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The American With Disabilities Act (ADA) & Reasonable Accomodations

JAN - the Job Accommodation Network is, describes a "qualified individual with
without doubt, the absolute best resource disabilities":"A qualified individual
and link for anyone who is disabled, who with a disability is a person who meets
is facing becoming disabled, and who is legitimate skill, experience, education,
still working! The purposes of this or other requirements of an employment
article are:to describe what this position that s/he holds or seeks, and
Resource is;to give you an example of who can perform the "essential functions"
what types of information it can provide of the position with or without
for you;to give you an example (from my reasonable accommodation. Requiring the
own experience) of how you can trigger ability to perform "essential" functions
the ADA (Americans with Disability Act) assures that an individual with a
to continue working as your company disability will not be considered
provides you with "reasonable unqualified simply because of inability
accommodations";and, to perform marginal or incidental job
to give you a link to this very valuable functions. If the individual is qualified
website.OK, let's say that you have just to perform essential job functions except
been told by your Neurologist that the for limitations caused by a disability,
series of conditions that have been the employer must consider whether the
making you miserable for over the past 35 individual could perform these functions
years really are the result of Multiple with a reasonable accommodation. If a
Sclerosis (MS). My first reaction was, OH written job description has been prepared
DARN!!!At this point in time, I was in advance of advertising or interviewing
struggling to keep 2 kids in college, and applicants for a job, this will be
was working in the best job that I had considered as evidence, although not
ever had! I was the Vice President of conclusive evidence, of the essential
Human Resources for a Ship Repair Yard. functions of the job."Next step, get a
My staff and I provided Human Resorces copy of the Job Description for your job.
services to over 2,500 employees in 11 The job description should detail what is
crafts (Unions) running a 24 (hour)/7 called "the Essential Duties (or
(days) week operations. (Note: you can Functions) of the Job". (Note: a copy of
see more about me by going to the "About a Job Description that has such essential
Us" section of the website.)My next duties described, and the process of how
reaction, since I am an ingrained to get one from your company's Human
"control freak", I decided to become an Resource department can be found at the
Expert Patient, even though I would not website in the Disabilitykey Workbook.
discover that phrase until over a decade This Workbook is an "e-book" of over 100
later. If I was to become a Chronic pages with How-To's and lots of forms and
Disease Self-Manager (again, I would not examples. It can be purchased for a
discover that phrase until over a dacade minimum cost.)OK, you know your symptoms
later) I needed to know all about and their impacts upon you, and you have
Multiple Sclerosis, its symptoms, and, detailed them (once again, how to do this
for whatever symptoms I had, their is covered in the Disabilitykey
explicit impact on me. For, you see, my Workbook). Now you have to look at the
wonderful Doctor and I had been Job Description for your own Job, and
practicing Patient-centered health care decide what you can and can't do.OK, this
(another yet-to-be-discovered concept) is really hard stuff to do. That's where
for years up to that point.AND, since I the JAN comes in that is so helpful! It
still had bills to pay, two kids to keep has a link on the left hand column called
in college (and those of you who have "Accommodation Toolbox". If you click on
experienced this, you KNOW how expensive this box, it will take you to a page with
college is these days) I needed to keep a wealth of information. Scroll down
working. But, my job skills were becoming about an 15% of the page and you will
increasingly more impacted by my MS find a section entitled "Accommodation
symptoms. I knew that I must research, in Ideas". When you click on this section,
addition to the disease, the concept of you will find an index of illnesses
working while disabled.Here, in a conditions, with some great information
nutshell, is what I discovered. (By the for you. You will need to understand
way - I very much wish that there had accommodation ideas toHere's what the JAN
been information like this for me to has to say about "Reasonable
access when I needed it; that's one of Accommodations", and about some
the reasons that I am so passionate about accommodations applicants and employees
providing the information to y'all, so may/can need."Q. What is "reasonable
that you can use it in your own unique accommodation"?A. Reasonable
situations.)I learned that there was a accommodation is any modification or
federal law called "ADA". (OK, truth adjustment to a job or the work
time; I already knew about this law as a environment that will enable a qualified
Human Resources professional; what I mean applicant or employee with a disability
to say, is that now I knew about the law to participate in the application process
as a DISABLED PERSON. Believe you me, the or to perform essential job functions.
two "knowings" are as different as are Reasonable accommodation also includes
night from day! One is academic, the adjustments to assure that a qualified
other is experiential. It is the very individual with a disability has rights
nature of my experiential knowledge about and privileges in employment equal to
disability and other "stuff" that fires those of employees without
me up to share the information with you disabilities.Q. What are some of the
so you don't have to recreate the wheel.) accommodations applicants and employees
may need?A. Examples of reasonable
Here is how the JAN describes WHAT the accommodation include making existing
patterns and pracatices of a Company's facilities used by employees readily
employment nondiscrimination policies are accessible to and usable by an individual
under the ADA: with a disability; restructuring a job;
" The ADA prohibits discrimination in modifying work schedules; acquiring or
all employment practices, including job modifying equipment; providing qualified
application procedures, hiring, firing, readers or interpreters; or appropriately
advancement, compensation, training, and modifying examinations, training, or
other terms, conditions, and privileges other programs.Reasonable accommodation
of employment. It applies to recruitment, also may include reassigning a current
advertising, tenure, layoff, leave, employee to a vacant position for which
fringe benefits, and all other the individual is qualified, if the
employment-related activities."This is person is unable to do the original job
how the JAN describes WHO is covered by because of a disability even with an
the ADA: accommodation. However, there is no
"Employment discrimination is prohibited obligation to find a position for an
against "qualified individuals with applicant who is not qualified for the
disabilities." This includes applicants position sought. Employers are not
for employment and employees. An required to lower quality or quantity
individual is considered to have a standards as an accommodation; nor are
"disability" if s/he has a physical or they obligated to provide personal use
mental impairment that substantially items such as glasses or hearing aids.The
limits one or more major life activities, decision as to the appropriate
has a record of such an impairment, or is accommodation must be based on the
regarded as having such an impairment. particular facts of each case. In
Persons discriminated against because selecting the particular type of
they have a known association or reasonable accommodation to provide, the
relationship with an individual with a principal test is that of effectiveness,
disability also are protected."Please i.e., whether the accommodation will
note the sentence in red ink, and provide an opportunity for a person with
praticularly the words in bold that are a disability to achieve the same level of
larger. It is very important that you performance and to enjoy benefits equal
understand that you need not just "have" to those of an average, similarly
a physical or mental impairment, that situated person without a disability.
those impairment(s) must substantially However, the accommodation does not have
limit one or more major of life's to ensure equal results or provide
activities, and, furthermore, you must exactly the same benefits."So, I now know
have documentation of that impairment ( my symptoms and their impacts; I know
and/or "be regarded as having such an about the ADA, and about something called
impairment", which basically means that "reasonable accommocations". I have a
the impairment and it's limitations must copy of my Job Description, and am now
be documented).It is this information in trying to compare "ME" to the job's
red ink that made me realize the great Essential Duties.About & Carolyn is a
truth about working and disability: I had website designed to assist each person in
to do the work myself to determine what his/her own unique quest to navigate
my impairements were, and what activities through the difficult and often
they impacted; I had to become that conflicting and misleading information
Expert Patient who was also an Expert about coping with disabilities.
Disabled Worker! Here's how the JAN




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