Update from the Field: Pitfalls and Opportunities in the Journey to - PDF document

9/2/2016 1 Update from the Field: Pitfalls and Opportunities in the Journey to Employ People with Disabilities 2 1

9/2/2016 How This Workshop Was Advertised The ethical mandate to employ people with disabilities exists within the complicated world of the human resource professional. ADA Coordinators and consumer advocates can serve as a bridge over the dozens of reasons for not hiring or retaining an individual with a disability. 3 How This Workshop Was Advertised This workshop draws on real situations to look beyond disability in order to make informed hiring and retention decisions based on ability. We will use current, real-life examples to arm ourselves with the tools needed to resolve questions about ability to work. 4 2

9/2/2016 The Amended Americans with Disabilities Act Title I The Qualified Individual 5 The Qualified Individual The term "qualified individual" means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. 6 3

9/2/2016 Trends of Interest • Withdrawal of an in-place accommodation • Physician work restrictions issued without recommendation for accommodation • Medical examination report (POET, FCE, LTD) lacking recommendations for accommodation • Failure to accommodate 7 For Your Consideration • Do not assume job-related disability: verify actual job demands and the individual’s demonstrated work ability, often evidenced by a successful informal or transparent accommodation 8 4

9/2/2016 For Your Consideration • Examine the nexus of essential function, job demand, and demonstrated work ability for each part of the multipart request for accommodation 9 For Your Consideration • Train supervisors and managers to avoid unilateral withdrawal of an in-place accommodation 10 5

9/2/2016 For Your Consideration • Watch for medical restrictions being used as a passport for denial • Watch for medical restrictions being used as a reason to not work 11 Practicum Respond to a list of unusual or unacceptable Title I practices with suggestions for alternative practices 12 6

9/2/2016 Practicum • Range-of-motion measurement substituted for job-related functional work restriction 13 Practicum • Lack of physical effort used to de-rail a RTW employee 14 7

9/2/2016 Roy O. Matheson, ADAC Reasonable Accommodation, LLC www.reasonableaccommodation.com 877-352-1262 603-770-3484 15 8