Federal ADA law to define ‘substantially limited’

Whether it’s providing screen readers to those with vision problems or reducing stress for employees with post-traumatic stress disorder, employers are expected to make workplace accommodations for a wide range of disabilities.
But employers are not on their own in the search for proper accommodations or in navigating the law. This was the message delivered to a group of 40 vocational counselors, employment specialists and human-resource professionals at a Nov. 20 conference sponsored by the Rhode Island Business Leadership Network, the R.I. Department of Human Services’ Office of Rehabilitation Services and the Paul V. Sherlock Center on Disabilities.
Anne E. Hirsh, co-director of the Job Accommodation Network, explained the myriad resources provided by JAN and the additional help that will soon come from lawmakers when the ADA Amendment of 2008 goes into effect in January 2009, providing a clearer definition of what physical and mental conditions should be considered disabilities.
Hirsh said that the Job Accommodation Network, created in 1983 by the U.S. Department of Labor’s Office of Disability Employment Policy, assists employers in hiring and retaining qualified workers with disabilities by showing them how to meet said employees’ individual needs. It also helps educate employers on disability law, including the Americans with Disabilities Act.
JAN does this through a confidential hotline and a comprehensive Web site, which includes SOAR (Searchable Online Accommodation Resource), an up-to-date list of suggested accommodations for 45 common disabilities.
The confidential hotline is staffed by professionals from a wide variety of fields, including law, business and psychiatry, according to JAN.
Victoria Ferrara, an employment coordinator at the Paul V. Sherlock Center on Disabilities, said her organization chose Hirsh as the speaker for the conference because JAN is such a valuable yet “underutilized” resource.
“They are a national technical assistance resource and are experienced with identifying functional impairments that are impacting work and with the vast interventions needed to help somebody to do their work,” said Ferrara. “They look at the industry’s needs in the workplace in addition to the needs of the employee.”
Ferrara and Hirsh said that interventions or accommodations end up having a positive effect on businesses by enabling them to retain employees and hire the most qualified workers.
“The benefit is a skilled work force with experience and knowledge that also helps an employer gain insight into the disability community in terms of services and products they sell,” said Hirsh. “Additionally, research and my experience supports [the fact that] hiring workers with disabilities often leads to better worker-retention rates and productivity.”
“The benefit of being able to retain an employee is that they continue to have a skilled person who can be a valuable resource to the company,” she continued. “With a minor accommodation they are able to keep that person as productive as they were before. And the business saves retraining costs. It’s more cost effective to retain someone than replace someone.”
“And if they need to hire … there may be someone who is more skilled who is disabled. If they look past the disability, a minor accommodation could let them tap some good potential,” she said.
Hirsh also stressed that the financial burden of disability accommodations is often extremely low.
According to JAN’s research, 46 percent of accommodations are made at no cost, such as allowing flexible scheduling. Of those that incurred a cost, the typical expenditure was around $500.
And the results are impressive. Seventy-five percent of employers surveyed told JAN that the accommodations were “either very effective or extremely effective.”
JAN also helps employers navigate the Americans with Disabilities Act, which is about to be amended in January.
The changes include a definition of the term “substantially limited,” which the original act did not have. It is widely expected that the amendment will broaden the law’s working definition of what constitutes a disability.
Now is a good time for employers to examine their current practices and see where they can improve, she added.
“Employers are telling us they are evaluating their accommodation-request policies to be sure they are taking into account those who may now be covered should someone make a formal or informal request for an accommodation,” Hirsh said. “We expect employers to explore accommodations more.” •