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A Guide to Providing & Receiving Reasonable Accommodation
Employment accommodation is defined as adaptations or adjustments that help people with disabilities compete for jobs and perform all employment activities. Employment accommodation should include and integrate people with disabilities into the workforce in ways that respect their dignity and worth.
Why is it Important?
People with disabilities are often overlooked when the time comes to recruit, hire and promote. In order to hire the most qualified people, employers need to draw from the largest possible pool of candidates. This pool most definitely includes people with epilepsy. They comprise a productive sector of the workforce today, even though some need accommodation on the job. As an employer, you should be concerned about providing an accessible, safe and healthy working environment for everyone in your workplace. More often than not, this accommodation can be provided at little or no cost.
Who's Responsibility is Accommodation?
According to the Ontario Human Rights Code, it is required by law for an employer to provide reasonable accommodation for employees with disabilities, unless they can prove it will cause the organization "undue hardship". The Code prescribes 3 factors which are to be considered in assessing whether a requested accommodation would cause undue hardship. These are cost, outside sources of funding, and health and safety requirements. It is the employer's responsibility to prove that accommodation is causing undue hardship.
Accommodation must be done in a way that respects the dignity and worth of the person with a disability. However, one must keep in mind that although it may be an employer's responsibility to provide reasonable accommodation, it is the employee's responsibility to bring it to the attention of the employer. After all, the employer cannot provide accommodation when they are unaware that it is necessary.
An employee who has been denied accommodation can file a complaint under the Code. Failure to provide accommodation to an employee with epilepsy short of undue hardship may be found to be discrimination on the basis of disability. If you are not being offered reasonable accommodation, please contact the Ontario Human Rights Commission to help you determine if your rights are being infringed.
The employer, if denying accommodation, is required to prove that the accommodation causes undue hardship within the standards set out in the associated sections of the Code. It is not up to the person with a disability to prove that the requested accommodation can be accomplished without undue hardship.
The person with a disability is obliged to answer questions which are within his/her knowledge and ability to answer with regard to the particular circumstances or equipment required in the specific situation.
If the person with a disability does not have the technical expertise to determine what accommodation is necessary to meet his/her needs, the person responsible for accommodation may have to obtain expert opinions or advice.
Although the person in need of accommodation must answer questions that will help the employer determine an appropriate accommodation model, s/he is not required to disclose any private information.
The nature of the evidence required to prove undue hardship is objective. The person responsible for accommodation must provide facts, figures, and scientific data or opinion to the Commission to support the company's claim that the proposed accommodation causes undue hardship. The Commission will expect more than a statement that the cost or risk posed by an accommodation is too high. Objective evidence must be provided to support the opinion.
Making decisions regarding accommodation often requires special expertise or special knowledge. Individuals with disabilities and persons responsible for accommodation are encouraged to seek assistance when assessing the type of accommodation required and the costs and risks of such accommodation.
Information
The Employer and Accommodation
Tips for EmployersAn employer is not only responsible for accommodation on the job, but also for everything from the job advertising to the exit interviews. Here are some suggestions for employers to keep in mind.
Make your job competitions inclusive and accessible to everyone who qualifies.
- Job descriptions should be detailed, accurate and up-to-date, with essential and non-essential duties differentiated. As an employer devoted to employment diversity, job redesign may be necessary. Most job descriptions can be modified by simply focussing on the expected outcomes of the job, while keeping in mind the needs of the applicant.
- When conducting a formal job interview, be sure to remember that you must conduct the same interview with someone with a disability as you would someone without an obvious disability. Unless the individual raises it, the job interview is not the appropriate time to discuss a disability. An appropriate time to discuss what accommodation an employee might need is after you have given them a conditional offer of employment.
- Be sure to revise your language. When discussing accommodation with the employee, take care to use language that focuses not on the person's disability, but on the person's abilities. An appropriate question to ask is "Will you need accommodation to do this task?", rather than "Can you do this task?". Ask the same question of all applicants, regardless of whether or not they have a disability.
- A person with a disability does not need extra or preferential treatment when starting a new job. There is no need to prepare your staff any differently than you would for the arrival of any other new employee.
- Although it is an employee's responsibility to bring the need of accommodation to an employer's attention, take a pro-active approach to accommodation. Let your staff know that you are available at all times to discuss accommodation issues.
- Remember, there is no simple answer to who needs what accommodation. Determining what accommodation is needed by each person should be done on a case-by-case basis. The employer and the employee should come together and use their problem solving skills to figure out the best approach to accommodation.
There are many organizations with the skills and resources necessary to assist employers/employees with accommodation issues. Please refer to the Resources section for more information about these organizations.
Examples of Job Ads that Make a Difference
from Ontario's Equal Opportunity Plan brochure
@ IBM Great Minds Don't Think Alike
Equal Opportunity… to excel
It's easy to forget that a company is much more than the products it creates or the services it delivers. Every company in the world is a collection of individuals. And ultimately, the strength of a company is how well it unleashes the power and diversity of those individuals. As an organization that has always dedicated itself to invention and creativity, IBM depends on diversity of thought to succeed. That's why we're constantly searching for the spark and inspiration that will raise us above and beyond conventional wisdom. We've learned that the only places you'll find kinds of breakthroughs are in the minds of varied and inspired individuals who can operate successfully in well-supported teams. So, when we say we enthusiastically support a diverse and flexible workforce, we mean it. After all, the different perspectives and life experiences people bring to IBM help us to deliver on our promise… solutions for a small planet.
Leaders think differently
If you want to be valued for who you are and what makes you different, take another look at IBM. After all, doing things differently is why customers trust us to deliver tomorrow's solutions.
from IBM Canada Ltd. advertisement in the Globe and Mail and the Toronto Star
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Diversity is Our Strength
Skill, experience and integrity have made Consumers Gas the largest distributor of natural gas in Canada and the supplier of choice for over 140 years. We have maintained our leadership by hiring the best talent from all areas of the community and by developing our people to achieve their full potential. Our competitive strength comes from the contributions of our staff. We actively promote the principles and practices of equal opportunity and encourage applications from all qualified persons.
At Consumers Gas it's your ability that counts.
from an advertisement in abilities magazine
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What if I have provided accommodation for an employee,
and the situation is still not working out?Remember that employment accommodation is not always a one-time provision; an individual's needs can change over the course of employment, as can the job itself. If an employee approaches you to tell you that s/he cannot perform well enough without further accommodation, it may be entirely legitimate. It is important to ensure that all employees understand what performance level is expected of them, and what workplace ethics are a part of your corporate culture.
Accommodation is a means of enhancing an individual's abilities, and of ensuring that workplace performance standards are met, not compromised.
The Accommodation ProcessAccommodation for people with epilepsy is done primarily on a case-by-case basis. The person responsible to provide the accommodation should discuss the best possible method with the employee in need of the provision. Many times, help from an outside organization is needed.
The Job Accommodation Network (JAN) provides the following suggested questions to ask when accommodating an employee with epilepsy.- Does the employee have epilepsy or just an isolated seizure?
- What type(s) of seizures does the person typically have?
- Does the person have auras prior to the seizures?
- How well are the seizures controlled by medication?
- Specifics about Occupation & Job Tasks
- What are the essential tasks of the person's job? What are the marginal tasks?
- What job tasks can be performed by the employee and which tasks are difficult as a result of the seizures?
- How are the job tasks typically performed?
- Are there work related factors that seem to affect the occurrence of the employee's seizures?
- Are there times of the day when the person is able to better perform certain job tasks?
- Are there potential workplace hazards?
- What are the employer's usual contingency plans for emergency situations?
- What, if any, accommodations have already been implemented?
- Has the supervisory or other staff received first aid training?
Accommodations for People with EpilepsyAn employer's accommodations for an employee with epilepsy are, for the most part, simple arrangements which help to ensure safety in the workplace and maximize the highest potential of the employee.
Someone with epilepsy may not need the following accommodations or may need an accommodation that is not listed.- Arrange work schedules to avoid undue sleep disruption.
- Install a safety device around machinery.
- Place a piece of carpet over a concrete floor at the employee's work site.
- Replace a flickering light with a steady light source.
- Reassign to another employee any non-essential duties compromised by a person's seizure disorder.
- Allow a flexible starting time for an individual with nocturnal seizures to accommodate the need to sleep later on mornings after a seizure.
- Give an individual a regular shift or work only during daylight to reduce the possibility of seizures which may occur if the person does not have a steady routine.
- Allow an individual who needs to rest for a period of time after a seizure the option of making up missed hours during evenings or weekends.
Additional Examples
based on information from JAN's website - Allow the employee sufficient time to become familiar and comfortable with the job and work environment. The stress of starting a new job may temporarily bring on a few seizures for a person who ordinarily has good seizure control.
- Flexibile scheduling may be needed occasionally for people who use public transportation. Many, though not all, people with epilepsy rely on public transportation.
- Have 1 team member drive for jobs in which driving is generally a shared responsibility, if the person with epilepsy is unable to drive.
- Assign the employee with epilepsy to work on machines equipped with safety switches which turn off the machine automatically.
- Educate supervisors and co-workers about first aid for seizures and post first aid instructions in the work area. In some situations, having a "buddy system"— in which one employee in the same workplace is designated to assist the person having a seizure — can be help in reduce panic, confusion and lost time.
- Allow an employee with epilepsy to take medication at required times, or work with the doctor to revise the medication schedule if it interferes with work.
- For a person with epilepsy who has memory problems due to brain injury, put instructions in writing and allow more time for recuperation. It is often helpful for the employee's neurologist or physician to review the job duties and make recommendations which may help the employee accomplish the job.
Accommodation for Employees with Photosensitive Epilepsy
- Glare guards and/or tinted computer glasses reduce or eliminate glare, and decrease colour intensity and contrast on the monitor.
- Ensure the employee does not sit too close to the monitor.
- Adjust the display intensity of the computer monitor.
- Reduce the blink rate of the cursor, or enlarge the cursor.
- In a Windows® environment, reduce the speed of the tabbing/flipping window to less than 3Hz (more than 3Hz can trigger seizures). Decrease the screen's roll rate.
- Change the colours of the monitor screen to a less bright scheme.
- Use a modern high resolution monitor to reduce the flicker effect due to refreshing the screen, or use an LCD screen.
- The employee should not work at the computer for extended periods of time.
- Replace flickering lights in the work area. Eliminate flourescent lighting, replacing it with incandescent or natural lighting. Full spectrum lighting can also be utilized (Sun Box, Bio Light).
- To prevent triggering seizures, reduce emergency strobe lighting to operate at 3Hz or less. Some jurisdictions require that emergency strobe lighting operates between 1 Hz and 3 Hz.
In addition, consider the following:- Place a light between the monitor and the person using the computer.
- Use larger monitors (larger than 15").
Memory AccommodationsMemory loss can be a problem after a seizure. The following story illustrates one person's challenge and her solution.
A box packer would have absence seizures while packing boxes and forget what she was doing. She made a checklist of each step of her job. Now when she has a seizure, she simply looks at the checklist to see what steps she has completed.
Other Memory Boosters
- Organize your workplace to cue yourself to your point in task.
- Learn to use a journal or diary to organize and date things.
- Keep an information card listing critical information.
- Keep cue cards with information you need but may not always remember.
- Tape record important classes or meetings.
- Carry an appointment book or pocket diary to remind you when to take medicine or keep an appointment.
- Use a carfinder to help find your car in a parking lot.
- Use your telephone answering machine to record reminders.
- Use a key finder.
Successful Accommodation Models for People with EpilepsyJAN provides the following examples of successful solutions to accommodation at the workplace. These have been taken from returned input sheets distributed by JAN.
1. A person working as a line production operator needed accommodations in the work place due to epilepsy. At times, she was unable to be at work as a result of seizures. Two major concerns were her attendance record and safety issues. The employer accommodated this individual by allowing absences resulting from seizures to not count against her attendance: these absences were given special consideration. The work environment was also altered to consider all safety precautions. For example, hot solder was moved and the employee was moved away from sharp corners.
Accommodation was made at no cost to the employer.
2. For a sewing machine operator who experienced tonic clonic seizures, safety issues were a major concern. To accommodate this individual, the sewing machine was moved so that when the employee had a seizure, she would not fall into it or other objects. Also, a local epilepsy affiliate provided seizure first aid and education.
Accommodation was made at no cost to the employer.
3. A quality control inspector with epilepsy was unable to drive a forklift or work on elevated platforms. He was placed in another job that would not require him to drive a forklift or work on platforms.
This accommodation has worked out well and was made at no cost to the employer.
Common Myths about Accommodating People with DisabilitiesMyth: The accommodations necessary to integrate a worker with a disability are too expensive.
Reality: North American statistics show that less than 25% of employees with disabilities require accommodation and 70% of those accommodation expenses are less than $500. Approximately 33% of those accommodations cost absolutely nothing, and another 20% cost $50 or less. Since most accommodations are relatively inexpensive, employers need not worry about undue financial hardship.
Myth: Companies don't benefit by making accommodations for workers with disabilities.
Reality: Companies do benefit. Making simple accommodations allows the employer to hire or retain an experienced worker, saves the cost of training someone new, and increases employee productivity. Accommodating workers with disabilities benefits everyone at the workplace. In fact, job accommodations can reduce workers' compensation and other insurance costs.
Myth: Hiring a worker with a disability may be disruptive to other workers or to office or plant routine.
Reality: Disruptions come in all shapes and sizes. Workers with disabilities are no more disruptive than anyone or anything else that enters a working environment. Studies show that workers with epilepsy are in fact more productive that those without the disorder. The keys to effective accommodation are flexibility, creativity, resourcefulness, and problem solving skills — skills that are needed for the successful operation of any organization.
Accommodating Employees to Ensure Better Mental HealthRecent Canadian studies suggest that work stress is viewed by workers as much more prevalent than work related injury or illness. Some of the world's largest corporations are investigating ways to optimize human health as a competitive advantage. Improving the workplace environment is significantly less time-consuming and less costly than recruiting, hiring and training new employees. Increased job satisfaction brings higher productivity and reduces turnover. Since people spend one-third of their life at work, reduced job stress will benefit all areas of an individual's life.
Information
Canadian Council on Rehabilitation and Work
Job Accommodation Network In Canada (JANCANA)
Promoted by the Canadian Council on Rehabilitation and Work and funded by Human Resources Development Canada, JANCANA is the Canadian service of the USA-based Job Accommodation Network (JAN).
To reach a Workplace Resources & Accommodation Specialist for the Canadian Council on Rehabilitation and Work, contact:
The JAN's website offers a comprehensive guide for both employers and employees facing accommodation issues regarding epilepsy. It provides useful information about accommodation for people living with epilepsy, photosensitive epilepsy issues, first aid, general resources, a listing of suppliers who offer photosensitive epilepsy friendly computers, and much more.
http://www.jan.wvu.edu/media/epilepsy.htm
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Last Modified: 07/17/2006 01:12:09 PM
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