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

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Update from the Field: Pitfalls and Opportunities in the Journey to Employ People with Disabilities

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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.

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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

• urselves with the tools needed to resolve

questions about ability to work.

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The Amended Americans with Disabilities Act Title I

The Qualified Individual

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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.

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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

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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

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For Your Consideration

• Examine the nexus of essential function, job

demand, and demonstrated work ability for each part of the multipart request for accommodation

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For Your Consideration

• Train supervisors and managers to avoid

unilateral withdrawal of an in-place accommodation

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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

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Practicum

Respond to a list of unusual or unacceptable Title I practices with suggestions for alternative practices

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Practicum

• Range-of-motion measurement substituted

for job-related functional work restriction

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Practicum

• Lack of physical effort used to de-rail a RTW

employee

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Roy O. Matheson, ADAC

Reasonable Accommodation, LLC www.reasonableaccommodation.com 877-352-1262 603-770-3484

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