JAN Newsletter - May 2023

Question

We require that employees with disabilities provide medical documentation from an appropriate health care provider to substantiate the need for accommodations. With the increase in requests for accommodations related to new mental health diagnoses, we are finding that some employees are having difficulty getting appointments with psychiatrists and psychologists in a timely manner. What options do we have when this happens?

Answer

According to the Equal Employment Opportunity Commission, employers cannot ask for documentation when: (1) both the disability and the need for reasonable accommodation are obvious, or (2) the individual has already provided the employer with sufficient information to substantiate that the individual has a disability and needs the reasonable accommodation. When there is a valid reason to ask for documentation, employers may request that it come from an appropriate health care professional. However, employers are not required to request medical documentation from a specific type of health care provider. In many cases, an employee’s primary care physician or licensed mental health provider is an appropriate health care professional to provide documentation. The purpose of documentation is to help employers better understand an employee’s disability-related limitations and how they currently affect the ability of the employee to do the job. A health care provider who is familiar with the employee may have much better insight into what the employee is experiencing at this time than a new provider. A licensed mental health provider (e.g., therapist, counselor, social worker), for the same reason, may be able to provide sufficient information about the employee’s limitations and accommodation needs based on the duration of time they have been engaged in a professional relationship. For more information, see Who Can Provide Medical Documentation for ADA Purposes? and The Mental Health Provider's Role in a Client's Request for a Reasonable Accommodation at Work.

Considering the Pandemic and the scope of the changes we have all experienced in the last several years, we can understand how stress and anxiety may have increased in peoples’ lives. JAN offers accommodation solutions to reduce or eliminate stress and anxiety at work, enabling employees to continue to work more successfully:

• Accommodation and Compliance Series: Employees with Anxiety Disorder
• Dealing with Stress in the Workplace  
• Dealing with Stress in the Workplace, Part 2

• Accommodation and Compliance Series: Employees with Anxiety Disorder
• Accommodation and Compliance Series: Employees with Mental Health Conditions
• CDC's Taking Care of Your Mental Health
• Dealing with Stress in the Workplace  
• Dealing with Stress in the Workplace, Part 2
• EEOC's Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights
• EEOC's The Mental Health Provider's Role in a Client's Request for a Reasonable Accommodation at Work
• Executive Functioning Deficits
• Supporting Employees with Mental Health and Cognitive Conditions while Teleworking
• Who Can Provide Medical Documentation for ADA Purposes?
• U.S. Department of Labor: Mental Health at Work

JAN Low Cost, High Impact Study Shows Benefits of Accommodations

A survey conducted by JAN indicates workplace accommodations are not only frequently low in cost, but also positively impact the workplace in many ways. The JAN Low Cost, High Impact report includes key findings based on a survey of employers over the past four years. The study shows that nearly half (49.4%) of accommodations cost nothing to implement, and 43.3% incur a one-time median cost of only $300. In addition, a majority (68.4%) of employers surveyed reported that the accommodation they made was either very effective or extremely effective, leading to multiple direct and indirect benefits.
Read the JAN Study Findings

National Disability Employment Awareness Month 2023 Theme Announced

To mark two significant events in 2023 for people with disabilities, the U.S. Department of Labor recently announced its Office of Disability Employment Policy (ODEP) has selected themes to promote National Disability Employment Awareness Month (NDEAM) and honor the 50th anniversary of the passage of the Rehabilitation Act of 1973. ODEP has chosen “Advancing Access and Equity” as its theme for NDEAM in 2023. Observed each October, NDEAM celebrates the contributions of America’s workers with disabilities past and present and showcases supportive, inclusive policies, and practices that benefit employees and employers alike.
Learn More about the NDEAM theme

Registration Open for Respiratory JAN Webcast

Respiratory conditions, allergies, and environmental sensitivities can be challenging to understand and accommodate. Join the JAN Sensory Team for a solution-based discussion introducing JAN’s three-pronged approach for selecting accommodations. Whether you are accommodating an employee with asthma, allergies, or fragrance induced migraines you will learn practical tips during this information packed webinar: “Accommodation Solutions: Respiratory Conditions, Allergies, & Fragrance Sensitivity” November 9, 2023, 2 p.m. ET.
Register for the Webcast