New Employer’s Guide to the Family and Medical Leave Act Announced at DMEC Employer Compliance Conference

Posted by Kim Cordingly on May 12, 2016 under Accommodations, Employers, Events, Organizations | Comments are off for this article

By: Tracie DeFreitas, Lead Consultant — ADA Specialist

The Disability Management Employer Coalition (DMEC) recently held its annual FMLA/ADA Employer Compliance Conference in Pittsburgh, Pennsylvania. Being an ADA/FMLA geek, I always enjoy this event and believe it ranks among the top educational opportunities for those involved in absence and disability management. The Compliance Conference offers employers an opportunity to learn about compliance strategies and practical approaches for implementing the myriad of federal and state leave and disability employment laws. Of course, FMLA and ADA take center-stage at this event so many of the speakers are government officials from relevant policy and enforcement agencies like the U.S. Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC); labor and employment law attorneys; and leave and disability management experts from across the nation.

I appreciate the format of the Compliance Conference, in that, it kicks-off with general sessions offered the entire first day and the morning of the second day. Why is this a smart educational strategy? Offering general sessions for all participants to attend insures that everyone has the opportunity to be informed about compliance updates together without having to pick and choose which sessions to attend based on interests or professional needs. And, unlike many conferences where general sessions are often rather “fluffy,” the general sessions offered during this year’s conference were robust. Practical information was offered by experts who shared examples of court decisions that illustrate recent compliance developments, top challenges for employers in leave and accommodation administration and tools to support these efforts, industry best practices, ways to avoid lawsuits, and strategies for engaging in the interactive process.

This year, a new FMLA compliance assistance guide was announced during one of the general sessions. Helen Applewhaite, Branch Chief, Branch of FMLA and Other Labor Standards, Wage and Hour Division, U.S. DOL, announced that they have released an Employer’s Guide to the Family and Medical Leave Act. Employers have long-awaited a guide of this kind to answer common FMLA questions and clarify responsibilities and protections. This guide offers a road map that begins with an employee’s leave request and guides employers from granting leave to restoring the employee to the same or an equivalent position at the end of the leave period. It addresses many complicated FMLA requirements in a practical manner that includes “Did you know?” tips for compliance.

In addition to the new Employer’s Guide, DOL recently issued a new General Notice FMLA poster. All FMLA-covered employers are required to display a DOL poster summarizing the major provisions of the FMLA. Employers are not required to replace their current poster with the new version, but the new version highlights information regarding employees’ rights and employers’ obligations in a more reader-friendly format.

JAN does not offer detailed technical assistance on the FMLA. However, FMLA and ADA issues often overlap, and so, JAN consultants do address some of the more common FMLA issues and refer customers to DOL and other relevant resources for detailed technical assistance. JAN offers a number of FMLA-related resources on our Website, in our A-Z of Disabilities and Accommodations section, under the topic of Family and Medical Leave Act, including the new Employer’s Guide and also DOL’s Employee’s Guide to the Family and Medical Leave Act.

 

Accommodating Cooks with Low Vision

Posted by Kim Cordingly on May 6, 2016 under Accommodations, Employers, Products / Technology, Vendors | Comments are off for this article

By: Teresa Goddard, Lead Consultant – Sensory Team

Cooking and eating together are powerful ways of building relationships and creating a sense of community at work. Whether you are seeking to include an employee in cooking activities, or accommodating a food service employee with a vision impairment, there are many ways to make a kitchen more accessible to employees with vision impairments.

Some typical suggestions for accommodating cooks with low vision include the following:

  • Use measuring tools with large print, color coding or tactile marking, or modify existing measuring cups and spoons with customized markings.
  • Use knife guards or specialized tools such as vegetable peelers for cutting and peeling.
  • Use guards, cut proof gloves and other Personal Protective Equipment (PPE) as needed when handling or cleaning sharp objects.
  • Use measuring tools and cutting boards that contrast with the substance being measured or cut.
  • Use an ice cream scoop to measure cookie dough and place on a baking sheet.
  • Use parchment paper when baking to prevent sticking and simplify cleaning.
  • Use color coded prep bowls to keep track of ingredients that have been measured out.
  • Use liquid level indicators when pouring hot liquids.
  • Use talking thermometers and timers.
  • Use oven mitts when handling pots and pans.
  • Use extra-long oven mitts, oven rack grabbers, and oven rack guards for oven tasks.
  • Use magnifiers, bar code readers, or Optical Character Reading (OCR) technology to access information on labels.
  • Avoid placing pots, pans, and bowls directly on slippery or slick surfaces.
  • Use pot stabilizers for safer pouring and ladling.
  • Use boil control discs to prevent boil overs.
  • Make a plan for how to effectively clean and sanitize cooking area, dishes and utensils.
  • Use a talking calculator when modifying, halving, or multiplying a recipe.
  • Consider induction cooktops for increased safety when practical.
  • Modify lighting according to need. Some individuals need more lighting or task lighting, other may need lower light levels, filtering of light sources, or an alternate type of light source.
  • Use dial type controls, which may be easier to modify/memorize.
  • Use tactile marking or color coding to mark important buttons.
  • Try magnification or hand held OCR to better access digital displays.
  • Use a talking oven thermometer to verify oven temperature.
  • Digitize inventory and temperature logs as needed for improved accessibility.
  • Use fluorescent tape to mark routes of travel and tips of stairs.
  • Seek customized recommendations and individualized assistive technology (AT), occupational therapy (OT), or vision rehabilitation therapy (VRT) assessments when appropriate.

Visit the JAN Website for more information on low vison cooking aids.

The American Foundation for the Blind offers information on modified tools and methods for safe cooking for individuals with low or no vision.

Many tools that may be useful to a cook, chef, or baker with low vision can be found at vendors of standard and commercial kitchen supplies. There are however some vendors with specialized products for individuals with low vision that include kitchen aids. Examples of these types of low vision aids for cooking tasks can be found here, here, and here.

You can link here to information on talking thermometers.

JAN’s Website includes information on talking bar code scanners and talking scales.

For highly specialized cooking and baking tasks, scientific instruments designed for use by individuals who are blind may be helpful.

If you would like to discuss specific accommodation situations in more detail, we invite you to contact JAN directly.

 

 

Spring Cleaning Your Workplace

Posted by Kim Cordingly on March 7, 2016 under Accommodations, Employers, General Information, Products / Technology | Comments are off for this article

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

After the long, dark, and cold winter, we yearn for spring. We look forward to warmth, flowers, birdsong, and spending time outdoors. We also look forward to the opportunity to spring clean our homes, workspaces, and classrooms. What better time to get rid of clutter and lighten up? It would be a much easier task if it were one we kept up with throughout the year, but most of us find that difficult to do.

While for some of us messiness may be a routine annoyance, for employees with organizational difficulties as a result of attention deficit disorder (ADD), cognitive issues and/or fatigue due to cancer treatments, fibromyalgia, brain injury, multiple sclerosis (MS), or other impairments, creating and maintaining order may be especially challenging.

For those of you who work from home, you may find it even more difficult to keep up with the clutter in your work space. Maybe the fact that you don’t have co-workers who can see your mess makes it easier to let it go and let it grow! There is also the chance at home that items not belonging in your office have an easier time migrating there.

Regardless of whether you work in a classroom, an office, a cubicle, or a home office, reducing the disarray in your workspace may very well increase your sense of professionalism and productivity. Look to the following tips for help in organizing your workspace and reducing your clutter to a more manageable level.

  • Don’t become overwhelmed when you look at the area about to be cleaned. Take heart! Be brave!
  • Start from one side of the room, area, or desk and move in a path to the opposite side.
  • Remove rarely used tools and gadgets from your desk top and drawers. Place them in a storage area that is convenient for when you do need them. Label areas for easy retrieval.
  • Do you have books that you rarely use? Remove those to storage as well. If you haven’t used a particular book within the last 60-90 days, it is probably not something you need to have at your fingertips.
  • If you are a collector of whatnots and trinkets, consider limiting the number you display on your desk at a time. Put the others into storage and plan to rotate them in and out for a fresh new look.
  • If you have extra furniture in your space that is not needed, consider removing it. It may create more surface area that allows you to collect even more clutter.
  • Think about hanging photos of your family, sports teams, etc., on the walls instead of having them take up desk space.
  • If you have a mountain of paperwork, go through it with only three categories in mind: things to act on, things to file, and things to toss.
  • Color-code files to help identify them with ease.
  • Invest in stackable bins or trays for papers. Label them.
  • Use a bulletin or magnetic board to keep often-used items, schedules, or policies / procedures within eyesight. If you are a person who likes to collect photos, cards, or whatever, consider having one board for work use and one for personal use.
  • Have a trash can handy while opening mail. Toss absolutely everything that does not need to be responded to or remembered.
  • If your office recycles paper, have a tray handy for that. Take to the larger recycling area at least weekly.
  • Arrange the items on your desk and in your office according to how you use them. Your desk and surrounding office / cubicle space may look different if you are left-handed, for example.
  • Having an efficient usable workspace isn’t about it looking good, it’s more about the space being functional for you and your needs in your particular job.
  • Try to reserve 10 minutes at the end of each day to put things away, clear off your workspace, and prepare for the next day.

You can take charge and control your clutter by not allowing it to accumulate. Then when spring rolls around, you may be able to spend more time enjoying the flowers, the birds, and the outdoors!

 

Disability Inclusion as a Function of Managing

Posted by Kim Cordingly on January 12, 2016 under Accommodations, ADAAA, Employers | Comments are off for this article

By: Beth Loy, Principal Consultant

If you take a management class or two, you get a lot of theory. You might read about the Hawthorne Effect, which tells us that employees work harder when they get attention. You may subscribe to the Peter Principle. If you do, you promote employees based on their performance in their current role, not their qualifications for the intended role. You could believe in systems management, where employees are just pieces of a greater machine. But, being a good manager means understanding your workers, and this takes skill and practice.

A good manager has several qualities, including empathy, experience, and knowledge. Listening, leading, and delegating help a manager focus on making good decisions in a global environment. Being transparent, finding ways to motivate and inspire, supporting innovation, and encouraging effective communication are pivotal skills to engaging a productive workforce. But, what about disability? How do we manage disability issues? Let’s look at Ernest.

Ernest has been a manager for 10 years. Recently, his company took on an initiative to hire employees with disabilities. This is new to him, but he’s been known for leading employees effectively while making firm decisions. Ernest can look back at what it takes to be a good manager and push forward with including disability as a function of his management.

For example, Ernest tends to be very empathetic with his decision-making. Whether it’s related to scheduling around soccer games or helping employees navigate their insurance, he tries to find an answer. It’s now up to Ernest to understand that disability is just another area of focus for him. To support this, Ernest can concentrate on:

  • Applicants: Recruiting employees with disabilities is an important step in encouraging a disability-friendly environment. Working with service providers and specific job banks enables employers to actively seek talented people with disabilities who are looking for work.
  • Interns: Working with a local school or the Workforce Recruitment Program to bring on youths with disabilities will give the organization a chance to work with highly motivated students with disabilities.
  • Employees: It’s important to train all employees on disability etiquette and their rights to accommodation under the Americans with Disabilities Act (ADA).
  • Frontline Supervisors: All frontline supervisors should be aware of the ADA. Knowing how to recognize an accommodation request and begin the interactive process is crucial.
  • Motivational Events: Having guest speakers, celebrating National Disability Employment Awareness Month, creating an employee resource group, or working with a nonprofit will make employees aware of the contributions of workers with disabilities.

It seems Ernest has all of the skills he needs to be successful with his new disability inclusion initiative; now he just needs to take those skills and put them to work. Facilitating the integration of people with disabilities is no different than managing people without disabilities, but you have to drive those changes at your workplace. The Job Accommodation Network can help you do that through training, technical assistance, consultation, and information. And, it’s all for free!

Understand that disability is the one minority group that you can join at any time. Also be aware that if you lack that understanding, the ADA does have teeth, and the enforcing agency for the ADA, the Equal Employment Opportunity Commission, is just a phone call away at (800)669-4000 or (800)669-6820 (TTY).

As the Old Saying Goes…

Posted by Kim Cordingly on January 4, 2016 under Accommodations, ADAAA, Employers | Comments are off for this article

By: Linda Carter Batiste, Principal Consultant

Remember the old saying, “He knows just enough to be dangerous”? I find this saying popping into my head over and over when I talk with employers about reassignment as an accommodation under the Americans with Disabilities Act (ADA). For what seems like such a straightforward concept, reassignment sure ends up being one of those things employers have trouble getting right. Let me share several of the most frequent things I hear.

First, and I’d say foremost, I hear employers saying, “We’re not allowed to reassign an employee with a disability unless we can’t accommodate in the current job.” Well, this is true unless the employee and the employer agree that reassignment is the best option. I’ve talked to many employers who insist on trying to keep an employee in his current job even when the employee asks to be reassigned because the employer thinks that’s how it must be done. As with many things under the ADA, this is one where there’s an exception to the general rule that reassignment is the accommodation of last resort.

Next, I frequently hear from employers who are in the process of reassigning an employee with a disability and they have found the perfect vacant job. However, the job is a promotion and, the employer says, “We’re not allowed to promote an employee as an accommodation under the ADA.” Okay, that’s half right. The ADA doesn’t require employers to promote an employee as an accommodation, but at the same time it doesn’t prohibit it; employers are not prohibited from going beyond what’s required by the ADA as long as it benefits the employee with a disability.

Another thing I hear from employers is that when reassigning as an accommodation, it is okay to make an employee do his own job search and apply for whatever job openings he finds. My question for these employers is, “How is this an accommodation? Isn’t this what all employees do when they want another job?” The response I often get is, “Well, yes, but we think this is the fair way to do reassignment, we give the employee an equal chance to compete for jobs.” Okay, the problem here is that the other employees don’t have disabilities and they can do their current jobs so you’re really not giving employees with disabilities an equal chance by making them do the same job search as others. When reassigning as an accommodation, you should actively help find an appropriate vacant job and then place the employee in the job without making him compete. Otherwise, you’re not really making an accommodation.

And the final thing I want to mention that comes up a lot in my conversations with employers is related to seniority systems. I get calls from employers who implement seniority systems, but then have all kinds of exceptions to them for all kinds of reasons except disability-related reasons. They cite the Supreme Court holding that said it is “unreasonable” to reassign an employee with a disability if doing so would violate the rules of a seniority system. That does not mean that you write a discriminatory rule into your seniority system and then you get a free pass! It means that if you have a consistent, uniformly applied system in which jobs are assigned by seniority, you don’t have to bypass that system when reassigning under the ADA. But if you grant exceptions, then you might have to grant an exception for an employee with a disability who needs to be reassigned.

So next time you’re faced with reassignment as an accommodation, I hope you’ll remember a saying my dad taught me: “Always lift up the hood and check the batteries.” Applying this to the ADA, you can’t just rely on the general rules you hear; you always need to check for the exceptions!

And for more information about reassignment and other ADA issues, visit the Matrix Radar Blog.

Baby It’s Cold…Inside

Posted by Kim Cordingly on December 21, 2015 under Accommodations, Employers, Products / Technology | Comments are off for this article

By Tracie DeFreitas, Lead Consultant — ADA Specialist

Lately, I’ve had that holiday tune, Baby It’s Cold Outside, melodically playing in my mind (imagine the Lady Gaga and Tony Bennet rendition). The song makes me smile and, ironically, warms my soul. Of course, it’s the holiday season and that means the song is playing everywhere we go. But, this isn’t the only reason I’ve had this catchy tune on my mind; JAN customers have me thinking of it as well. Now that winter has arrived, we’ve been hearing from employers who have questions about accommodating employees who are sensitive to cold temperatures. Interestingly though, the questions have been about the impact of exposure to cold indoor temperatures.

Thermostat wars are a common ongoing battle in the office. You’ve experienced it, right? Co-workers stealthily sneaking around the corner, adjusting the heat up or down to their comfort level when no one else is watching. It’s probably fair to say that there is no particular temperature that is comfortable for everyone. The Occupational Safety and Health Administration (OSHA) does not regulate indoor workplace temperature but does recommend that temperatures be maintained in the range of 68-76° F. This range may be comfortable for many workers, but not all. Although this indoor temperature range is suggested, some workplaces maintain indoor temperatures (in cool and warm months) that fall well below 68° (I’ve heard as low as 61°), making it a frigid environment, particularly for those who are medically sensitive to cold temperatures.

Sensitivity to cold temperatures is a limitation associated with a number of impairments, including anemia, asthma, diabetes, Raynaud’s disease, rheumatoid arthritis, scleroderma, and thyroid disorders. Some individuals with these types of impairments experience joint pain, stiffness, or numbness in their extremities (i.e., hands, fingers, toes) in response to cold temperatures, while others experience difficulty breathing. Exposure to cold temperatures at work can cause these symptoms to flare-up, making it difficult for an affected employee to perform job duties. This can lead to a request for accommodation under the Americans with Disabilities Act (ADA).

One solution for dealing with the effects of the cold indoors is a small space heater to be used at an employee’s workstation. JAN Consultants are frequently asked if an employer has any obligation to provide a space heater as an accommodation for an employee who requests one due to a medical impairment. This isn’t about providing a space heater simply to improve personal comfort, but rather, to enable an employee to manage the impact of the cold on their impairment, and in-turn, performance. Some employers provide space heaters to employees for non-disability related reasons, or allow employees to bring their own heaters to work. But, is there a duty to provide a space heater as an accommodation under the ADA? Or, is a space heater a personal need item?

In situations where the temperature is extreme, it could possibly be argued that if the employer is creating a workplace barrier by maintaining an indoor temperature that 1) falls below the minimum suggested standard, and 2) has an adverse effect on an employee’s medical impairment and ability to perform job duties, then the employer may have some responsibility to provide a reasonable accommodation to eliminate that barrier – this could include providing a space heater. If a healthcare provider can confirm the existence of an impairment and that the extreme temperature of the work environment causes limitations that affect performance, then there will be medical justification for the accommodation.

The Equal Employment Opportunity Commission (EEOC) has stated that, in some situations, items that might otherwise be considered personal may be required as reasonable accommodations where they are required to meet job-related rather than personal needs (EEOC, 2002). While a space heater may seem like a personal need item, when it is needed to help an employee perform job duties effectively, it may be a reasonable accommodation. It often makes sense to err on the side of caution, do a risk analysis, and use common sense when considering accommodations. At a cost of about $30.00 for a small space heater, it may be difficult to demonstrate that this low-cost solution is not reasonable. And, it’s certainly a lot less expensive to provide the accommodation than to deal with a disability discrimination complaint alleging failure to provide a reasonable accommodation.

In addition to a space heater, there are other accommodations that might be considered to manage the cold indoors. Some ideas can be found on JAN’s AskJAN.org website under A-Z, by limitation, temperature sensitivity, but consider the following:

  • Adjust work-site temperature
  • Redirect or cover air vents using air deflectors or vent covers
  • Do not situate workstation under air vents, near cold windows, or near opening exterior doors
  • Move workstation to warmer area of building
  • Use window insulation, rubber weather sealing, heavy curtains, or shades on windows to reduce draft
  • Provide an enclosed workspace with separate temperature control
  • Allow use of heated blanket, heating pad, hand warmers, etc.
  • Modify dress code to allow wearing of layers, gloves, outerwear, etc.
  • Provide speech recognition software to limit keyboarding
  • Allow flexible scheduling
  • Allow flexible use of leave
  • Allow work from home or an alternate (warmer) location

Accommodation needs and situations vary. If you have a specific situation or question you’d like to discuss with a JAN consultant, we’ll be happy to assist you. Contact us directly or visit AskJAN.org.

Reference:

Equal Employment Opportunity Commission. (2002). Enforcement guidance on Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act. Retrieved from http://www.eeoc.gov/policy/docs/accommodation.html

A Scent Filled Season — Allergy Reminder for the End of Year

Posted by Kim Cordingly on December 10, 2015 under Accommodations, Employers | Comments are off for this article

By: Sheryl Grossman, Consultant – Mobility Team

It’s that time again! With all the holiday festivities at the end of the year, we may be tempted to bring in those leftovers, or wear that new perfume, but what may seem like a nice gesture or harmless fun can turn deadly if someone in the workplace is allergic.

If your business has a fragrance-free policy in place, this may be a good time to remind folks about it.

If your business does not currently have a policy, this may be a good time to develop one.

JAN’s publication Accommodation and Compliance Series:
Employees with Fragrance Sensitivity
provides sample policy language to help with this process.

The additional following general policies may be good starting places:

Ensure that all employer controlled spaces are fragrance-free:

  • Remove air fresheners from bathrooms
  • Use only fragrance-free soaps in bathrooms and kitchens
  • Provide hand lotion and hand sanitizer for employee use, ensuring only fragrance-free types are used
  • Ensure frequent and appropriate cleaning of workspaces with fragrance-free/chemical-free cleaners

Ensure that all employer controlled maintenance, repair, and remodeling are fragrance/chemical-free:

  • Use fragrance/chemical-free insecticide/pesticides
  • Use fragrance/chemical-free industrial cleaning agents
  • Use fragrance/chemical-free glues, sealants, waxes, and paints/stains

Ensure that all employer controlled spaces limit or prohibit known food allergens and/or provide appropriate accommodations:

  • Implement a policy restricting certain foods from the workplace
  • Permit extra time during lunch so the employee may go home to eat
  • Permit flexible scheduling so the employee with a food allergy may work when less people are present in the workplace to decrease possible exposure
  • Relocate employee’s workspace to reduce possibility of exposure to offending foods
  • Provide designated, well-ventilated area for all food to be stored, prepared, and eaten

More information regarding accommodating people with fragrance/chemical sensitivities can be found at Accommodation Ideas for Respiratory Disorders.

More information regarding accommodating people with food allergies can be found at Job Accommodations for People with Food Allergies.

Here’s to wishing you all a safe and happy rest of 2015 — from the JAN family!

 

Seasonal Affective Disorder (SAD) — More than Gray Skies in Winter

Posted by Kim Cordingly on November 23, 2015 under Accommodations, Employers, Products / Technology | Comments are off for this article

By: Sarah Small, Consultant – Cognitive/Neurological Team

As I was driving on the interstate this past week, I couldn’t help but notice that most of the trees had lost their leaves. The beautiful reds, yellows, and oranges have slowly become bare branches. This, along with the slowly declining temperatures means one thing…winter is coming. Winter has its own excitement with the holidays and many traditions; however, at times it tends to bring with it feelings of dread. Winter means snow, ice, and for those of us in daylight savings time, shorter days. It’s easy to feel not ready and sad as the warm days leave us. But for some people, these feelings can be more intense than others.

Seasonal Affective Disorder (SAD) is a form of depression that comes and goes with the change in seasons. SAD is most common in the winter months starting in the beginning of fall and peaking in December, January, and February (Mental Health America).

Common symptoms include:

  • Irritability and stress intolerance
  • Decreased energy
  • Oversleeping
  • Fatigue
  • Changes in weight
  • Difficulty concentrating
  • Changes in appetite
  • Decreased interest in daily activities, sex, and social interactions
  • Feelings of hopelessness or worthlessness

While the cause of SAD is unknown, it is believed that the reduced level of sunlight during the winter months disrupts the body’s internal clock (circadian rhythm), as well as the body’s levels of serotonin and melatonin (Mayo Clinic). This can impact sleep patterns as well as mood.

According to the Mayo Clinic, there are certain factors that increase an individual’s risk for SAD. These risk factors include:

  • Being female
  • Age – onset typically between the ages of 18 and 30
  • Family history of SAD
  • Having depression or bipolar disorder
  • Living far north or south of the equator- it is said to be rare in those who live within 30 degrees of the equator

Treatment for SAD can include prescription medications that fall within the same family of drugs that help treat depression. These types of drugs are typically non-sedative selective serotonin reuptake inhibitor (SSRI) drugs.

Another type of treatment is phototherapy. This type of therapy includes exposure to high intensity bright lights such as sun lamps or sun boxes. These forms of light are often portable and can easily be placed on a desk or table in a work area. They also can be used at home to simulate natural light and help reduce fatigue and feelings of depression.

Additional information regarding SAD as well as a variety of light products can be found at this Consultants’ Corner.

JAN also offers information on accommodating individuals with various types of depression in the workplace — Accommodation Ideas for Depression.

While the winter months can bog us down with gray skies and cold weather, make sure to find time these next few months for things you enjoy. Whether it’s spending time with family and friends, planning a ski trip, or curling up on the couch with a good book and some hot chocolate, don’t forget to take time for yourself. Spring will be here before we know it!

Resources:

Mayo Clinic – Seasonal Affective Disorder (SAD)

Mental Health America – Seasonal Affective Disorder (SAD)

 

 

Recognizing Learning Disabilities (LD) Awareness Month

Posted by Kim Cordingly on October 29, 2015 under Accommodations, Employers, Organizations | Comments are off for this article

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

Not only is October National Disability Employment Awareness Month, but it is also Learning Disabilities Awareness Month. JAN is joining with others such as LD OnLine and the Learning Disabilities Association of America (LDA) to bring more awareness of learning disabilities and to share information about our resources.

What does the term learning disabilities really mean? Learning Disabilities refer to a number of disorders that may affect the acquisition, organization, retention, understanding or use of verbal or nonverbal information. These disorders affect learning in individuals who otherwise demonstrate at least average abilities essential for thinking and/or reasoning.

Learning disabilities result from impairments in one or more processes related to perceiving, thinking, remembering or learning. They range in severity and may interfere with the acquisition and use of oral language, reading, written language, and mathematics. Learning disabilities may also involve difficulties with organizational skills, social perception, social interaction, and understanding the perspectives of others (Learning Disabilities Association of Canada, 2015).

In 1985, President Ronald Reagan stated the following in a proclamation. It reads in part:

“Awareness of learning disabilities is one of the most important advances in education in recent years. As more and more Americans become aware, our citizens with learning disabilities will have even greater opportunity to lead full and productive lives and to make a contribution to our society.”

Read on to see how some famous individuals with learning disabilities have greatly contributed to our society. These individuals show that although learning disabilities may present challenges, they don’t limit one’s chances for success. Having a learning disability may have in fact played an important role in helping these individuals find the determination to achieve their goals. The following partial list of prominent figures with learning disabilities can surely be a source of inspiration!

From the entertainment industry: Orlando Bloom, Tom Cruise, Whoopi Goldberg, Jay Leno, Keira Knightley, Steven Spielberg, and Henry Winkler

Sports figures: Muhammed Ali, Terry Bradshaw, Magic Johnson, and Tim Tebow

Business leaders: Richard Branson, Henry Ford, Charles Schwab, and Ted Turner

Journalist and writers: Agatha Christie, Anderson Cooper, Richard Engel, and F. Scott Fitzgerald

Scientists/Inventors: Alexander Graham Bell, Thomas Edison, and Albert Einstein

Military leaders: George Patton and Winston Churchill

If you or someone you know has a learning disability and is looking for assistance in overcoming some of the difficulties that may be present in the workplace, look no further. JAN’s resources include a newly updated Accommodation and Compliance Series: Employees with Learning Disabilities, as well as Accommodation and Compliance Series: Employees with Executive Functioning Deficits for accommodation ideas. We also have information on documentation of a learning disability, organizations, and SOAR – our Searchable Online Accommodation Resource. This tool can walk you step-by-step through the accommodation process, offer accommodation ideas, and provide product information. All of these resources can be found at Accommodation Ideas for Learning Disabilities.

JAN’s consultants on the cognitive/neurological team are available to help answer your questions about the accommodation process, disclosure, and information that can help you in your specific situation. Please feel free to contact us.

Resources:

Learning Disabilities Association of Canada. (2015). Official Definition of Learning Disabilities. Retrieved October 27, 2015 from http://ldac-acta.ca.

Famous People with the Gift of Dyslexia, retrieved from http://www.dyslexia.com/famous.htm October 27, 2015.

Success Stories: Celebrities with Dyslexia, ADHD, and Dyscalculia, retrieved from   https://www.understood.org/en/learning-attention-issues/personal-stories/famous-people/success-stories-celebrities-with-dyslexia-adhd-and-dyscalculia October 27, 2015.

 

Work After Breast Cancer

Posted by Kim Cordingly on October 16, 2015 under Accommodations, Employers, Products / Technology | Comments are off for this article

By: Sheryl Grossman, Consultant – Motor Team

One of the most positive things about more people surviving breast cancer, and cancer diagnoses in general, is that life after a diagnosis goes on, including one’s work life. Many are able to continue working through treatment, while others choose to focus on treatment and then return to work. Often less recognized is that while a clinical diagnosis is made on a specific date, and various treatments are done on specific dates, the side effects may linger on for weeks, months, and sometimes years.

Cancer, as many oncologists say, is a lifelong, chronic condition. For some this may be a direct result of the disease process, while for others it may be the result of side effects from necessary, but often potent, treatment protocols.

Just like with any other chronic condition, people who have had breast cancer can be fantastic employees. Some return to work and continue on as they did prior to their diagnosis. Others may need accommodations to be the best employee they can be.

The following are some potential areas of accommodation that may assist someone who has had a diagnosis of breast cancer:

Need for ongoing medical treatment, follow-up appointments, and monitoring:

  1. Allow for a flexible schedule
  2. Allow employee to telework
  3. Allow for additional leave time

Need for an ergonomically adjusted workspace due to lifting restrictions, pain management, and so on:

  1. Provide workspace adjustments to desk height, monitor height, chair, arm support, and reach ranges for equipment and materials
  2. Provide ergonomically appropriate tools
  3. Allow for breaks from repetitive tasks
  4. Modify workspace layout to avoid tasks done over the head
  5. Allow time for physical movement to help circulation

Need for supports with cognitive processing:

  1. Allow for self-paced workload
  2. Adjust supervisory method to allow for prompting, adjusting instructional or management method, breaking large tasks into smaller tasks
  3. Allow for one task to be completed before the next is presented

Need to manage fatigue:

  1. Allow for periodic rest breaks
  2. Allow for a modified schedule
  3. Redesign workspace to bring all necessary materials within easy reach range
  4. Limit physical exertion required
  5. Move workspace closer to door, break room, or restroom
  6. Provide personal mobility device to maneuver around workspace without exerting more effort
  7. Allow telework from home and remote access to meetings

While wearing pink brings awareness to the needs of those who are living with or have survived breast cancer, providing accommodations concretely changes the lives of those who are affected, as well as strengthening the business as a whole.

For more information:

Accommodation Ideas for Cancer

EEOC Fact Sheet: Questions and Answers About Cancer in the Workplace and ADA