Presented by:Dan Neubert

o Reasonable Accommodation

o Transitional Work

o Remain at Work Program

o Vocational Rehabilitation

o Job Retention

o The Americans with Disabilities Act requires employers with 15 or more employees to provide reasonable accommodation for persons with a disability.

o Making existing facilities accessibleo Job restructuringo Part-time or modified work scheduleso Acquiring or modifying equipmento Reassignment to a vacant position

“This type of reasonable accommodation must be provided to an employee who, because of a disability, can no longer perform the essential functions of his/her current position, with or without reasonable accommodation, unless the employer can show that it would be an undue hardship.”

“An employee must be “qualified” for the new position. An employee is “qualified” for a position if s/he satisfies the requisite skill, experience, education and other job-related requirements of the position and can perform the essential functions of the new position with or without reasonable accommodation.”

“The employee does not need to be the best qualified individual for the position in order to obtain it as a reassignment.”

The EEOC’s suit alleged that Sears maintained an inflexible workers’ compensation policy and terminated employees instead of providing them with reasonable accommodations for their disabilities.

o John Bava o Service Techniciano Injured on the Jobo Permanent Restrictionso Repeatedly attempted to return to work

o Sears Roebuck & Co.o Failed to provide Bava with a reasonable

accommodation.o Terminated his employment after his

workers’ compensation leave expired.o Hundreds of other employees were

terminated without Sears considering reasonable accommodation to return them to work while they were on leave.

Sears pays $6.2 Million for Disability Bias

o Amend its workers’ compensation leave policy

o Provide written reports to the EEOC detailing its workers’ compensation practices’ compliance with the ADA

o Train its employees regarding the ADAo Post a notice of the decree at all Sears

locations

o For injured workers with job restrictions resulting from the allowed injury

o Assists the injured worker in progressively performing the duties of a job

o Developed in conjunction with the employer, injured worker and physician of record

o Length of program usually 12 weeks or lesso Program is temporary and transitional

o Remain at Worko Vocational Rehabilitationo  Job Retention

o Injured worker with a Medical Only claimo Difficulty at work related to the allowed

conditiono Services provided to stay on the job

o Transitional worko Gradual return to worko On the Job Trainingo Job Modificationo Tools and equipment

Injured worker not working due to injury related restrictions.

Injured worker is working but having difficulty due to injury related restrictions.

o Individualized and Voluntary program for eligible injured workers with a Lost Time Claim.

o Provides assistance in safely returning to work or in retaining employment.

o Emphasizes restoring or maximizing the injured workers’ abilities.

o Minimizing long debilitating absences from work.

1. Same Job, Same Employer

2. Different Job, Same Employer

3. Same Job, Different Employer

4. Different job, Different Employer

o Employer Incentive Contracto Gradual Return to Worko Job Modificationso On-the-Job Trainingo Work Trial

o Tools and equipmento Trainingo Therapy (PT & OT)o Job Seeking Skills Trainingo Relocation Expenseso Job Placemento Transitional Work

o Safely return injured workers to productive jobs

o Prevent Medical Only claims from becoming Lost Time Claims

o Minimize costs of claims o Vocational Rehabilitation costs are charged to

the Surplus Fund o Reduce reserves on claims and ultimately

reduce premiums

Please feel free to call Dan Neubert at

216-426-0646 to discuss.