JAN Newsletter - December 2022

Question

If an employer’s facility conforms to the ADA Accessibility Guidelines, does the employer have to consider employee accommodation requests for additional modifications to the facility?

Answer

Yes. The employer's obligation under Title I of the ADA is to provide access for an individual applicant to participate in the job application process and for an individual employee with a disability to perform the essential functions of the job, including access to a building, to the worksite, to needed equipment, and to all facilities used by employees. The employer must provide such access unless it would cause an undue hardship. While the ADA Accessibility Guidelines are a good starting point, modifications should meet an individual's unique job-related needs. See section 3.10.1 in the Title I Technical Assistance Manual.

Many employers have chosen to continue telework. For this reason, some are downsizing the workspace and moving to shared workspaces without assigned workstations. Before taking this step, employers should consider the needs of employees who require workstation accommodations such as ergonomic design, alternative lighting, minimal distractions, fragrance-free environments, etc. Accommodation needs should be approached on a case-by-case basis, but when considering shared workspace, it may be possible to build in flexibility to make shared workspace more accessible for employees with disabilities and ease the implementation of accommodations when necessary. Read Making Shared Workspace More Accessible for Employees with Disabilities.

• Accessible Computer Workstations: A Snapshot
• Accessible Live Training Events
• Accommodation and Compliance: Accessibility
• Creating an Accessible and Welcoming Workplace
• Guidance on Web Accessibility and the ADA
• Guide to the ADA Accessibility Standards
• Making the Online Application Process Accessible Under the Americans with Disabilities Act (ADA)
• Teleconference Accessibility and Hearing — Keeping Deaf and Hard of Hearing Employees in the Loop
• Telework and Accessibility

JAN Webcast Series Begins with "Ask JAN! Q&A"

"Ask JAN! Q&A" is the first webcast offered as part of the 2023 JAN Accommodation and Compliance Webcast Series. This free monthly training is presented by JAN staff and guest speakers and covers a range of job accommodation, ADA/Rehabilitation Act, and other disability employment topics. The webcast "Ask JAN! Q&A" will provide an opportunity to learn about trending job accommodation and ADA topics and receive answers to questions about navigating the accommodation process.

View the JAN Webcast Series and register to attend.

New from JAN! "Accommodation and Compliance: Long COVID"

"Accommodation and Compliance: Long COVID" is a new JAN A to Z resource that includes information about Long COVID, the Americans with Disabilities Act (ADA), and key accommodations for helping workers with Long COVID successfully stay at or return to work once ready.

Read "Accommodation and Compliance: Long COVID."

EARN to Offer Webinar on "Organization-Wide Accessibility"

Accessibility is the foundation of an inclusive, supportive workplace. To support all employees, including those with disabilities, it’s important that staff at every level understand and embrace a holistic and organization-wide accessibility plan. EARN will host a free webinar that will offer effective strategies employers can use to develop and sustain a fully accessible workplace. Attend "Organization-Wide Accessibility: Everyone Plays a Part" on February 15, 2023 at 2:00 p.m. Eastern.

Register to attend EARN's webinar.

Workforce Recruitment Program Talent Database Open

The Workforce Recruitment Program (WRP) is a recruitment and referral program that connects federal and private-sector employers nationwide with highly motivated college students and recent graduates with disabilities who are eager to demonstrate their abilities in the workplace through summer or permanent jobs. The 2023 WRP talent database is now available to help federal agencies connect with qualified candidates with disabilities.

Federal employers: Register to view the WRP talent database

Federal employers: Register for a WRP federal employer webinar