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