Strategies for Developing a Transgender-Inclusive Workplace

Posted by Kim Cordingly on October 14, 2015 under Accommodations, Employers, Organizations | Comments are off for this article

By: Tracie DeFreitas, Lead Consultant – ADA Specialist

Inclusion. Equality. Fairness. Respect. It’s reasonable to say that all of these words have significant meaning to everyone, particularly at work. All employees should be able to participate in, and contribute to, the progress and success of an organization by being included, by being afforded equal rights, and by being treated fairly and respectfully. However, sometimes employees feel they cannot be themselves at work and will not fully engage as part of the team if they don’t believe these basic human rights can be realized – if the workplace is not inclusive of all employees or the culture is not forward-thinking. This can be especially true for individuals who transition from one gender to another, or who identify as a different gender than what they were assigned at birth.

JAN receives inquiries from employers seeking information about ways to include transgender employees in the workplace. Transgender is a term for people whose gender identity, expression, or behavior are different from those typically associated with their assigned sex at birth (NCTE, 2015). For example, a transgender man may have been assigned female at birth, but identifies as a man. Many of the inquiries JAN receives related to transgender issues come from employers who have an employee who has been employed for some time and is known as one gender, but is transitioning to a different gender. Our discussions with employers and others often center-around supporting the employee’s transition and making modifications at work that ensure that transgender employees are able to work in a manner consistent with how they live their daily lives, based on their gender identity.

The Americans with Disabilities (ADA) does not apply to situations involving workers who are transgender because being transgender is not considered a disability under the ADA. However, more and more businesses are recognizing the need to establish policies related to accommodating transgender workers – without an established federal mandate to do so. The accommodation process can be similar to that applied to workers with disabilities. When a transgender employee makes the employer aware of his or her transition and identifies work-related needs as part of the process, it’s time to have an open dialogue with the employee to discuss the employee’s needs, work-related barriers, and solutions for overcoming those barriers. Ask how the environment or means of communication can be adapted to promote inclusion and make the effort to maintain a supportive work environment that enables the individual to be him or herself. It’s also critically important to educate human resource personnel, supervisors, and managers about respectfully discussing transgender issues with employees.

Having gender transition guidelines available for human resource personnel and supervisors and managers will prepare staff to appropriately communicate with transgender employees and manage accommodation situations. The Human Rights Campaign (HRC) offers practical information and examples of gender transition guidelines that can be adapted and implemented to promote a transgender-inclusive business. To learn more, see HRC’s Workplace Gender Transition Guidelines. For examples of guidelines implemented by national corporations, see Chevron’s Gender Transition Guidelines and Ernst & Young’s Gender Transition Guidelines.

There are many ways to support transgender workers. The following suggestions will be useful to businesses trying to promote a transgender-inclusive workplace:

  • Educate staff about what “transgender” means. A transgender person is someone whose sex assigned at birth is different from who they know they are on the inside. This includes people who have medically transitioned to align their internal knowledge of gender with their physical presentation and those who have not medically transitioned (HRC, 2015).
  • Train management staff to lead by example by treating transgender workers respectfully and fairly, and by becoming part of the individual’s support team.
  • Respect the name a transgender person is using. During the transition process, an individual will often change his or her name to align with their gender identity.
  • Use the individual’s preferred pronoun and encourage others to do so. For example, when an individual presents as female, use feminine references like she, her, hers. When a person presents as male, use masculine references like he, him, his. In uncertain cases, use the person’s first name (GLAAD, 2015).
  • Talk with the individual about ways to communicate his or her transition to others they must interact with at work – if the employee would like others to be informed. Ask if he or she wishes to inform their manager, co-workers, clients, etc. on their own, or if he or she prefers that this be done by the employer. Learn what information the employee would and would not like to share with others.
  • Remove gender-specific rules from a dress code or grooming policy.
  • Permit employees to use the restroom facilities that correspond with their gender identity. Employers may also establish single-occupancy gender-neutral (unisex) facilities or allow use of multiple-occupant, gender-neutral restroom facilities with lockable single occupant stalls. The Occupational Safety and Health Administration (OSHA) has issued transgender inclusive restroom access guidelines. For more information, go to Best Practices: A Guide to Restroom Access for Transgender Workers.
  • Allow a flexible schedule and permit the use of leave for medical procedures.
  • Discuss if there is a preference to remain in his or her current position or to consider reassignment to another position during transition.
  • Update name and gender designations for human resource and administrative records once an employee has officially transitioned. Also, update employment-related photo identification.
  • Finally, respect the individual’s privacy and allow him or her the right to be who they are.

References

National Center for Transgender Equality. (2015). Transgender Terminology. Retrieved June 19, 2015 from http://transequality.org/issues/resources/transgender-terminology

Human Rights Campaign. (2015). Reporting About Transgender People? Read This. HRC’s Brief Guide to Getting It Right. Retrieved July 31, 2015 from http://www.hrc.org/resources/entry/reporting-about-transgender-people-read-this

Human Rights Campaign. (2015). Workplace Gender Transition Guidelines. Retrieved July 17, 2015 from http://www.hrc.org/resources/entry/workplace-gender-transition-guidelines

GLAAD. (2015). GLAAD’s Tips for Allies of Transgender People. Retrieved July 31, 2015 from http://www.glaad.org/transgender/allies

Mental Health Awareness – Creating a More Inclusive Workplace

Posted by Kim Cordingly on October 9, 2015 under Accommodations, Employers, Organizations | Comments are off for this article

By Daniel Tucker, Consultant — Cognitive/Neurological Team

October 10th is World Mental Health Day. Originally celebrated in 1992 as an initiative of the World Federation for Mental Health, its objectives included raising awareness of mental health issues throughout the world; encouraging individuals to educate themselves about mental health; and searching for ways to provide greater supports. With this in mind, we wanted to draw attention to the prevalence of mental health conditions, common misconceptions, and steps employers can take to foster a supportive and inclusive work environment.

According to a National Institute of Mental Health (NIMH) survey, approximately 43.8 million adults experience some form of mental health condition in a given year. That’s 18.5 percent or nearly 1 in 5 of all adults in the U.S. It’s a common misconception that mental health impairments affect a small number of individuals. These statistics show that mental health conditions as a whole are actually relatively common.

Given these statistics and the number of individuals employed or seeking employment with mental health impairments, employers may want to consider steps they can take to raise awareness in the workplace. With October being National Disability Employment Awareness Month, it’s a good time to consider providing disability awareness training where topics relevant to mental health can be discussed. By bringing attention to the fact that mental health conditions are common, and only one part of a person’s identity, employers may help reduce the still pervasive stigma around mental illness, and make employees feel more comfortable and supported in the workplace.

In terms of disability etiquette, it’s important to know how to talk about mental health in a way that is respectful rather than offensive. For example, the terms “mental defective,” “afflicted,” “victim of,” and “sufferer of” are generally antiquated and offensive. The terms “mental health impairment” and “psychiatric impairment” are generally accepted, and individuals may have a personal preference as to what terms they prefer. Also, it’s generally better to use person first language – focusing on the person first, not the disability. For example, “an employee with bipolar disorder,” as opposed to “a bipolar employee.” When speaking with an employee that has disclosed a mental health impairment, it may be helpful to listen for the words they use to describe themselves, and to ask whether they have a preference about what terms you use.

The Employer Assistance and Resource Network (EARN) offers employers numerous resources for creating a more inclusive workplace including information on disability etiquette.

JAN also offers a wide variety of resources to support the successful employment of individuals with mental health impairments.

If you have a specific situation or question you’d like to discuss with a JAN consultant, we encourage you to contact us directly or visit AskJAN.org.

References:

Any Mental Illness (AMI) Among Adults. (n.d.). Retrieved October 7, 2015, from http://www.nimh.nih.gov/health/statistics/prevalence/any-mental-illness-ami-among-adults.shtml.

Substance Abuse and Mental Health Services Administration, Results from the 2013 National Survey on Drug Use and Health: Mental Health Findings, NSDUH Series H-49, HHS Publication No. (SMA) 14-4887. Rockville, MD: Substance Abuse and Mental Health Services Administration, 2014.

Healthcare Workers with Motor Impairments – Part 2

Posted by Kim Cordingly on August 18, 2015 under Accommodations, Employers, Products / Technology | Comments are off for this article

By: Elisabeth Simpson, Lead Consultant – Motor Team

In this final segment of the 2-part Blog on accommodations for healthcare workers with motor impairments, JAN Lead Consultant Elisabeth Simpson, MS., CRC, in collaboration with the founder of the non-profit resource network Exceptional Nurse, Dr. Donna Carol Maheady, continues the discussion on some of the more complex accommodation questions JAN Motor Team consultants are fielding. Seven questions were directed to Dr. Maheady. This month we will be looking at the remaining four questions and offering resources and information on the topic.

Questions:

1) When a limited schedule is needed (e.g., 10 hour shift in place of a 12 hour shift), would allowing this for one nurse on a unit really be a hardship for the other nurses working?

The accommodation of a schedule modification, as well as modifications of a workplace policy regarding scheduling, are a couple of types of accommodations an employer would need to consider providing, absent undue hardship. The EEOC’s Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act (ADA) offers guidance on this area of accommodation that might be useful for an employer or individual to review.

According to Dr. Maheady, in some cases an employer may be able to limit an individual’s schedule without it posing a hardship. However, in most situations, nurses are working with limited staff and adding additional work can be problematic for various reasons. Safe staffing ratios are critical to patient care outcomes and allowing a nurse to leave early or come in late could impact safe staffing ratios.

Alternative options could be to consider accommodations that would enable an individual to work the hours required. This could include periodic breaks, modifying policies around eating and drinking, providing equipment, or restructuring a job to reallocate marginal functions. Reassignment may be necessary if accommodations would not be effective or would pose a hardship. This type of accommodation may also be necessary if an individual needs to limit hours to the extent at which they would be working part time rather than full time.

2) For medical professionals with upper extremity limitations, what are some alternative ways to place a catheter (male or female)? Is maintaining a sterile field ever a concern?

It depends on many factors (age of patient, patient’s condition, etc.). For males, in some instances, it is appropriate to have the patient assist while placing the catheter. Also, if teaching the patient to self-catheterize (or a family member), this is part of the teaching/learning process.

What would work best is to have a second person, possibly a nurses’ aid or family member, don gloves and assist. Then the individual can don gloves, clean the meatus, and insert the catheter. Dr. Maheady notes that, in her experience, many nurses ask for assistance, disabled or not.

3) How can a medical professional who uses a cane or mobility device address concerns around sterilizing the device?

In these situations, Dr. Maheady recommends that the Infection Control Department or designee should always be consulted. There may be specific infection control issues related to a facility or unit. Collaboration with all parties in determining effective solutions can help to speed up the process and ensure that policies and procedures around sterilization are kept in mind.

Concerns around cane or wheelchair use in sterile medical environments can be addressed by:

  • Having two wheelchairs available and keeping one chair in a sterile area. The individual could switch chairs in a dedicated area.
  • Using wheelchair tire covers.
  • Wheeling into the room with one pair of gloves and changing to a new pair of gloves before touching the patient.
  • Surgical gowns could also be used to cover exposed areas of the chair.
  • A long narrow plastic bag (like ones for wet umbrellas) could be used with a cane and taped around the cane to secure. Bags could be changed as needed.

It is important to note that in general patient care areas, nurses do not sterilize their shoes, sneakers or clogs. An employer would not want to unnecessarily impose more stringent rules or requirements for employees with disabilities as this could be a violation of the ADA.

4) When a patient lifting device is not available, what are some alternative options that a medical professional with a lifting restriction could consider?

This is another situation where job restructuring may be the most effective form of accommodation for individuals who have lifting restrictions and are working in healthcare positions that require them to lift. Job restructuring can be an adjustment in how and when a job is performed, including reallocating or eliminating marginal functions of a job. However, the EEOC has indicated that an employer is not required to reallocate essential functions of a job as a reasonable accommodation. Although an employer is not required to reallocate essential job functions, it may be a reasonable accommodation to modify the essential functions of a job by changing when or how they are done.

While there may be a common or typical way a job function is performed by healthcare workers, such as patient lifting techniques, individuals with a disabilities should be given the option to perform the same job task in a manner that works best for them while keeping patient care and safety in mind. For example, an individual could be permitted to ask for assistance when lifting a patient. Team lifting, or lift buddies, can also be a solution. However, there will still be risks associated with lifting patients and injuries can occur with any employee, not just those with restrictions. It is important to remember that team members have different strengths and body sizes and may contribute differently when lifting a patient.

Ultimately, if an individual is not able to lift patients even with accommodations, reassignment would need to be considered. Reassigning the individual to another unit (e.g., pediatrics, newborn nursery) where there is a vacant position could be explored.

JAN and Elisabeth would like to extend our appreciation to Dr. Maheady for her assistance in answering these common, but difficult questions related to healthcare workers with motor impairments. For assistance in determining accommodation options for individuals with motor impairments, JAN consultants are ready to assist!

Healthcare Workers with Motor Impairments

Posted by Kim Cordingly on July 1, 2015 under Accommodations, Employers, Organizations, Products / Technology | Comments are off for this article

By: Elisabeth Simpson, Lead Consultant – Motor Team

According to the Bureau of Labor Statistics (2013), the health care and social assistance sector will account for almost a third of the projected job growth between 2012 and 2022. With 16,971,800 healthcare workers employed in the United States in 2012 (Bureau of Labor Statistics, 2013), accommodations for those with disabilities working, or planning to work in, the healthcare field is a timely topic to be discussing.

With the over ten thousand calls JAN has received related to accommodations in healthcare settings, JAN consultants can offer a wealth of experience with accommodation situations. For healthcare workers with motor impairments such as carpal tunnel, back conditions, leg impairments, or arthritis, certain job duties – tasks such as lifting, carrying, moving, transferring, standing, walking, manipulating extremities, and positioning individuals for activities of daily living or physical therapy – may be difficult to perform without accommodations.

There are a variety of accommodation options that can be implemented in order for an employee to perform the essential functions of the job. Proper lifting techniques, lowering adjustable exam tables and equipment (low-lipped showers), ergonomic layouts for equipment (cranks and handles on beds and carts) and supplies (storing items at waist height, lowering bed rails when attending to patient needs, etc.), and team lifting are beneficial work site and procedural changes.

Still, accommodation situations in healthcare settings can be tricky or complicated. When this is the case, JAN consultants might turn to other experts in the field for assistance so that those contacting us for guidance are provided with the most beneficial and accurate information. For this two part blog, I collaborated with the founder of the non-profit resource network Exceptional Nurse, Dr. Donna Carol Maheady, to discuss some of the more complex accommodation questions JAN Motor Team consultants are fielding. Seven questions were directed to Dr. Maheady. This month we will be looking at the first three questions and offering resources and information on the topic.

Questions:

1) For medical professionals with either a hand or arm amputation OR restrictions that limit the use of one hand, what are some alternative methods for giving injections? What about placing IV’s?

According to the Equal Employment Opportunity Commission (EEOC), a reasonable accommodation must be provided to enable a qualified employee with a disability to perform the essential functions of a job currently held. In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.

Job restructuring may be the most effective form of accommodation for individuals who have limited or no use of one hand and are working in healthcare positions that require them to perform injections, place IV’s, etc. Job restructuring can be an adjustment in how and when a job is performed, including reallocating or eliminating marginal functions of a job. However, the EEOC has indicated that an employer is not required to reallocate essential functions of a job as a reasonable accommodation. Although an employer is not required to reallocate essential job functions, it may be a reasonable accommodation to modify the essential functions of a job by changing when or how they are done.

While there may be a common or typical way a job function is performed by healthcare workers, such as placing an IV, an individual with a disability should be given the option to perform the same job task in a manner that works best for them while keeping patient care and safety in mind. Time to practice clinical skills or tasks may be needed as part of the accommodation.

A number of videos and articles are offered as an additional resource to support the work of those with motor impairments in healthcare settings:

Videos

Foreign object removal with prosthesis

Adult CPR with prosthesis

Nursing with the hand you are given

Disabled Nurse: Focus on abilities

Danielle’s story (nurse missing her lower arm)

A sequence of photos demonstrating the donning of sterile gloves with one hand can be found within the article: “Nursing with the Hand You Are Given

Articles and Book Chapters

In the book Leave No Nurse Behind: Nurses Working with Disabilities by Donna Maheady, Susan Fleming (nurse born missing her left hand) wrote a chapter about her journey.

In the book The Exceptional Nurse: Tales from the Trenches of Truly Resilient Nurses Working with Disabilities, edited by Donna Maheady, Connie Stallone Adleman wrote a chapter called “Loving Ourselves Exactly as We Are: Nursing after a Stroke.”

In the article “Missing a Limb but Not a Heart,” Carey Amsden, RN, discussed how she practiced performing certain job tasks with the use of one arm, such as starting an IV, and donning a sterile glove in nursing school and has been able to successfully work in the field of nursing.

2) For medical professionals who need to wear a brace or post-burn glove, how can concerns around sterility be addressed?

An employer may require as a qualification standard that an individual not pose a “direct threat” to the health or safety of the individual or others, if this standard is applied to all applicants for a particular job. Additionally, employers may comply with medical and safety requirements established under other Federal laws without violating the ADA.

However, an employer still has an obligation to consider whether there is a reasonable accommodation, consistent with the requirements of other Federal laws, which would not exclude individuals who can perform jobs safely. In situations where sterility is a concern, alternatives to standard practices should be explored with the individual.

One option could be for the employee to wear a sterile glove (perhaps a larger size), gown or drape over the brace or glove. In doing this, sterility would be addressed to the same standard that others would be held to.

It is also recommended that the Infection Control Department or designee be consulted. There may be specific infection control issues related to a particular facility or unit to consider.

3) Are there alternatives to taking a leave of absence during flu season for medical professionals who are not able to receive the flu vaccine?

Flu season, in some areas, can last a while and a leave of absence may not be feasible or could pose an undue hardship to the employer. Alternative options for accommodating those who are not able to receive the flu vaccine can include: allowing the employee to wearing a mask or protective gear, reassigning the employee to a position that does not require direct-patient contact, considering flu shot alternatives, modifying a policy if applicable and depending on state law, or allowing an extended leave and offering reassignment to a vacant position upon return. For more information, see the following article: “Vaccinating the Health-Care Workforce: State Law vs Institutional Requirements.”

Next month we will be exploring schedule modifications and specific work tasks, so stay tuned!

Resources:

Monthly Labor Review (2013). Bureau of Labor Statistics. Retrieved from http://www.bls.gov/opub/mlr/2013/article/industry-employment-and-output-projections-to-2022-1.htm

The Power of the Doodle

Posted by Kim Cordingly on June 5, 2015 under Accommodations, Employers | Read the First Comment

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

Doodle

Are you a doodler? If you are, then you know how much your concentration and focus are improved while you doodle. If you aren’t a doodler, you just might not understand. Look up the term in a dictionary and you will find several similar definitions: wasting time in aimless or foolish activity, killing time, or drawing while bored. These definitions couldn’t be further from the truth. We receive questions at JAN from employees who say that doodling helps them stay focused and remember more from meetings, while their employers think that doodling is a sign of boredom, inattention, or preoccupation with something else.

Full disclosure — I am a doodler so I know its power. Now we have more than the word of those who understand and experience its potential — we have research that confirms what we doodlers have known all along.

In a nutshell, here is what was noted in this study. Forty participants monitored a monotonous mock telephone message for the names of people coming to a party. Half of the group was randomly assigned to a ‘doodling’ condition where they shaded printed shapes while listening to the telephone call. When given a surprise memory test, the doodling group performed better on the monitoring task and recalled 29% more information.

Unlike many multi-tasking situations, doodling while working can be beneficial. Doodling can help thoughts come together, solidify ideas, sustain attention, process information, and ease tension. That is a big benefit for some aimless scribbling, isn’t it? Are you wondering what it is that people doodle? Doodles take many forms, from abstract patterns or designs to images of objects, landscapes, people, or faces. Some people doodle by retracing words or letters, even writing a name over and over.

Questions from JAN callers have included “Can I be allowed to doodle as an accommodation?” and “Can my employer really stop me from doodling?” The answer to that would be to look at what is effective for each individual. If doodling truly does provide benefits to the employee such as increasing attention, focus, and information processing, why would the employer want it to stop? If a coworker can take notes of a meeting to distribute to all employees, then the employee who needs to doodle gets an effective double bonus. She gets to doodle and increase her attention, focus, and concentration, and receive the written notes as a back-up. While doodling may not be appropriate in every situation, it might be prudent to seriously consider the benefits for employees who claim its advantages.

Citation:

Andrade, J. (2010), What does doodling do?. Appl. Cognit. Psychol., 24: 100–106. doi: 10.1002/acp.1561

 

Autism Spectrum Disorders (ASD) and Disability Awareness Training

Posted by Kim Cordingly on April 22, 2015 under Accommodations, Employers, Organizations | Comments are off for this article

By: Daniel Tucker, Consultant – Cognitive/Neurological Team

April is Autism Awareness Month, and in honor of that, we wanted to touch on how to accommodate employees with ASD by incorporating disability awareness training into the process. In many cases, the problem an employee may be having at work is related to social interaction and communication. Because individuals with ASD may have deficits in understanding social cues and norms of communication, they may have difficulty working effectively with coworkers. Something employers may want to consider in such circumstances is providing disability awareness training. This could be a broad training that covers disabilities generally, but in some cases, it may be beneficial to have a training specific to the disability. This will allow an employee (with his consent) to be a part of the training process and to explain how the disability specifically affects him. This empowers the employee to suggest steps that may be taken to help with more effective interaction and communication.

When coworkers are not aware of the characteristics of ASD, miscommunication can easily arise. For example, in some cases an individual with ASD may speak louder than is appropriate in a given situation. This could be perceived as aggressive or dominant behavior by coworkers, when in fact the employee doesn’t even realize he is speaking loudly. An individual with ASD may also seem to display inappropriate affect, such as not smiling when greeting someone. These behaviors can be considered rude, but in actuality, the individual may have no idea that his actions are being perceived this way; his behavior is simply being misunderstood.

Disability awareness may be able to address this particular issue to some extent because when coworkers are aware of the unique communication differences that individuals with ASD exhibit, they may be more tolerant and able to find better ways to interact and ensure they are being understood by the employee as well. It may be beneficial to have agreed upon “signal words” that a coworker can use when the employee is speaking too loudly, for example. The employee can then rely on the feedback of coworkers to make adjustments as needed.

It is important to stress that this type of training should only be done with the permission of the employee. Employers should not try to push an employee into talking about a disability if he is not comfortable doing so. It has been our experience at JAN that many employees would appreciate the opportunity to have an open conversation about their disability if it means the possibility of better working relationships with coworkers and a better chance of being successful in their work.

Requesting Accommodations Due to Pregnancy-related Limitations

Posted by Kim Cordingly on April 17, 2015 under Accommodations, ADAAA, Employers | Comments are off for this article

By: Tracie DeFreitas, M.S., Lead Consultant, ADA Specialist

Congratulations, you’re having a baby! You’re overwhelmed with thoughts about designing a nursery, buying baby clothes, diapers (lots of diapers), and meeting your baby for the first time. Pregnancy can be a joyous and exciting time, but it can also present challenges for some workers who experience limitations or complications associated with their pregnancy. This can lead to the need to request job-related changes at work to help you meet the demands of the job and stay-on-track with the pregnancy. Workers who are pregnant should engage in an interactive process with their employer to identify ways to manage the potential impact of pregnancy-related limitations on the performance of their job functions.

Before engaging in an interactive process with your employer, learn about the various laws that offer workplace protections for pregnant workers. You don’t have to be an expert in the laws, but it helps to know which laws can apply to your situation. For example, you may be entitled to job modifications/reasonable accommodations under federal laws like the Pregnancy Discrimination Act (PDA) or the Americans with Disabilities Act (ADA). You may also be eligible for unpaid leave under the federal Family and Medical Leave Act (FMLA). There are also many state and local non-discrimination, pregnancy-disability, and family leave laws that apply to workers who are pregnant.

Under the PDA, a covered employer is responsible for making job-related modifications [also thought of as accommodations] for pregnant workers that are similar to those made for other employees who are temporarily unable to perform job functions. The duty to request a change in job duties falls on the employee who is pregnant. An employer can request reasonable documentation of the employee’s limitations if this is what the employer requires of employees who seek workplace changes for reasons other than pregnancy. A change in duties may include light duty, alternative assignments, additional breaks, or unpaid leave, if these types of modifications are provided to other workers who are not pregnant but are similarly limited.

Pregnancy alone is not considered a disability under the ADA (because it is not an impairment), but a worker who is pregnant can be protected under the ADA in some situations. Changes in the interpretation of the definition of the term “disability” resulting from enactment of the ADA Amendments Act (ADAAA) make it easier for workers who are expecting who have pregnancy-related impairments to demonstrate that they have disabilities for which they may be entitled to reasonable accommodation under the ADAAA (EEOC, 2014). For example, a pregnant employee may be entitled to reasonable accommodation for substantial limitations resulting from pregnancy-related complications, or for limitations resulting from an exacerbation of an existing impairment, due to pregnancy (e.g., pregnancy-related anemia, gestational diabetes, preeclampsia, substantial lifting restrictions, bed rest, etc.). Accommodations can include a modified schedule, ability to have snacks or drinks at a workstation, a modified attendance policy, frequent breaks, light duty, or leave, among other solutions.

When a job-related change is needed at work because of limitations or complications associated with pregnancy, it is suggested that these changes be requested in writing. Sometimes it’s useful to have a paper trail in case there is a dispute about whether or when you requested an accommodation. Support your request with information from your medical provider regarding your limitations and restrictions. No particular law must be mentioned in your letter, but you’ll want to explain what medical limitations are affecting your ability to perform job functions. This is sufficient to establish a request for accommodation and then that is when the interactive process begins.

JAN offers a document to guide employees in drafting a written request for accommodation. This document is ADA-focused, but can be used as a guide to make a written request for job-related modifications in general, under the PDA or other laws, if ADA is not applicable. For more information see JAN’s How to Request an Accommodation.

After an accommodation is requested, an employer must determine if the employee qualifies and if the accommodation that is being requested is reasonable. Employers are not required to change or eliminate essential job functions or lower production standards as a reasonable accommodation. An employee who is pregnant can be held to the same production standards as others in their job category. For information about accommodation ideas for workers who are pregnant, see the JAN Website.

JAN Consultants can assist workers who are pregnant and their employers by offering information and technical assistance regarding applicable laws, guiding them through the interactive process, and providing accommodation solutions and resources. For additional guidance, contact JAN directly. To learn more about your rights under the PDA, ADA, FMLA, and state laws, see the following resources:

Pregnancy Discrimination Fact Sheet

EEOC Enforcement Guidance on Pregnancy Discrimination and Related Issues (EEOC, 2014)

Questions and Answers about the EEOC’s Enforcement Guidance on Pregnancy Discrimination and Related Issues

The U.S. Department of Labor, Wage & Hour Division — FMLA information

The U.S. Department of Labor also maintains a Website that provides information about state-level employment protections for workers who are pregnant or nursing.

 

Brain Injury Awareness Month

Posted by Kim Cordingly on March 27, 2015 under Accommodations, Employers, Organizations | Comments are off for this article

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

March is Brain Injury Awareness Month. The theme for the 2015 to 2017 campaign is: Not Alone.

The Not Alone campaign provides a platform for educating the general public about the incidence of brain injury in the U.S. and the needs of people with brain injuries and their families. The campaign also lends itself to outreach within the brain injury community to de-stigmatize the injury, empower those who have survived, and promote the many types of support that are available.

The Job Accommodation Network has just released a brain injury training module this month in conjunction with the national awareness campaign. This module will be helpful to employers, employees, family members, and others who are interested in information on the potential impact of a brain injury on an employee’s experience in the workplace. In particular, the module presents information on effective accommodations that can be provided to help employees with brain injuries be more successful in the workplace. Our hope is that this training module will educate and promote a better understanding of brain injuries and the impact they have on employment.

In this module, you will find information on:

  • Disclosing a brain injury to an employer;
  • Understanding the three reasons why it might be necessary to disclose a disability and how to go about doing so;
  • Learning about the medical information that may be required by the employer;
  • Discovering effective accommodations for physical and visual limitations and difficulties with maintaining stamina and concentration;
  • Exploring accommodation options for organizational and problem-solving challenges, as well as memory difficulties and handling change, stress, and emotions.

Real-life situations and solutions are interspersed throughout the module to help show how practical and successful accommodations can be.

In addition to the training module, the JAN Website includes a variety of resources on accommodations ideas for brain Injury in the workplace.

February Heart Health — Accommodating Employees with Pacemakers in the Workplace

Posted by Kim Cordingly on February 26, 2015 under Accommodations, Employers, Organizations, Products / Technology | Comments are off for this article

By: Sheryl Grossman, Consultant – Motor Team

For some, the month of February is about expressing love for family, friends, and even co-workers. For others, February is about thawing out from the cold and dark of winter and beginning to realize results from health commitments made in the New Year — to eating a healthier diet, exercising more regularly, and improving overall heart health.

However, for those who have experienced a heart attack, atrial fibrillation, or other heart conditions requiring a pacemaker to assist in maintaining a normal rhythm, February like any other month is a time to focus on the love of one’s work and new heart related concerns. This may seem particularly daunting to those who work around utility lines, strong electrical/medical equipment, or near the potential for a spark, like when welding. Electro-magnetic radiation emanating from these devices may cause electro-magnetic interference (EMI) that can interrupt the pacemaker’s functioning.

Fortunately, advances in occupational safety allow for job accommodations that may not have been possible years ago. The American Radio Relay League (ARRL) provides many suggestions for working around electrical appliances, cellular telephones, medical devices, and when working as arc welders if an individual has a pacemaker.

Due to increased exposure of those with pacemakers to EMI-producing elements in their day to day lives, pacemaker manufacturers have responded with more and better implant protection; however, this cannot protect against all incidents of exposure. For this reason many people using pacemakers also use an EMI detector to warn them of an EMI source above the threshold for their implanted device in the near vicinity. Most individuals will experience only minor and temporary interference with their implants when exposed and this will most often disappear as they move away from the source of the interference.

Employers can assist these individuals who are returning to work by:

  1. Ensuring electrical appliances and equipment are well-maintained to prevent leakage and sparking;
  2. Shielding gas-powered generators and gas-powered saws;
  3. Providing EMI protective gear for these workers;
  4. Providing electro-magnetic frequency (EMF) blocking/shielding devices and appropriate long-corded, headsets for cellular telephones;
  5. Allowing the use of an EMI detector and the ability for one to move away from an area if the alarm goes off.

On the JAN Website, you can find additional tips for accommodating people using pacemakers in the workplace.

February is National Jewish Disability Awareness Month

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

By: Sheryl Grossman, Consultant – Motor Team

For the past 7 years, February has been designated as National Jewish Disability Awareness Month in the United States. Across the country, Jewish organizations have initiated programming and embarked on construction projects aimed at creating fully inclusive communities, including the world of work. While there are hundreds of organizations participating in this nationwide effort, we’d like to highlight two of these that have focused in particular on employment.

RespectAbilityUSA

RespectAbilityUSA is a national, non-profit organization working to enable people with disabilities to achieve the American dream. Jennifer Laszlo Mizrahi, in her role as president states, “Indeed, Jews with disabilities and their families have the same hopes and dreams as everyone else, even if they face different challenges. Many people with disabilities can be fantastic employees — when they are fully welcomed and included.”

She goes on to say, “People with disabilities bring unique characteristics and talents to workplaces that benefit employers and staff.” She continues, “The majority of working age people with disabilities want to work and they deserve the opportunity to achieve the American dream.” To this end, RespectAbility has introduced a toolkit to assist those with disabilities to obtain competitive employment.

Ruderman Family Foundation

Jay Ruderman, president of the Ruderman Family Foundation, is looking to achieve full inclusion in all aspects of community life. He emphasizes, “The surest path to full inclusion in our society comes from meaningful employment. People with disabilities are the most excluded members of our society because they are unemployed at the rate of 70 percent.” As a result, he said, “We must hold up as shining examples those employers who have demonstrated a commitment to hiring people with disabilities.” The Ruderman Family Foundation, in partnership with the Jewish Week Media Group, has now launched its “Best In Business Campaign” to do just that.

While February is National Jewish Disability Awareness Month, inclusion happens 365 days per year. For tips on how your business can be fully inclusive by hiring and retaining more workers with disabilities, visit the JAN Website.