Short Term Accommodation For People With Disability
Short term accommodation disability can provide people with disability the opportunity to live away from home and build independence. It can also be used for respite to allow carers a break.
ADA regulations require that operators of lodgings and places of public accommodation comply with ADA accessibility requirements. Landlords who lease their buildings to these types of operations must also be aware of the ADA requirements.
Accommodations for Pregnant Employees
Under federal and state law, including the Pregnant Workers Fairness Act and New York City's Human Rights Law (NYSHRL), pregnant workers have a legal right to reasonable accommodations for limitations in their physical abilities caused by pregnancy or childbirth. Employers must provide these accommodations unless they can prove an undue hardship would result from them.
Accommodations related to pregnancy might include allowing an employee to take more frequent, shorter breaks, changing a no-food or drink policy because of the risk of dehydration, providing a stool for employees with leg pain or swelling from standing for long periods of time, reassigning duties that require heavy lifting, providing private space to pump breast milk, and changing workstations to allow more movement and stretching.
When an employee requests a pregnancy-related accommodation, the employer must engage in the interactive process to discuss all possible options and choose the best one for the individual. Companies that fail to follow this protocol and retaliate against an employee who has made a request have paid tens of thousands of dollars to settle pregnancy discrimination and retaliation lawsuits.
Accommodations for Employees with Disabilities
The Americans with Disabilities Act defines disability as a physical or mental impairment that substantially limits one or more major life activities. Conditions that may have a permanent impact, such as traumatic brain injury or multiple sclerosis, also qualify as disabilities. However, conditions that produce temporary periods of disability are still covered under the ADA, including epilepsy or a chronic condition such as fibromyalgia.
If it is not clear from the medical information provided by a requestor, or if a RAC determines that the impairment does not qualify as a disability or that a reasonable accommodation would not be effective, the RAC may request additional documentation. This includes medical or other evidence indicating the existence of a
disability; the nature, severity and duration of the impairment; and its effect on the ability to perform work-related functions.
Both the employee and employer should be involved in this process. The employee often knows what barriers the impairment presents in the workplace, and the employer is familiar with the systems and practices in place at their company.
Accommodations for Employees with Mental Health Conditions
Although physical injuries and disabilities receive a great deal of attention in the workplace, mental health issues often go unnoticed. It can be challenging to ask for accommodations when suffering from a mental illness, especially if your employer is unfamiliar with the ADA or harbors unfortunate stereotypes and biases against those who struggle with psychiatric illnesses.
Symptoms of acute-and sometimes chronic-mental health episodes can be devastating to productivity. Fortunately, these conditions are covered by most group short term disability insurance policies and the ADA states that workers who suffer from such episodes can request reasonable accommodation. For example, working from home or reducing work demands can help employees manage their symptoms. The key is to engage employees with the interactive process and to focus on solutions that will effectively support performance.
Accommodations for Employees with Traumatic Brain Injuries
If you’re an employee who has suffered a traumatic brain injury (TBI), you may be eligible for accommodations that can help you return to work. These accommodations can include changes to your work environment, such as providing you with a quiet workspace or providing written instructions rather than verbally telling you what to do.
You might also need additional time to complete tasks or a reduced workload. You can request these accommodations if your employer agrees that the change will help you return to work and perform at your best.
While some people who suffer a TBI may be reluctant to request accommodations, these are vital tools that can allow you to regain your skills and confidence in the workplace. It’s important to remember that accommodations are not just a favor; they’re a civil right guaranteed by law. Just like a blind person needs a magnifier, a TBI survivor needs an accommodation to help him or her succeed at work.
