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Job Accommodations in the Workplace
Questions and Answers
Do you wonder how job accommodations are arranged in the
workplace? Do you wonder how the process works? Hopefully this
section will address and answer your questions relating to accommodations in
employment!
Contents:
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Overview of Job Accommodations
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#1: Who receives job accommodations?
Individuals with disabilities qualified under ADA, including
new employees,
employees being promoted or transferred, and current employees who
acquire functional limitations as a result of a new or progressive disability.
#2: Do all employers have to provide
accommodations?
No. Only employers who are covered by a statute
prohibiting disability
discrimination must comply. To learn which employers are covered by
the
ADA or Rehabilitation Act, see the Workplace Laws section of this Guide.
#3: How will I know if I'll need an accommodation
for a job position?
To make that determination, you'll need to look at these two
things:
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The essential job functions (duties) of the
position that are often listed
in a job's description, and |
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The work-related functional limitations related to
your disability. |
To help you assess your work-related functional limitations,
see Milepost 8,
My Functional Work Skills Assessment - Disability Considerations, in the
Career Self-Assessment section of this Guide.
Examples of job-related functional limitations would include
such things as
an inability to climb ladders, an inability to lift over 20 pounds, difficulty
handling small items, and an inability to hear on the phone. Of course, you'll
only need to identify those functional limitations that directly affect the
essential
duties of the job position of interest that may require accommodation.
#4: How can I determine if a job is right
for me with my disability?
To help you make the determination, ask yourself this
important question -
Will I be able to perform the essential job functions (duties) with
or
without a reasonable accommodation? This will help you determine if
the
job is right for you.
In the next section, we'll look more closely at what
reasonable accommodation
means in the workplace. As you'll see, the type of accommodation you
might
need may be a factor as well in determining if a particular job is right for
you.
#5: Do all employees with similar types of
disabilities get the same
accommodation?
No. Accommodations are determined and arranged on an
individual, case-by-case basis.
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Reasonable Accommodation Under ADA
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#1: What does "reasonable
accommodation" mean?
A reasonable accommodation is a modification or adjustment
provided to a
qualified person with a disability in the job application and testing process,
the work environment, and the manner in which work is done, to enable
the
person to perform the essential job functions (duties) and enjoy equal
benefits and privileges of employment.
It means an employer may be required to modify a task or make
a workplace
modification or adjustment to accommodate a job-related functional
limitation you have. The modification or adjustment would then enable
you
to perform the essential functions (duties) of the job.
#2: How is a "reasonable"
accommodation determined? What would be
considered reasonable?
Under ADA, an accommodation is considered
"reasonable" if it is:
-
effective, and
-
it allows you to attain an equal level of
opportunity, participation,
and achievement as a non-disabled person.
It's important to note that the term "reasonable"
varies from employer to
employer. What may be considered reasonable for one employer may
be classified as an undue hardship for another.
The term also means the employer does not have to provide the
best or
most expensive accommodation, nor the accommodation of your choice.
The employer simply needs to provide an accommodation that is: 1) effective,
and 2) serves to level the playing field. That's the
"reasonable" test.
#3: What would be considered
"unreasonable"?
An "unreasonable" accommodation might be one that
poses an undue
hardship for an employer either because it's too costly, too disruptive or
substantial, or it changes the essential functions of the position.
Examples might include an employee taking an indefinite leave
from work,
an employee asking a small business employer to install an elevator in
an old building, or an employee requesting to have a full-time interpreter.
Such accommodations may pose an undue hardship for an
employer.
Much depends on the employer's business size and financial strength and
profile. What's unreasonable for one employer may be reasonable for
another. It's determined on an individual basis.
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Types of Job Accommodations
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#1: What types of accommodations may
covered employers provide?
Accommodations may include such things as:
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Making workplace facilities accessible. |
Examples: ramping stairs; widening entrance doors;
installing
lever doorknobs or automatic door openers; making a restroom accessible; and
keeping aisles wide enough and clear of obstruction.
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Modifying a work schedule. |
Examples: allowing for a flexible work schedule; job
sharing;
adjusting work hours; and allowing time off for medical treatments.
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Restructuring or redistributing nonessential job
functions (often
in exchange for tasks you can do). |
Examples: filing; requiring less travel; using the
telephone; lifting
heavy objects; and computerizing forms and documents instead
of writing.
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Acquiring or modifying equipment or devices. |
Examples: raising a desk; installing a TTY; providing
a talking
calculator; purchasing a desktop turntable organizer; adding a
braille printer to a computer; providing voice activated software
for a computer; providing a keyguard for a computer keyboard;
lowering a copy machine; or labeling copy and fax machine
buttons with brailled markings.
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Providing qualified support service assistants at times
needed. |
Examples: an interpreter for interviews, meetings, and
training
sessions; a fellow employee taking notes during a meeting;
someone to retrieve files you need; a reading assistant to read
you your mail; a fellow employee to alert you in an emergency,
or employee volunteers that learn how to assist in case of an
emergency evacuation.
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Changing job locations. |
Examples: telecommuting (part of the work week is
spent working
at home); teleworking (all work performed is done at home); or
providing workspace at the business location closest to home.
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Retraining and/or reassigning an employee to a vacant
position due to injury or illness. |
Examples:
If you are an
employee and become injured or ill,
you may be able to return to your current
position;
If you become
injured or ill and can't do the job
functions when you return, you may be able
to
receive retraining, perhaps with
accommodations,
so you can perform the same job functions - as
long as retraining does not cause an undue
hardship for the business;
If you can't
perform the same job functions even
with accommodations, an alternative job
placement must be explored before you can be
medically terminated.
Two eligibility conditions,
however, do apply:
1) You must be qualified for a reassigned
position;
2) Only vacant or soon-to-be-vacant
positions will
be considered
for reassignment.
It's also important to note
that the employer isn't
required to reassign you to a position at
the same
level or salary of your current job.
The level or
salary can be higher, lower, or the same.
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#1: Can I ask for any accommodation I want?
You can, but it's not advised. When it comes to
requesting accommodations,
reasonableness, fairness, and team spirit are extremely important.
Before you discuss accommodations with an employer, clearly
differentiate
between accommodation necessities and luxuries. Decide if
the
accommodation is something you need or merely something you want or
would like to have. Make a "need vs. want" list. When
you meet with the
employer, focus on the accommodation you need. "Wants" should
be
discussed separately or at a later time.
For example, let's say you need a raised desk. That's
the accommodation
you "need" and should discuss with the employer. You may
"want" an
expensive adjustable desk, but using wood blocks to raise the existing
desk would work fine - and would be far less expensive for the employer.
Perhaps down the road you could discuss with the employer your desire
to have an adjustable desk, but the wood blocks would effectively meet
your need.
Or let's say you're deaf, and you need an interpreter for
meetings and
company trainings. That's the accommodation you "need" and
should
discuss with the employer. Naturally you would "like" to have
an interpreter
available at all times, but an interpreter isn't needed for you to perform
your
essential job duties. So while working, you'll rely on e-mail and
written
notes - until hopefully your fellow co-workers begin learning to sign!
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Determining What Accommodations Will Be Provided
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#1: Who decides which accommodation will be
provided?
Depending on the size and organization of the company, it may
be a Human
Resource (HR) ADA specialist, a supervisor, the small business
owner, or
other designated person. The ADA specialist or management will decide,
with your input, which accommodation will be provided.
Be aware the accommodation may not be your preferred choice or
the best
possible accommodation option, but as long as the accommodation provided
is: 1) effective, and 2) allows you to attain an equal level of
opportunity,
participation, and achievement, it is acceptable by ADA standards.
#2: How does an employer decide which
accommodation to provide?
The Human Resources ADA specialist or other designated person:
-
looks at the essential functions (duties) of your job
position;
-
evaluates your job abilities and work-related functional
limitations;
-
assesses potential obstacles at the work site; and
-
reviews accommodation options.
The specialist or designee then informally consults with you
in selecting
and implementing a reasonable accommodation.
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How to Arrange an Accommodation with an Employer
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#1: Are employees required to request
accommodations from employers?
Yes. An employee who needs an accommodation must request
an
accommodation from the employer, unless a disability prohibits an
employee from making a request. In that case, and if it is clear an
accommodation is needed, the employer is responsible to pursue
consideration of an accommodation. In most cases, however, an
employer must be made aware of a disability and the need for a job
accommodation.
#2: What should I say to the employer if I
need an accommodation?
When you contact the Human Resource (HR) ADA specialist or
other
designated person, you can simply say -
"I would like to request an accommodation."
#3: Am I required to provide documentation
of my disability?
Yes. Documentation is required in most cases. The
information is used
for documenting purposes and to determine if you are qualified under
ADA for the accommodation being requested.
Be sure to only provide and supply the documentation about
your disability
to the Human Resources ADA specialist - or other person designated at
the company to arrange accommodations. (See the Workplace Privacy
section of this Guide for more information pertaining to documentation
records).
#4: After the Human Resources ADA
specialist receives my documentation,
what happens next?
The specialist will review the documentation
to:
1) determine your qualifications for the
accommodation,
2) evaluate the essential and non-essential functions (duties) of
your job position, and
3) review work-related functional limitations related to your
disability.
The specialist will then meet with you and your supervisor to
determine what
accommodation may be reasonable. Arrangements will then be made.
For more information about requesting job accommodations, see
the Equal
Employment Opportunity Commission's web site publication:
Employers
and Reasonable Accommodations: Requesting Reasonable Accommodation
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Financing Job Accommodations
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#1: Who pays for an accommodation I need?
The employer, in most cases.
#2: What are my chances of getting hired if
the employer has to pay for
an accommodation?
It depends. Most accommodations cost little or
nothing. According to the Job
Accommodation Network (JAN), a service of the U.S. Department of Labor's
Office of Disability Employment Policy:
31% of accommodations cost nothing.
50% cost less than $50.00
69% cost less than $500.00
88% cost less than $1,000.00
In most cases, the cost of an accommodation won't be a
factor. However, if
an accommodation will require a major expense for the employer, you'll
no
doubt be at a disadvantage getting hired. Try switching roles for a
moment.
If you were the employer and an applicant asked for an
accommodation that
would cost nearly as much or more than the salary of the job being sought,
what would you do? You'd likely give greater consideration to other
qualified
candidates.
If an accommodation you need will require a sizable expense
for an employer,
you'll want to learn about and become familiar with possible funding
assistance options available to help the employer, and you'll want to
share
this information. You'll also want to carefully evaluate if a less
expensive
alternative accommodation is possible.
#3: What funding assistance is available to
an employer?
Funding assistance for employers may be available through:
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Your supporting state agency - like
Vocational Rehabilitation or
the Commission for the Blind. |
You'll want to discuss your employment accommodation
needs
with your counselor to see if accommodation support and/or
funding assistance would be available to an employer. In some
circumstances, the state agency might assist in providing an accommodation
or help with the cost.
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Tax credits and incentives - The Internal
Revenue Service (IRS)
provides several tax credits to employers to help defray costs an
employer might incur. To learn about these tax credits, see the
Tax Credits and Incentives for Employers section of this Guide.
|
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Vendor discounting - Some company
vendors offer a price
discount on the purchase of equipment for an individual with a
disability.
|
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Health insurance benefits - Check to see
if your health
insurance policy covers assistive devices as a benefit, like
a communication device, for example. Contact your health
insurance company representative to ask if a device you need
might be covered under your policy. |
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Maybe you - If an accommodation you
need would pose an undue
hardship for a particular employer, even when calculating in financial
assistance from state agencies, tax credits, and other possible sources,
and if a less expensive alternative option isn't possible, you must be
given the opportunity to pay the portion of the accommodation cost
that constitutes an undue hardship for the employer. Many employers,
applicants, and employees aren't aware of this. If you can afford to
help
pay the cost, this may be an option. |
#4: What does "undue hardship"
for an employer mean?
It means the accommodation would be either:
-
too costly for the employer;
-
too disruptive, extensive, or substantial for the
business; or
-
would change the essential functions of the position.
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Locating Job Accommodation Resources, Information and
Guidance
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The following resources should be able to provide you, and an
employer, with information and assistance you need!
Job Accommodation Network
(JAN)
JAN, a service of the U.S. Department of Labor's Office of
Disability
Employment Policy, provides free consulting services and information
about job accommodations, resources, and vendors. JAN also offers
a Searchable Online Accommodation Resource (SOAR) to help you
explore various accommodation options in the work setting. If you need
accommodation guidance and wish to personally speak with a consultant,
contact JAN toll-free at 1-800-526-7234 (Voice/TTY).
Disability
Resources - Assistive Technology Index
Disability Resources provides an extensive assistive
technology index
and links to resources.
ABLEDATA (National
Institute on Disability and Rehabilitation Research)
ABLEDATA is a referral service that maintains a database of
more
than 17,000 adaptive devices from 2,000 companies.
disABILITY Information and
Resources
This is a mega-resource for assistive and adaptive products,
and
disability-related resources from A-Z!
Accommodations
for Persons with Visual and Hearing Impairments (Cornell)
Microsoft Windows
Accessibility Support
Product resources, assistive technology, step-by-step
tutorials, and
guides by disability are available.
WOW-COM's
World of Wireless Communications
This web site provides information and resources on wireless
communications and accessibility for people with disabilities.
It includes a good
section on resources and options for people
with hearing impairments.
Dragon Naturally
Speaking®
This is a speech recognition software program for computers.
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Assistive Technology Training
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Do you wonder what assistive technology is available to meet
your needs? Do you need training? The following programs,
organizations, and agencies may be able to help!
Technology Access for Life Needs -
TALN (Oregon)
TALN provides technical assistance, evaluations, training,
equipment loans,
an equipment marketplace, information about assistive technology, and
referral services.
Oregon
Commission for the Blind - Technology Center
OCB's Technology Center provides evaluations, training, access
to
equipment, information and referrals, and helpful resources.
Washington State Department of
Services for the Blind
Commission
for the Blind - State Listings
Locate the Commission for the Blind office in your state.
Washington Assistive Technology
Alliance
The Alliance offers training, consultation, information, and
referral
services statewide.
Oregon Technology
Access Program (Southern Oregon)
This program provides services for children and youth with
disabilities
to age 21. Affiliated with the Oregon Department of Education.
Oregon
Vocational Rehabilitation Division
Eligible clients may receive technical training and
assistance.
Washington
State Department of Vocational Rehabilitation
Eligible clients may receive technical training and
assistance.
Vocational
Rehabilitation Division - State Listings
Locate and link to the Vocational Rehabilitation Division
Office
in your state, then locate your nearest county office.
Oregon Veterans Vocational
Rehabilitation Services
Eligible clients may receive technical training and
assistance.
Washington State Veterans
Vocational Rehabilitation Services
Eligible clients may receive technical training and
assistance.
Veterans
Vocational Rehabilitation Services - State Listings
Locate Veterans Vocational Rehabilitation services in your
state.
Additional Resources:
Your School District or College
Some school districts and colleges offer assistive technology
information
and resources, evaluations, and training. If you're a student, check if
your
school district or college has technology assistance available.
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Locating Sign Language Interpreters and Captioning
Services
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If an employer wonders where and how to locate an interpreter or
captioning services, the following information may help!
To Locate an Interpreter:
The following companies provide interpreter services:
Oregon
Interpreting Services (Portland, OR)
(503) 997-6722 (Voice)
(503) 973-5534 (TTY)
P-S Squared, Inc.
(Portland, OR)
(503) 236-3656
1-888-236-3656 (Voice/TTY)
Signing Resources and
Interpreters (Vancouver/Portland)
1-877-512-2246 (Voice)
1-866-512-2446 (TTY)
Deaf and Hard of
Hearing Access Program (Serving Oregon State Agencies)
Oregon Disabilities Commission
(503) 378-2272 (Voice/TTY)
DHHAP provides interpreter referral services for Oregon's 12
state agencies
only. However, information services are available to employers and the
public
as well.
Hands in Motion (Salem, OR)
(no web site)
e-mail: handsinmotion@aol.com
(503) 949-2790
(503) 393-6334 (TTY)
Mid-Valley Interpreting Services (Salem, OR)
(no web site)
e-mail: midvalleytrp@msn.com
(503) 364-1063 (Voice/TTY)
Accessibility Northwest (Eugene/Springfield, OR)
(no web site)
(541) 334-0137
(541) 687-1221 (TTY)
For Nationwide Referral Services:
Registry of Interpreters for the
Deaf (Nationwide)
RID is a national organization for interpreters. RID's
web site can direct you
to interpreter referral services or contacts in your state. RID has
individual
state chapters that may be able to assist you and your employer as well.
To Locate Captioning Services:
LNS
Captioning (Portland, OR)
(503) 299-6200 (Voice/TTY)
LNS offers realtime captioning, internet realtime, webcasting,
live event
captioning, tv broadcast captioning, offline captioning for video projects,
and other captioning services.
P-S Squared
(Portland, OR)
(503) 236-3656
1-888-236-3656 (Voice/TTY)
P-S Squared offers both realtime captioning and interpreting
services.
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Locating Brailling, Large Print, Audio and Electronic
Formatting
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If an employer wonders where and how to locate brailling, audio,
and other alternate format services, the following resources are available.
National Library
Services for the Blind and Physically Handicapped - Library of Congress
(202) 707-9275
1-800-424-8567 (Ask for Reference)
For producing company applications, forms, business cards, and
documents
in braille and other alternate formats. Contact NLS for further
information.
Braille Plus
(Salem, OR)
(503) 391-5335
Braille Plus provides brailling, large print, audio tape and
electronic formatting
of any book, publication, or document. There is an hourly fee for
preparing
the master and reproduction fee. Contact Braille Plus for further
information
on available services.
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