Module V: Reasonable Accommodations:

Instructional Summary

Module Summary:

Module Objectives:

1. To provide a general overview of the Americans with Disabilities Act as it relates to the provision of job accommodations.

2. To outline a general process and guiding principles to follow in the determination of an accommodation.

3. For participants to develop an understanding of the importance of working with the individual in the provision of an accommodation.

4. To give participants basic information on finding support for adaptive equipment and technology.

Preparation:

1. Arrange the chairs so participants can see the presenter and screen.

2. Assemble handouts and have copies available for each participant.

3. Have overheads prepared in order and placed next to the projector.

4. Bring actual equipment to demonstrate or photos/slides of equipment to show if possible. This is particularly important if the focus of training is on a particular disability type (i.e. deaf, blind, etc.)

Module Format:

1. EXERCISE: Distribute Handout A and review the instructions. Explain that this activity is to get everyone thinking about "reasonable accommodations." Ask participants to do their best to complete the entire questionnaire, taking a guess at answers when they are not sure. After five minutes, ask if anyone needs additional time.

   Using the answer sheet in this section, go over the answers with the group. To facilitate discussion, ask the group for their answers first. Try to keep questions to a minimum at this time... many questions will be covered during the training.

2. Distribute Americans with Disabilities Act Handouts G-I and Reasonable Accommodation Handout B.

   While circulating the handouts, ask the group for their ideas on the meaning of "reasonable accommodation." Display Americans with Disabilities Act Overhead T, read aloud the definition of "Reasonable Accommodation."

3. Display and read aloud Overhead T - "Reasonable Accommodation Obligation"

   Explain that the ADA not only requires accommodation to enable a person to do their work, but also to participate in everything that the company has to offer all employees. This includes company owned transportation, cafeteria, fitness facilities, etc.

4. Display and read aloud Americans with Disabilities Act Overhead O - "Who is Covered by the ADA/Major Life Activities"

   Clarify that 'being regarded as having a disability' includes people with severe scarring or disfigurment that does not affect the personıs work, but rather how people respond to them.

5. Display and read aloud Americans with Disabilities Act Overhead Q - "Qualified Individual with a Disability"

   Emphasize that the ADA does not ask employers to lower their employment standards in any way. It does require employers to consider candidates with disabilities who are qualified for the job with or without the use of accommodations.

6. Display and read aloud Americans with Disabilities Act Overhead R - "Essential Functions" - AND - Americans with Disabilities Act Overhead S - "Marginal Functions"

   Impress the importance of conducting a job analysis of the position to determine what are the critical functions to the job. Only those requirements found to be essential may be used to determine if an individual is qualified. For example, an employer can not deny a position to the best qualified candidate for a bookkeeper position because that person can not move boxes delivered into the store room due to a back injury.

7. Display and read aloud Overhead U - "Reasonable Accommodations Not Required"

   Explain that the ADA does not require an employer to provide an accommodation if the person never disclosed their disability and related needs. Furthermore, the employer has the final say in what accommodations will actually be provided. They do not have to provide the exact accommodation requested, if the requested accommodation is deemed to be too costly and a less expensive alternative that meets the same need has been identified. However, employees always have the right to file a complaint with the EEOC if they do not agree with their employer.

8. Display and read aloud Americans with Disabilities Act Overhead V - "What Constitutes an Undue Hardship?"

   Make certain participants are clear that the total resources of the entire company is taken into account in the determination of an undue hardship, not just a particular department. For instance, if a company has many offices regionally or nationally, all of those individual company holdings are taken into consideration.

9. Display and read aloud Overhead V - "Average Cost for Employers to Accommodate..."

   Discuss the common misconception that all accommodations cost a lot of money. Many accommodations cost little or no money.

   For example, many offices are equiped with xerox machines that enlarge for someone with a vision impairment, phones with built in amplifiers for someone who is hard of hearing, bricks to raise a desk for someone who uses a wheelchair, or computers with spelling and grammar check for someone with a Learning Disability or Aquired Brain Injury.

   Differentiate between "High Tech" accommodations, such as screen reader/speech recognition programs or other computer hardware and software, and "Low Tech" accommodations, such as a hand held magnifier, desktop carousel or elongated door handles.

   Emphasize the importance of being aware of types and approximate costs of various accommodations. However, even more important is to be aware of the resources (such as JAN) that are available to provide this type of information.

10. Distribute Handouts C, D, F and G. Handout E is optional, but gives participants a better understanding of types of accommodations that may be useful for people with these specific types of disabilities. Americans with Disabilities Act Handout N is also optional and provides additional sources to contact for specific accommodation information.

11. Display Overhead W, "Reasonable Accommodation Process," and X, "Guiding Principles for Providing Accommodations."

    When reviewing, emphasize that every person is different with different needs. Even two people with the same type of disability have different disability related needs. This is why it is vital to involve the person in every aspect of the decision making process.

12. Display and read Overhead Y and Americans with Disabilities Act Overhead W. Distribute Interviewing Handout B (optional), Accessibility Checklist, as a general guideline for ensuring facilities access.

    Tell the group that these are ideas of types of accommodations, but are nowhere near a complete list. Again, accommodations are based upon individual needs. Depending upon time and depth of information covered, discuss the specific disabililities and examples of accommodations outlined on Handouts D and E.

13. Ask participants for a show of hands of who knows where to go or call to get information on accommodations. Ask members to share some of their thoughts. Referring to Handouts F, G and Americans with Disabilities Act Handout N (optional), emphasize to the group that no one expects them to be an expert on all disabilities and accommodations... especially since technology and manufacturers are constantly and rapidly changing. However, participants are expected to be aware of where to go to get the answers they need. These handouts provide various organizations and agencies to be used to identify potential accommodation as well as sources for products such as computer hardware and software, mobility aids, etc.

14. Pass out sample forms, Handouts H, I and J. Explain that these are ideas of forms that could be adapted to fit their companyıs specific needs to ease and streamline the accommodation process. A formalized process will help to ensure compliance with the ADA.

15. EXERCISE: Have the participants break up into pairs or small groups. Briefly explain, as you are distributing Handout K, that they will be given a case study involving reasonable accommodation. Each pair will have ten minutes to brainstorm possible accommodations for the case study.

    Using the flip chart, or with a blank overhead and pens, ask each group what they came up with. Discuss several different ideas, explaining that no one idea is absolutely correct. Ideas may include:

    • telecommuting;
    • move Joe's office downstairs in an accessible location;
    • allow him to work at home and use a messenger service if he does not have compatible equipment for telecommuting (& the equipment can not be provided). Reiterate that each person and each situation requires a different solution. Furthermore, point to the ideas on the flip chart and explain how they illustrate why it's crucial to involve several people for input.

16. To end on a positive note, display Overhead Z. Review and discuss that others in the workplace can benefit from accommodations set up for the person with a disability. Explain that these are examples of how incorporating accommodations in the work place can benefit others. Ask the group for input on other accommodations that benefit more that just the person with a disability.

    Discussion Points:

    1. Emphasize the importance of doing a thorough analysis of the position to know what essential functions you may be required to accommodate, as opposed to marginal functions that can be transferred to another employee.

    2. As time permits, discuss in greater detail local resources as well as specific types of accommodations.

    Trainers Note:

    In addition to becoming completly familiar with the handouts for this module, trainers should further research the topic to be better prepared to answer specific questions from the group.

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