NAP- Neighborhood Alliance of Pawtucket

Job Accomodations

Spring Issue from Jan from S>A>D> to Pregnancy Discrimination

Volume 2, Issue 1, Second Quarter, 2004



JAN E-News is the quarterly newsletter of the Job Accommodation Network. JAN is a service of the U.S. Department of Labor's Office of Disability Employment Policy. This newsletter will help keep you informed of new work site accommodation tools and techniques, changes at JAN, and other issues important to improving employment opportunities for people with disabilities.

Disclaimer: This document does not represent a statement of policy by the U.S. Department of Labor.



Please use the links at the end of this document to subscribe, unsubscribe, and contact us.


Index
1. JAN Symposium Scheduled
2. Pregnancy As a Workplace Issue
3. Seasonal Affective Disorder
4. Accommodating People with Vertigo
5. The Small Business Plan
6. Contact JAN




1. JAN Symposium Scheduled
The Job Accommodation Network presents Charting the Course: Accommodating and Employing People with Disabilities, on September 20th and 21st in Orlando, FL. During this unique learning experience, Job Accommodation Network (JAN) consultants and other invited presenters will provide focused, concise answers to accommodation questions that confront employers today. This symposium is designed for human resource managers, supervisors, and other professionals who have responsibility for the hiring and management of employees. Three concurrent training tracks: Accommodation, Innovative Employment Practices, and ADA/Legal allow the participant to tailor the experience to the needs of his or her organization. JAN experts from the Motor/Mobility, Sensory, Cognitive/Psychiatric, and the Small Business and Self-Employment teams will provide highly interactive sessions in all tracks. Guest speakers will provide special training opportunities. Richard Pimentel of Milt Wright and Associates is delivering the keynote address, "Putting a Face on Disability. Dinah Cohen of the Department of Defense's Computer/Electronic Accommodations Program (CAP) will provide a luncheon address and Peter Blanck, Director of the Law, Health Policy & Disability Center at the Iowa College of Law, will provide the closing session, "Americans with Disabilities and their Civil Rights: Past, Present, and Future." For complete symposium information and agenda updates, please visit http://symposium.jan.wvu.edu/.




2. Pregnancy As a Workplace Issue JAN receives many calls asking how employers can accommodate women who are pregnant and whether they are protected by discrimination laws. This article provides accommodation ideas for women who are pregnant as well as information about federal and state laws that may apply to pregnancy and complications of pregnancy.

First, women who are pregnant may be protected under the Pregnancy Discrimination Act, an amendment to Title VII of the Civil Rights Act of 1964. The Equal Employment Opportunity Commission (EEOC) (1-800-669-4000) states in its Pregnancy Discrimination Act Fact Sheet:
If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing modified tasks, alternative assignments, disability leave or leave without pay. http://www.eeoc.gov/facts/fs-preg.htm
Second, women who are pregnant may be protected under non-discrimination legislation that addresses the need to provide work-place accommodations. Under the Americans with Disabilities Act (ADA) individuals who work for covered private employers may have protection if they meet the definition of a disability (i.e., have a physical or mental impairment that substantially limits one or more major life activities, have a record of such impairment, or be regarded as having such an impairment). Similarly, individuals who work for covered federal employers may be protected under the Rehabilitation Act if they meet this definition. EEOC addresses pregnancy related issues in its guidance on the ADA definition of disability:
Pregnancy -- Because pregnancy is not the result of a physiological disorder, it is not an impairment. . . Complications resulting from pregnancy, however, are impairments. http://www.eeoc.gov/policy/docs/902cm.html
If a person meets the definition of having a disability under the ADA or the Rehabilitation Act, a covered employer must provide reasonable accommodation unless it would cause an undue hardship. Women who are pregnant may experience a variety of symptoms (e.g., morning sickness, fatigue, difficulty sleeping, and back pain) and limitations (e.g., lifting, walking, standing, sitting, and being exposed to chemicals, germs, and radiation).

Accommodation ideas for women who are pregnant include providing a modified schedule, a modified dress code, flexible use of leave, periodic rest breaks, work from home, and/or a reassignment to a less physically demanding job. Additional accommodation ideas include providing lifting aids, an ergonomic workstation, a workstation away from exposure to irritants, reserved parking close to the work-site, and accommodations related to emergency evacuation. To learn more about JAN's Accommodation Ideas for Pregnancy, visit: http://www.jan.wvu.edu/soar/other/preg.htm

Third, employees may be protected under the Family and Medical Leave Act (FMLA) of 1993 if they work for a covered employer and meet the eligibility requirements. The FMLA entitles qualified employees to take 12 weeks of leave during a 12 month period for "birth and care of the newborn child of the employee; for placement with the employee of a son or daughter for adoption or foster care; to care for an immediate family member (spouse, child, or parent) with a serious health condition; or to take medical leave when the employee is unable to work because of a serious health condition" http://www2.dol.gov/esa/regs/compliance/whd/whdfs28.htm. For more information, contact the U.S. Department of Labor's Wage and Hour Division at 1-866-487-9243.

Finally, women who are pregnant may have protection under state laws. Visit JAN's Civil Rights Agencies and State Fair Employment Practice Agencies link http://www.jan.wvu.edu/cgi-win/TypeQuery.exe?037 to find the agencies that provide information regarding state discrimination laws.

Aside from legislation, it simply makes good business sense to accommodate women who are pregnant on the job. Developing effective practices and creating a supportive work environment enhance the ability of employers to hire and retain a talented workforce.

- Carmen Fullmer





3. Seasonal Affective Disorder




Have you ever dreaded your five-day weather forecast because the meteorologist says it is going to be cloudy with showers or flurries with the UV index reaching only 1? If you have been feeling "down" and "not quite yourself" during the winter and spring months, you may be experiencing the effects of Seasonal Affective Disorder (SAD), a type of depression that is exacerbated by gray overcast skies and poor indoor lighting. Some common symptoms of SAD are:
Oversleeping; Fatigue; Cravings for carbohydrates and sweets; Feeling lethargic; Irritability and stress intolerance; and Lack of interest in daily activities or social interactions.
Treatment for SAD usually involves non-sedative selective serotonin reuptake inhibitor (SSRI) drugs such as Zoloft, Ludtral, and Prozac, members of the family of drugs used to treat people with depression, combined with light therapy. Light therapy is exposure to high intensity bright lights, typically referred to as light or sun boxes. An individual spends a period of time each day exposed to this light, and treatment can last from 30 minutes to 2 hours per day. Many of these light boxes are portable and can be placed on a desk or table in the work environment.

Four basic light products are available to accommodate workers with SAD:
Light Boxes: These are rectangular light fixtures that have several fluorescent tubes that produce between 5,000 and 10,000 lux and come in many different sizes and styles. Light Visors: These are head-mounted light sources that resemble tennis visors and are good choices for people who do not have sedentary jobs or need to be mobile during the day. Dawn Simulators: These are devices that mimic natural sunrises by gradually brightening rooms over programmed periods of time.For information on where to purchase these products, see: http://www.jan.wvu.edu/cgi-win/OrgQuery.exe?Sol400. For additional information on SAD visit: http://www.jan.wvu.edu/links/disspec.htm#SAD.



- Kendra Duckworth



4. Accommodating People with Vertigo

Vertigo is the sensation of spinning, whirling or dizziness that occurs as a result of a disturbance in balance. Vertigo can be described as either subjective or objective. Individuals who experience objective vertigo feel like things in their environment are moving, while individuals with subjective vertigo feel as if they are spinning. Vertigo can be caused by Meniere’s Disease, viral infections, central nervous system disorders such as stroke, migraines, Multiple Sclerosis, head trauma, acoustic neuroma (tumor), cardiovascular disorders, and sharp changes in blood pressure.

A person’s ability to work can certainly be impacted by vertigo. Individuals may be limited in activities such as getting out of bed; walking; traveling; working around moving objects, under bright or fluorescent lights, or at heights; climbing ladders; viewing a computer monitor; or working in an environment that has many colors or patterns (e.g., a patterned carpet).

Accommodations should always meet the specific needs of the unique individual. JAN provides the following accommodation suggestions based upon the most common vertigo-related limitations that customers ask JAN Consultants about:
provide flexible leave; permit the employee to work a modified or part-time schedule; offer telework; provide an alternative to fluorescent lighting; provide a flicker-free or flat panel monitor; provide screen reading software; be conscious of d?©cor and provide a work environment that has solid carpeting, walls, etc.; provide breaks as needed and an area where the person can lie down; reduce stress on the job (e.g., remove marginal job functions or restructure when or how essential functions are performed); and create a plan of action that outlines how to respond if the employee becomes severely dizzy while working.Contact JAN at 1-800-526-7234 V/TTY for more information about accommodation ideas for individuals experiencing vertigo.

Resources
Vertigo. neurologychannel by Healthcommunities.com
http://www.neurologychannel.com/vertigo/

Balance Disorders. National Institute on Deafness and Other Communication Disorders (NIDCD) http://www.nidcd.nih.gov/health/balance/balance_disorders.asp

- Tracie D. Saab



5. The Small Business Plan




One of the first questions on the minds of many Small Business and Self-Employment Service (SBSES) callers is “Where can I locate funding to start my small business?”

Although this is a logical question to ask, often too little thought is given to the preparation needed for starting a small business and to the planning process itself.

Many people view business planning as a required formality to obtain funding instead of an integral tool in the successful planning of a business. CCH Incorporated (http://www.toolkit.cch.com/text/P02_0001.asp) states on their Web site: "...business planning is all about taking your dream and turning it into reality. A business plan is the document you create when you take an idea for a commercial endeavor and work through all the factors that will have an impact on the successful startup, operation, and management of the business. Smart entrepreneurs plan, not because accountants or business advisors tell them to, but because they understand that it increases their chances for success."

Although each business plan is unique to the individual's particular idea, the Small Business Administration Online Women's Business Center provides information on steps that are integral to developing a successful business plan. (http://www.onlinewbc.gov/docs/starting/preparing.html). The following summarizes their recommendations:



1. Identify your objectives. Determine your audience, what your audience
needs to know, the areas you need to emphasize, and make choices about
what is important to include or eliminate.

2. Outline your business plan. Having a good outline will facilitate the writing of the business plan and can be as general or as specific as the author wishes.

3. Write your plan: In this stage the entrepreneur needs to gather information he or she wants to include in the plan and prepare accompanying financial statements. This also is an opportunity to assess whether the business as envisioned is workable and is an opportunity to make appropriate adjustments. The Online Women's Business Center suggests looking at these financial issues before you put extensive time into writing the plan. If they are not workable, it may mean adjusting the business idea. The writing of the plan itself then follows. Finally, the last step includes the writing of the Executive Summary which summarizes the key sections of the business plan.

4. Have your plan reviewed. This is an opportunity to have others read over your business plan and make suggestions. Counselors at Small Business Development Centers, Women's Business Centers, and microenterprise organizations can provide valuable feedback on the plan's readability and effectiveness in communicating the author's vision and ideas. Once the entrepreneur has this feedback, revisions can be made that will improve the plan. (For more information on this process, see the Online Women's Business Center Web site at http://www.onlinewbc.gov/)

5. Importance of preparing a small business benefits analysis. An essential business planning step for entrepreneurs with disabilities who are receiving SSI and/or SSDI is to prepare a small business benefits analysis in conjunction with the business plan. Because self-employment income can affect Medicaid, Medicare, Section 8 housing, and other income support programs, it is important for a prospective business owner to assess how self-employment income will affect that business owner’s benefits. These issues are outlined in detail in the following book:
Cary Griffin & Dave Hammis: Making Self-Employment Work for People with Disabilities (2003). http://www.pbrookes.com/store/books/griffin-6520/

There are a wide range of resources available that can assist with the business planning process. These include business planning organizations and consultants, books, online tutorials, computer software, and so on. Many of these resources are highlighted on the SBSES Web page Business Plan Resources: http://www.jan.wvu.edu/SBSES/BUSINESSPLANRESOURCES.htm

The following book also provides useful guidance with business planning and focuses on the unique needs of entrepreneurs with disabilities.
Alice Weiss Doyel: No More Job Interviews: Self-Employment Strategies for People with Disabilities (2000) http://www.trninc.com/nomoreinterviews.htm

The most important point to remember is that business planning is a process and there are many resources available that can assist the aspiring entrepreneur with a disability on this journey.

- Kim Cordingly and Mike Smith




6. Contact JAN



E-mail: jan@jan.wvu.edu



JAN Web site: www.jan.wvu.edu

Small Business and Self-Employment Service: http://www.jan.wvu.edu/sbses/



Call JAN: 1-800-526-7234 (Voice/TTY), 304-293-5407 (Fax)
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