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