately 43.8 million Americans in a given year. According to NAMI, one in five adults in the U.S. will experience a mental health condition in their lifetime.

Based on an article on the Mayo Clinic Website entitled Mental Health: What’s Normal, What’s Not, factors you should consider when evaluating your mental health may include the following information about your symptoms:  how long you have had them; how serious they are; how upsetting they are to you; and how they affect your life. If you have questions about your feelings, thoughts or actions and whether the problems you may be experiencing are “normal” or merit some type of evaluation, remember to ask for help. Contact a health care provider such as a family physician. They often can refer you to a more specialized professional if it’s warranted. According to NAMI, early identification and treatment is of vital importance. It’s important to note that the best treatments today for even serious mental illnesses are highly effective.

The Cleveland Clinic offers tips for improving both your physical and mental health and helping to reduce stress. Here are just a few:

  • Learn to relax.
  • Exercise regularly.
  • Eat well-balanced meals.
  • Get plenty of sleep and rest.
  • Don’t rely on drugs or alcohol.

Job accommodations can be vital for the successful employment of individuals with mental health impairments. Difficulties with concentration, memory, organization, task completion, and coworker interaction are just some of the issues an individual with a mental health impairment may experience in the workplace. JAN consultants provide technical assistance to both employees and employers who are seeking information about effective workplace accommodations that affect job performance. See JAN’s mental health publications for accommodation ideas.

The following “real life” examples show how three employees with mental health impairments were successfully accommodated.

An administrative assistant in a social service agency has bipolar disorder. Her duties include typing, word processing, filing, and answering the telephone. She experiences difficulties with concentration and short-term memory. Her accommodations include assistance in organizing her work and a dual headset for her telephone that allows her to listen to music when not talking on the telephone. The use of the headset minimizes distractions, increases concentration, and relaxes the employee. Also, meetings are held with the supervisor once a week to discuss workplace issues. These meetings are recorded so the employee can remember issues they discuss. She can replay the information as often as she needs.

An architect with an anxiety disorder works in a large, busy, and open office. She requests a private workspace to help her handle stress and emotions brought on by the open, crowded, and often noisy environment. The employer agrees, and also provides telework as an option as well as flexible scheduling for when the employee is particularly stressed while under firm deadlines.

An employee with agoraphobia works from home full-time as a benefit of employment.  When new management comes on board, the whole telework program is scrapped and everyone is required to return to the office. The employee, who never had to disclose and request an accommodation, now asks for a policy modification that allows him to continue to work from home. The new management considers his request and finds no hardship in allowing him to continue to telework.

If you or someone you know needs more individualized assistance with job accommodations, contact JAN directly. Our services are free and confidential.

Additional Resources:

National Alliance on Mental Illness (NAMI)
Mental Health Month
NAMI – StigmaFree
Mayo Clinic – Mental Illness
National Institute of Mental Health (NIMH)
NIMH – Mental Health Information

 

Do-It-Yourself Accommodations

Posted by Kim Cordingly on April 20, 2017 under Accommodations, Employers, Products / Technology | Comments are off for this article

By: Matthew McCord, Consultant – Motor Team

Back in 2014, Elisabeth Simpson wrote a Blog post on low cost accommodation solutions. Three years have passed since then, and I think it is time to revisit this subject and provide you all with some additional options to keep in your toolkit. However, this post will focus more on Do-It-Yourself style accommodations. So, if you are one to enjoy rolling up your sleeves and tackling accommodation needs directly rather than purchasing a product, then this Blog article is for you. Even if you aren’t a hands-on kind of person, some of these options may still be helpful.

To begin, I think it is best to lay down the rules of what this Blog is about. Have you ever looked into accommodation options and thought, “I am sure you could make this yourself and it would be much cheaper to do so?” If so, that is the question that drives this Blog. Some of you may be worrying that the following may be a little out of your depth, so let me assure you, it is certainly possible that you have done more complex projects of your own than what I will be giving you below.

First, let’s start simple. Have you ever looked into height adjustable table legs as an accommodation option? Well, if you do not need the ability to periodically adjust from sitting to standing height, you can increase the height of a desk by lifting it up and placing the legs on cinder blocks or bricks. You can similarly lower a desk by removing the legs entirely and placing it on cinder blocks to achieve the height needed.

Next, let’s go for a little more complex option. Sit/stand workstations are a very common accommodation request and I often point out our vendor listing for monitor risers as a solution for those needs. However, you can achieve the same results by stacking some phone books up to the appropriate height and then placing a second monitor on top of them. To make that monitor usable, you will need to raise up a keyboard tray to place a second keyboard and mouse on. You could also use the same keyboard and mouse for both monitors, but depending on individual needs, it may be best to get another set rather than constantly moving things around. To make such a tray, you can use a shelving insert from an old bookshelf for instance. You can also look into using pink board, which can be purchased from building supply stores, if no empty bookshelves are readily available. If you are concerned about towers of phone books toppling over, then you can bind them together using duct tape. As a bonus, you can also create a footrest out of old phonebooks that are bound together in the same manner.

On the topic of desks and computers, spare binder clips can be used to help organize electronic device wiring. This can be helpful for IT employees with vision impairments to quickly locate the needed wires. An additional step that can be helpful here is using a strip of scotch tape and labeling each wire by writing on the tape and then sticking it on the binder clip or using some tactile dots and markers as an alternative method of labelling depending on severity of the individual’s visual impairment. This will provide the added benefit of making an otherwise incomprehensible mass of wires tidier as well!

In the spirit of keeping things organized, this next idea can be very helpful for people with memory limitations. If you have an employee with such issues who often leaves keys laying around, you can use a carabiner to keep multiple sets of keys together and allow the employee to clip them directly on their clothing via belt loops. This is a practice that I learned from my father. As a custodian for a school, he needed to carry around a bunch of keys and this was how he kept track of them all.

This last option will be the only one that involves the use of power tools. Let’s say you are looking into options for an employee with pain and cramping in the wrist and hands from all the writing they need to do. This can be a big problem for people with carpal tunnel syndrome. A simple way to help with this is to measure the writing utensil being used (pens, pencil, and whiteboard markers are all common targets for this), and then use a power drill a make a hole through a tennis ball just big enough to fit the utensil through it. Now, the employee can hold onto the ball instead of the pen, pencil, or marker and put less pressure on the wrist to hold it. If you are one to shy away from using power tools, or simply do not own them, there are similar styles of writing aids available to purchase directly from vendors.

I know it is an impulse to immediately think of purchasing something when accommodations are requested. Sometimes this is the only real option. However, I hope this Blog has helped to give you some brain food on what we can do to help accommodate our employees and even ourselves with a little ingenuity. A bit of elbow grease and out of the box thinking can go a long way!

JAN Goes West to CSUN

Posted by Kim Cordingly on April 12, 2017 under Accommodations, Employers, Events, Products / Technology, Vendors | Comments are off for this article

By: Lisa Mathess, Senior Consultant — Motor Team

JAN was lucky enough to travel to sunny California at the beginning of March to present and exhibit at the 32nd Annual CSUN Assistive Technology Conference. JAN has had a presence at this conference consistently for the past 10 years. The exhibit hall held more than 120 exhibitors displaying new and upcoming assistive technologies (AT), along with vendors promoting new improvements on existing products. The JAN booth was buzzing with traffic from service providers, instructors, and individuals with disabilities who all were pleasantly surprised to learn about JAN’s mission and services, especially that they are free! We were also greeted by loyal JAN fans that just stopped by to say, “Hi — glad to see you are here!”

JAN consultants gave two presentations at the conference – the first on accommodating employees with disabilities in a healthcare setting and the second on accommodating educational professionals with AT. If you would like to view corresponding publications on these topics, please see JAN’s Accommodation Ideas by Occupation or Industry.

In between exhibiting and presenting, I managed to find some time to attend some other sessions focusing on accommodations within the Federal government. It is always interesting to see how others implement their accommodation programs and make effective accommodations for their employees. Although the Federal sector is technically covered under the Rehabilitation Act, the same principles apply as the Americans with Disabilities Act (ADA), which applies to private employers. The Federal sector strives to be a model employer, so often they are held to higher standards than the ADA would require. It’s also satisfying that during their sessions, these Federal agencies recommended JAN as a resource for accommodation solutions and ADA compliance. For more info, please see Federal Employment of People with Disabilities. Another useful accommodation resource available to some Federal departments is the Computer/Electronic Accommodations Program (CAP) located at the Department of Defense (DoD). CAP’s mission is “to provide assistive technology and accommodations to support individuals with disabilities and wounded, ill and injured Service members throughout the Federal Government in accessing information and communication technology.”

If you have questions about the JAN presentations at CSUN or want more information on accommodations, please feel free to speak with a JAN consultant at (800) 526-7234 (Voice), (877) 781-9403 (TTY), or visit us online at AskJAN.org.

It’s Tax Time! Resources for Entrepreneurs with Disabilities

Posted by Kim Cordingly on under Entrepreneurship / Self Employment, Organizations | Comments are off for this article

By: Kim Cordingly, Lead Consultant – Self-Employment Team

“This is a question too difficult for a mathematician. It should be asked of a philosopher.”
(His answer when asked about completing his income tax form).   ― Albert Einstein

Tax time for small business owners and self-employed individuals can be extremely stressful. While many tax issues are routinely dealt with throughout the year and with the assistance of an accountant, the month of April still looms large for finalizing tax information. Below are resources to assist with tax issues, including how to access Social Security information that may impact tax planning and preparation. It’s never too early to start planning for next year!

Social Security Benefits Planning

For some, small business and self-employment tax issues are intertwined with Social Security regulations that can be complex and intimidating. Fortunately, there are resources and programs to assist with this. The book Making Self-Employment Work for People with Disabilities (2014) by Griffin et al., includes an excellent chapter on “Small Business and Social Security Income Benefits Analysis” that discusses Social Security benefits, self-employment, and related tax implications. This book should be available through your public library system, or if not, can be requested through the interlibrary loan process at no cost to the borrower.

If receiving Social Security (SSDI and/or SSI), benefits specialists at a Work Incentive Planning and Assistance (WIPA) project can also provide one-on-one assistance at no charge. You can locate the WIPA project that serves your community at the Ticket to Work program site.

For more information about the Ticket to Work program and WIPA projects, you can find help by contacting the Ticket to Work Help Line at (866) 968-7842 (Voice) or (866) 833-2967 (TTY), or find your local WIPA project at Find Help. The WIPA project will be marked by the green circle.

Tax Resources

1. Internal Revenue Service (IRS)
We’ve highlighted a variety of IRS resources of particular interest to small business owners, self-employed individuals, and people with disabilities more generally.

Small Business and Self-Employed Tax Center

Self-Employed Individuals Tax Center

Small Business Forms and Publications

Business Taxes

Free Tax Return Preparation for Qualifying Taxpayers
Volunteer Income Tax Assistance (VITA) program

IRS Certified Volunteers Providing Free Tax Preparation (Explains what issues they can and cannot assist with)

Find a Location for Free Tax Help

Earned Income Tax Credit

Disability and Earned Income Tax Credit
“The Earned Income Tax Credit, EITC or EIC, is a benefit for working people with low to moderate income. To qualify, you must meet certain requirements and file a tax return, even if you do not owe any tax or are not required to file. EITC reduces the amount of tax you owe and may give you a refund.”

More Information for People with Disabilities

Tax Benefits for Businesses Who Have Employees with Disabilities

Affordable Care Act (ACA) Tax Provisions (Includes tax credit information)

State Government Websites
(Links to relevant state government offices related to small business, taxation, procurement, licensing, and so on)

2. U.S. Small Business Administration (SBA)
Focusing specifically on small business issues, the SBA information expands on tax topics that may be applicable to entrepreneurs with disabilities.

Filing and Paying Taxes

Determine Your State Tax Obligations

3. USA.gov
Tax Issues for Businesses

4.  Job Accommodation Network (JAN)
JAN’s site highlights various tax incentives related to accessibility and the employment of people with disabilities. There may be additional incentives available at the state and local levels as well.

Tax Incentives

While tax time can be both frustrating and stressful, good information can help make the load a bit lighter. We hope this information helps!

 

A Summary of the Section 501 Final Rule on Affirmative Action

Posted by Kim Cordingly on April 5, 2017 under Accommodations, ADAAA, Employers | Comments are off for this article

By: Tracie DeFreitas, Lead Consultant – ADA Specialist

JAN recently offered the first Federal Employer Winter Webcast Binge-a-thon — a three-hour Webcast for the federal workforce about job accommodation resources and solutions and compliance with Section 501 of the Rehabilitation Act, hosted by expert guest speakers from JAN and the Equal Employment Opportunity Commission (EEOC). The Binge-a-thon kicked-off with an overview of the EEOC’s January 2017 final rule to amend the regulations implementing Section 501 of the Rehabilitation Act, presented by Aaron Konopasky, Senior Attorney Advisor in the ADA/GINA Policy Division at the EEOC. The Rule requires agencies of the federal government to adopt employment goals for individuals with disabilities, with sub-goals for individuals with targeted disabilities, to provide personal assistance services (PAS) to certain employees who need these services because of a disability, and to meet a number of other requirements designed to improve the recruitment, hiring, retention, and advancement of individuals with disabilities in the federal workforce.

The final Rule clarifies the affirmative action requirements of Section 501. To comply with the requirements, federal agencies must develop affirmative action plans and take action to increase the employment of individuals with disabilities, and must also provide PAS to employees with targeted disabilities for work-related reasons. The final Rule gives agencies until January 3, 2018, to make changes to policy, staff, and other operations in order to meet the new requirements. Among the affirmative action and PAS requirements, the Rule also codifies various obligations placed on federal agencies by past management directives and Executive Orders, to bring all of the requirements together under one Rule.

JAN Consultants do provide information and guidance regarding the requirements of Section 501. Like many federal sector employers, our Consultants are learning as much as we can about these new regulations so that we can better assist our customers with their questions. For commonly asked questions about the Rule, see The EEOC’s Final Rule on Affirmative Action for People with Disabilities in Federal Employment. The following bullet points offer a high-level summary of some of the Rule’s requirements:

  • Affirmative Action: Federal agencies are required to adopt and implement an Affirmative Action Plan for recruiting, hiring, employing, and advancing individuals with disabilities at all levels of federal employment. The Plan is to be submitted annually to the EEOC. The Plan shall require a commitment to achieve the goal of employing 12% of individuals with disabilities at the GS-11 level and above; 12% at the GS-10 level and below; and 2% who have targeted disabilities, above and below these GS levels. Targeted disabilities are those that fall into a subset of those impairments that meet the Americans with Disabilities Act (ADA) definition of disability, and are designated on the Office of Personnel Management’s SF-256 Self-Identification Form. Affirmative Action Plans are to be posted on each agency’s public Website.
  • Record Keeping: The Rule imposes new record keeping requirements. Federal agencies must keep track of the number of applications received from individuals with disabilities (IWDs) and the number hired; the number of applications received from IWDs with targeted disabilities and the number hired; all job offer rescissions based on medical examinations or medical inquiries; the number of Schedule A appointees; and details regarding all requests for reasonable accommodation. This information must be made available to the EEOC upon request.
  • Personal Assistance Services (PAS) as Affirmative Action Requirement: Lack of PAS or fear of losing PAS have been identified as barriers to employment for individuals with some targeted disabilities. The Rule requires federal agencies, as an aspect of affirmative action, to provide PAS to employees who need these services due to a targeted disability, barring undue hardship. PAS are non-medical services that help individuals with disabilities perform activities of daily living, like eating, using the restroom, taking-off a coat, etc. PAS may be assigned during work hours and job-related travel. Agencies may hire an employee or independent contractor to provide PAS, and may provide one-to-one services or hire a pool of PAS providers to serve multiple employees with disabilities. When services are provided one-to-one to a single individual, agencies should give primary consideration to the preferences of the individual. Federal agencies are required to have a written process for employees to request PAS, or may include a PAS process in a formal reasonable accommodation procedure.
  • Notification about Reasonable Accommodation Policies and Procedures: The Rule makes clear that federal agencies must have written, easily available and understood reasonable accommodation procedures, available to applicants and employees in written and accessible formats. These procedures must be available on each agency’s public Website.
  • Interim Accommodations: When the facts and circumstances known to an agency make it reasonably likely that an employee requesting accommodation will be entitled to it, but the accommodation cannot be provided immediately, then the agency is expected to provide interim accommodations that will enable the performance of some or all of the essential functions of the employee’s job, barring undue hardship.
  • Reassignment as Accommodation: Federal agencies must consider reassignment to a vacant position as a reasonable accommodation when no other accommodation will enable an employee with a disability to perform the essential functions of the current position.
  • Denial of Reasonable Accommodation: When accommodations are denied, federal agencies must provide the job applicant or employee with a written explanation that includes a reason for the denial, remedies for internal appeal or alternative dispute resolution, and instructions and the timeframe (45 days) for filing a complaint of discrimination with the agency’s EEO Counselor. This notice must be made available in accessible formats.

For more information about affirmative action and workplace discrimination laws, regulations, and Executive Orders that apply to federal agencies, see the EEOC website for the Federal Sector. For information about reasonable accommodation obligations, please contact JAN to speak with a Consultant, or go to AskJAN.org.

New Technology Grabs Consultant’s Attention

Posted by Kim Cordingly on February 23, 2017 under Accommodations, Employers, Events, Organizations, Products / Technology | Comments are off for this article

By: Melanie Whetzel, Lead Consultant – Cognitive/Neurological Team

Returning to work this week after traveling to the 54th Annual LDA (Learning Disabilities Association of America) International Conference in Baltimore, MD, I just had to get the word out about a new product that about blew my socks off – QuietOn.

QuietOn is a “one-of-a-kind earplug combining active noise cancellation and acoustic noise attenuation to create silence.”

Innumerable people contact JAN for assistance on how to handle auditory distractions in the workplace. Depending on the work environment and individual customer’s situation, JAN can suggest a variety of potential solutions. One of these options is to wear a noise-cancelling headset. However, one potential problem with these headsets for some people with noise sensitivity is their size and weight – this makes it difficult for them to comfortably use. Another issue is that wearing a headset can set an employee apart from others in the workplace. The QuietOn earplugs are much more unobtrusive while offering many of the same benefits as the larger headphones.

So take a look at this new product and determine if it might be the right solution for you or someone you know who may need an accommodation for auditory distractions in the workplace.

Our JAN Website also offers various publications on learning disabilities (LD), as well as other ideas on how to accommodate, reduce, and/or remove auditory distractions in the various work environments.

For Additional Resources:

Accommodation Ideas for Learning Disabilities
Accommodating Employees with Learning Disabilities
Learning Disabilities Association of America