Workplace Trends

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• Workplace Trends
• Teresa Goddard, M.S., JAN Senior Consultant
• Elisabeth Simpson, M.S., CRC, JAN Senior
  Consultant
• [phone] (Voice)
• [phone] (TTY)
• jan_at_askjan.org

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Workplace Trends

• Objectives
• JAN Overview
• Top 10 Trends
• Accommodation Examples
• The Interactive Process
• Questions

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Workplace Trends

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Workplace Trends

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Workplace Trends

• Top 10 Workplace Trends
• Open-plan offices
• White noise systems
• Automatic air fresheners
• Mobile device policies
• Bring Your Own Device (BYOD)
• Procedural trends
• Shared workspaces
• Accommodations related to emotional support
  animals
• Information technology department involvement
• New from EEOC

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Workplace Trends

• Trend 1 Open-Plan Offices
• Open-plan offices, where cubicle walls and
  private offices are removed, are intended to
  increase collaboration, communication, and
  productivity.
• The non-traditional design can
• be a cost-cutting strategy and
• an attempt to limit the perception
• of a hierarchical corporate
• structure resulting in a workforce
• that is more cohesive and
• efficient.

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Workplace Trends

• ADA implications for open-plan offices
• Increase distractions
• Difficulty concentrating
• Limits to how workspace is modified
• Air quality
• Temperature
• Loss of privacy Accommodations put on display
• Assistive technology for phone use
• Software used for accessing information on
  computer
• Software used for inputting information on
  computer
• Alternative keyboards, mice, chairs, etc.

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Workplace Trends

• Accommodation Example
• A financial planner with ADD and bipolar disorder
  had been provided with high cubicle walls and a
  cubicle door as an accommodation to reduce
  distractions and allow him a private space for
  phone calls to his counselor. The employer
  decided that the office design was going to be
  changed and everyone was expected to work in an
  open-plan space. After two weeks of sitting in
  the open-plan space the employees productivity
  started to drop and he requested to have his old
  space back as an accommodation.

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Workplace Trends

• Trend 2 White Noise Systems
• White noise systems, sometimes called sound
  masking systems or speech privacy systems are
  systems that use a particular type of sound
  emitted from specially placed speakers to mask
  unwanted background noise. They are also
  marketed as a way to limit the distance from
  which a private or confidential conversation can
  be overheard which businesses may find desirable
  as a means of complying with laws requiring
  privacy safeguards as well as a means for
  prevention of corporate espionage.

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Workplace Trends

• ADA implications for white noise systems
• Advantages
• May reduce distractions from background noise
• May help prevent breaches of confidentiality
• For large spaces, may be cost effective compared
  with installation of acoustic paneling etc.
• Disadvantages
• May interfere with functioning of some types of
  hearing aids
• May distract employees with noise sensitivity
• May not be effective in masking certain types of
  sounds or in certain room configurations

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Workplace Trends

• Accommodation Example
• An employee who used hearing aids reported that
  white noise from his workplaces sound masking
  system was interfering with the functioning of
  his hearing aids and making it difficult for him
  understand what others were saying in
  conversations and in meetings. Attending
  meetings at multiple locations in the facility to
  obtain information was an important part of the
  individuals job.
• A JAN consultant suggested exploring options for
  adjusting the sound masking system and seeking
  input from an audiologist to see whether an FM
  system might help with hearing during meetings.

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Workplace Trends

• Trend 3 Automatic Air Fresheners
• Automatic air fresheners, along with plug-in air
  fresheners, are often placed in restrooms, common
  areas, break rooms, and sometimes throughout a
  facility. The air freshener might be set to spray
  at various intervals throughout a day or may be
  pumped through an HVAC system.

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Workplace Trends

• ADA implications for automatic air fresheners
• Individuals with respiratory conditions, such as
  asthma, allergies, or fragrance and chemical
  sensitivity may experience difficulty breathing,
  fatigue, migraines, and have difficulty
  concentrating as a result of exposure to these
  products.
• Exposure can have an impact on productivity if an
  employee is frequently needing to take leave.
• The best way to prevent fragrance sensitivity is
  to remove, block, or avoid the offending
  substance.

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Workplace Trends

• Accommodation Example
• An educational consultant with asthma and
  fragrance sensitivity was hired by a new school
  district. Every school in the district had
  automatic air fresheners in the restrooms and
  hallways. Since being hired the employee had
  experienced a significant increase in asthma
  attacks. She thought that the air fresheners
  could be easily removed but wasnt sure if this
  would be an accommodation she could request under
  the ADA.

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Workplace Trends

• Trend 4 Mobile device policies
• Mobile devices such as tablets, cellular phones,
  smartphones, smartwatches and other wearable
  devices can be valuable productivity tools when
  used appropriately. They can also help employees
  maintain work life balance, use concentration and
  relaxation techniques, manage health conditions,
  and keep in touch with those who support them
  without tying up office equipment and phone
  lines.
• However, devices can also serve as a distraction,
  or worse pose a risk to data. As a result many
  employers are developing and updating policies on
  use of personal devices and governing what types
  of devices and apps can be purchased for
  employees.

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Workplace Trends

• ADA implications for mobile device policies
• Policies must be applied in a nondiscriminatory
  way
• Employers may need to consider policy
  modification as an accommodation
• Ways to employ mobile devices as workplace
  accommodations
• Using an accessibility feature to make a mobile
  device accessible
• Using an app or accessory as all or part of an
  accommodation
• Using a mobile device as an accommodation

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Workplace Trends

• Accommodation Example
• An HR professional from a school district, was
  responding to a request by an individual who
  wanted to use a video phone and Video Relay
  Service (VRS) to make and receive calls. They
  had been using a TTY, but it was no longer
  working. A consultation with IT personnel
  revealed that it was not possible to install the
  type of high speed Internet connection needed to
  use a video phone at the employee's workstation.
• A JAN consultant suggested exploring whether the
  employees needs could be met using a video relay
  app and a tablet with a front facing camera. The
  consultant also discussed that a data plan or
  other wireless access would be needed, and that
  appropriate use may need to be discussed.

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Workplace Trends

• Trend 5 BYOD
• BYOD stands for bring your own device. This is a
  type of IT related policy allowing employees to
  bring their own privately purchased phones,
  laptops, tablets and other devices such as
  wearable technology to work and using these to
  access networks, information and applications
  that are owned or otherwise controlled by the
  employer. This allows employees to do work
  related activities on their own devices.
• Variations on this type of policy are sometimes
  called, bring your own phone (BYOP), bring your
  own technology (BYOT) and, bring your own PC
  (BYOPC)

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Workplace Trends

• ADA implications for bring your own device
  programs
• Reimbursement issues may limit participation
• Policies must be applied in a nondiscriminatory
  way
• Employers may need to consider policy
  modification as an accommodation
• Some policies require that employees be willing
  to surrender their device in the event of an
  investigation.
• Potential privacy issues
• Surrendering a device may be difficult who use
  their devices for management of medical
  conditions
• Individuals who use their device as a primary
  means of communication may be temporarily without
  a way to communicate at work and at home

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Workplace Trends

• Accommodation Example
• A newly hired social worker was successfully
  using an iPhone that met her accessibility needs
  in her day to day life. However, the employer
  wanted her to use a company issued BlackBerry for
  work related tasks.
• The employee wanted the employer to issue an
  iPhone instead of a BlackBerry, or modify their
  policy to allow her to use her personal iPhone
  for work.
• After contacting JAN, the employer learned about
  accessibility options for BlackBerry phones
  including a screen reader, and what models were
  compatible with the BlackBerry Screen Reader.

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Workplace Trends

• Trend 6 Procedural Trends
• Procedural trends refers to the practice of out
  sourcing absence and leave management programs,
  as well as accommodation programs, to a third
  party. The potential benefit is that the on-site
  Human Resources team does not have to take
  additional time processing FMLA or ADA paperwork
  and can focus on employee relations. The third
  party is responsible for directing the process
  and being the intermediate contact between the
  employer entity and the employee.

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Workplace Trends

• ADA implications for procedural trends
• Additional hands in the mixing bowl
• Third party should be well informed about the
  ADA, job descriptions and tasks, and potential
  overlap of FMLA, ADA, STD, etc.
• Can extend time spent on the interactive process.
• Equipment purchasing concerns.
• Employee confusion on point-of-contact

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Workplace Trends

• Accommodation Example
• An employee was on FMLA leave following carpal
  tunnel surgery. She had been released to return
  to her job as an administrative assistant but
  needed accommodations (e.g. ergonomic assessment,
  alternative keyboard, mouse). She contacted human
  resources who told her to contact the company
  that handled her FMLA leave. When she did, her
  FMLA point-of-contact referred her to another
  department. She waited for a return call from the
  reasonable accommodation team and it took an
  additional three weeks before the equipment was
  ordered.

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Workplace Trends

• Trend 7 Shared workspaces
• A shared workspace is one where two or more
  employees, who primarily work from home, share
  the same cubicle work workspace when they are
  required to be on-site or in the office. By
  sharing one workspace and employer can condense
  real estate while ensuring that employees have a
  space to work when they are on-site. Employees
  stagger or alternate schedules so that no more
  than one person designated to the workspace is in
  the office at the same time or on the same day.

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Workplace Trends

• ADA implications for shared workspaces
• Continuous changes to space can have an impact on
  ergonomic desk set-up
• May not allow for use of AT
• May not allow for specialized office equipment
• If AT is used, confidentiality issues may arise

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Workplace Trends

• Accommodation Example
• An employee with a back and neck impairment
  working for a financial consulting firm was told
  that the company was mandating work-from-home to
  reduce costs associated with renting out a large
  office. All employees would be required to come
  into the office 2 days per week and share a
  cubicle with a coworker. The employee was
  concerned because he used an ergonomic chair and
  height adjustable desk that were provided as an
  accommodation and had been adjusted by an
  ergonomic specialist.

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Workplace Trends

• Trend 8 Emotional Support Animals
• Many employers and employees have expressed
  confusion about the role of emotional support
  animals in workplace accommodation.
• Emotional support animals are companion animals
  that provide therapeutic benefit to individuals
  with disabilities. Having the animals present
  may be helpful in managing or mitigating symptoms
  of various mental health conditions such as
  anxiety, depression, and PTSD.
• Emotional support animals differ from service
  animals in that service animals are trained to
  perform tasks. Some animals may serve as both
  emotional support animals and service animals.

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Workplace Trends

• ADA implications for emotional support animals in
  the workplace
• According to the EEOC, there is no specific
  definition of service animal under Title I, and
  Title III regulations do not apply to questions
  arising under Title I
• Employers may need to consider allowing therapy
  animals and emotional support animals
• Employers may need to consider allowing animals
  other than dogs
• Employers have the right to request documentation
  or demonstration of the need for the service
  animal, that the service animal is trained, and
  that the service animal will not disrupt the
  workplace

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Workplace Trends

• Accommodation Example
• An employee with post traumatic stress disorder
  and anxiety worked in a call center. He requested
  to bring in his service dog as a support animal.
  Because the disability was not obvious, the
  employer requested that the employee provide
  medical documentation to show that the dog was
  needed for this purpose. The employee provided a
  limited amount of medical information to the
  employer along with a document from the agency
  that trained the dog.

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Workplace Trends

• Trend 9 IT Involvement
• Effective engagement of Information Technology
  (IT) professionals is key to providing effective
  accommodations not only for computer and
  telephone related tasks, but also for any
  accommodation involving computer related
  equipment or access to the internet. One example
  is video remote interpreting (VRI) which allows
  an interpreter to interpret during a live meeting
  or training without being physically present.

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Workplace Trends

• ADA implications for IT involvement
• Internal policies may require that IT be involved
  in approving certain types of accommodations
• Employers need to avoid unnecessary delays
• IT may recognize, prevent or address
  compatibility issues
• IT professionals may be helpful in resolving
  technical issues internally
• May benefit from training on AT currently in use
• May benefit from training on ADA/accessibility
• May reduce implementation costs

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Workplace Trends

• Accommodation Example
• A federal employee with a vision impairment was
  having difficulty accessing her telephone to make
  receive and transfer calls. The employer had
  reached out to both JAN and CAP in search of
  accommodation ideas. A software-based solution
  for making receiving and transferring calls via
  the computer was discussed. However, when the HR
  person handling the request checked with IT, she
  learned that the software was not compatible with
  the employer's phone system. The employer
  arranged for a representative from the IT
  department to participate in a conference call to
  discuss other possible accommodation options.

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Workplace Trends

• Trend 10 EEOC Guidance on Interpreters
• A guidance letter dated October 28, 2013 states,
  An interactive process with an employee will
  help ensure initial selection of an effective
  accommodation and will be important for
  reassessing a situation if the employee requests
  a change to an accommodation that has been
  provided. For instance, if a particular
  interpreter is not effective for the individual
  (e.g., does not use the same type of sign
  language as the employee, or cannot sign quickly
  or accurately enough), the employer should
  arrange to provide an alternative individual as
  an effective accommodation. Similarly, if a
  technological device is too slow or experiences
  frequent disconnections inhibiting communication,
  the employer should determine whether it needs to
  be repaired or replaced with a properly
  functioning or upgraded version, or whether a
  different accommodation is needed.
• http//www.eeoc.gov/eeoc/foia/letters/2013/ada_sig
  n_language_interpreters.html

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Workplace Trends

• ADA implications for EEOC Guidance on
  Interpreters
• Employers may need to consider employees requests
  for different types of interpreters. In order to
  provide effective accommodations
• May need to consider interpreters with
  specialized skills or knowledge
• In some cases, more than one type of interpreter
  may be needed in order to meet communication
  needs
• Employers may need to consider accommodations
  related to video phones and services such as
  video remote interpreting (VRI) and video relay
  services (VRS)
• Equipment may need to be updated or replaced
• Internet connections need to be stable enough to
  effectively access these services

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Workplace Trends

• Accommodation Example
• An employee of a nonprofit organization serving
  individuals with developmental disabilities was
  deaf and was having difficulty passing a test
  needed to meet the qualification standard. He had
  received interpreter services during a training
  related to the test, but did not pass the test.
  The employee asked to repeat the training with
  the accommodation of services from a Certified
  Deaf Interpreter (CDI). A CDI is an interpreter
  who is also a person who is deaf or hard of
  hearing. They often work as a team with a hearing
  ASL interpreter and have knowledge of deafness
  and deaf culture.
• Read more about Certified Deaf Interpreters at
  http//www.rid.org/UserFiles/File/pdfs/120.pdf

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Workplace Trends

• JANs Interactive Process

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The Interactive Process

• Why have a process?
• Consistency
• Successful Accommodations
• Good Faith Effort
• ADA Basics Interactive Process
• Recommended
• Shows Good Faith Effort
• JANs Interactive Process at http//askjan.org/
  media/eaps/interactiveprocessEAP.doc

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Five Practical Tips

• Providing and Maintaining Effective Job
  Accommodations
• Tip 1. Develop Written Policies and Procedures
• Why?
• Awareness
• Consistency
• Documentation
• JAN's Employers' Practical Guide to Reasonable
  Accommodation Under the ADA at http//askjan.org/E
  rguide/index.htm

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Five Practical Tips

• Providing and Maintaining Effective Job
  Accommodations
• Tip 2. Train All Managers and Supervisors How to
  Recognize and Respond to an Accommodation Request
• Why?
• ADA Compliance
• Effective Use of Policies and Procedures
• How?
• Reasonable Accommodation and Undue Hardship
  (EEOC) at http//www.eeoc.gov/policy/docs/accommo
  dation.html

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Five Practical Tips

• Providing and Maintaining Effective Job
  Accommodations
• Tip 3. Have a Process for Determining Effective
  Accommodations
• Where to begin?
• Employee
• Employees Medical Provider
• Other Resources
• JANs Medical Inquiry in Response to an
  Accommodation Request at http//AskJAN.org/media/
  Medical.htm

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Five Practical Tips

• Providing and Maintaining Effective Job
  Accommodations
• Tip 4. Monitor and Update Accommodations
• Remember to
• Monitor the Effectiveness of the Accommodation
• Update Periodically if Needed
• Keep the Lines of Communication Open
• Document Efforts

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Five Practical Tips

• Providing and Maintaining Effective Job
  Accommodations
• Tip 5. Train New Employees
• Remember to
• Train New Managers and Supervisors
• Train New Employees
• JANs Training Hub at http//askjan.org/training/i
  ndex.htm

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Job Accommodations

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