JAN Newsletter - Spring 2023

Question

We are updating our job accommodation procedures and would like to incorporate some best practices. Are there any resources to help us follow the legal requirements, but to also go beyond compliance by applying practical strategies for accommodating applicants and employees with disabilities?

Answer

Yes! The Equal Employment Opportunity Commission (EEOC) has guidance on the minimum requirements for reasonable accommodation procedures federal sector employers must meet as part of their affirmative action obligation for people with disabilities. Although private employers are not required to have written reasonable accommodation procedures, the EEOC resources provide detailed information, useful tips, and best practices that all employers can implement even if not required to take affirmative action. These resources can help all employers develop model accommodation procedures.

• Establishing Procedures to Facilitate the Provision of Reasonable Accommodation
• Practical Advice for Drafting and Implementing Reasonable Accommodation Procedures under Executive Order 13164

Also, JAN offers best practices for developing policies and procedures and practical strategies for processing accommodation requests for applicants and employees with disabilities. Many of these resources are available on the AskJAN.org Employers page.

When an employer is not sure whether an accommodation will be effective or whether it will create an undue hardship, a smart practice is to implement a trial or temporary accommodation. Trial accommodations can benefit both the employee and the employer. JAN offers tips on how to implement this practice, see Providing Temporary or Trial Accommodation Solutions.

• Accommodation and Compliance: Interactive Process
• Accommodation and Compliance: Sample Forms
• Accommodation and Compliance: Service Animals as Workplace Accommodations
• Accommodation Strategies for Returning to the Workplace
• Emotional Support Animals in the Workplace: A Practical Approach
• Employers' Practical Guide to Reasonable Accommodation During the Hiring Process
• Establishing Procedures to Facilitate the Provision of Reasonable Accommodation
• JAN’s Employer Page
• JAN’s Workplace Accommodation Toolkit
• Practical Advice for Drafting and Implementing Reasonable Accommodation Procedures under Executive Order 13164
• Providing Temporary or Trial Accommodation Solutions
• Reasonable Accommodation Internal Procedures
• Spotlight: Sample and Partner Examples
• Telework Accommodation Request Flowchart

April 2023 JAN Webcast on Neurodiversity and Job Accommodations

The JAN webcast “Accommodation Solutions for Neurodivergent Workers” offers guidance and practical accommodation solutions for workers who are neurodiverse. Learn what this concept means and how individuals who are neurodiverse may be covered under the ADA. Discussion topics include disclosure, accommodations, performance, conduct, and more. View the April Webcast

March 2023 JAN Webcast on Long COVID Now Available

The COVID-19 pandemic resulted in millions of people now experiencing chronic health conditions related to their initial COVID infection. According to the Centers for Disease Control and Prevention, post-COVID conditions, known as Long COVID, include a wide range of ongoing health issues that last for months or longer. During JAN’s March Accommodation and Compliance Series webcast, industry leaders from the Disability Management Employer Coalition (DMEC), Sedgwick, EARN, and JAN shared critical insight on the impact of Long COVID in the workplace. View the March Webcast

FMLA: Providing Flexibility for Changing Needs, Then and Now

In a recently published DOL blog, ODEP Chief of Staff Anupa Iyer Geevarghese reflected on the 30th anniversary of the landmark Family and Medical Leave Act and the important role the law plays in helping workers retain employment after onset of a disability or undergoing treatment for a chronic condition. Read the Blog

Fostering a Mentally Healthy Workplace

The Office of Disability Employment Policy (ODEP) has a one-page guide on “Fostering a Mentally Healthy Workplace.” Read the resource guide to learn more about creating a supportive and inclusive workplace environment. Additional resources are featured on the ODEP Mental Health webpage to ensure that disability-related policies and practices in the workplace consider the needs of people with mental health conditions. Read the ODEP Guide