Embed Size (px)
Citation preview
Slide 1Copyright 2018 – Reasonable Accommodation, LLC Slide 1
The Role of the ErgonomistUnder ADA Title I and the 1973 Rehabilitation Act
Slide 2Copyright 2018 – Reasonable Accommodation, LLC Slide 2
We are in a new age of opportunity for those trained in ergonomic evaluation. Responding to the demands of Title I
of the ADA and various sections of the Rehab Act, the ergonomic evaluator can play an expanded role in hiring, retention, reasonable accommodation, and direct threat
management.
A New Age
Slide 3Copyright 2018 – Reasonable Accommodation, LLC Slide 3
The intent of Title I of the Americans with Disabilities Act (ADA) and the 1973 Rehabilitation Act is to remove roadblocks to application, hiring, retention, and return-to-work of the qualified individual.
The Intent of the Law
Slide 4Copyright 2018 – Reasonable Accommodation, LLC
The term "qualified individual" means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position such individual holds or desires.
The Qualified Individual
Slide 5Copyright 2018 – Reasonable Accommodation, LLC Slide 5
1. Compile or verify essential function task lists
2. Answer questions about the physical and cognitive
demands of a job
3. Identify risks or exposures in job tasks
4. Identify potential reasonable accommodation
solutions
5. Analyze direct threat situations
6. Monitor disparate impact in employee testing
Expanded Contributions
Slide 6Copyright 2018 – Reasonable Accommodation, LLC Slide 6
Essential Functions
Slide 7Copyright 2018 – Reasonable Accommodation, LLC Slide 7
The “essential functions” of a job are not the physical or cognitive demands of the job…
Essential Functions
Slide 8Copyright 2018 – Reasonable Accommodation, LLC Slide 8
Essential functions are the tasks which must be accomplished to justify a job’s existence.
Essential Functions of Teaching French
➢ Prepare a lesson plan
➢ Teach the lesson plan
➢ Compare English and French verbs
➢ Administer written quizzes each week
➢ Refer students for remedial coaching as needed
Slide 9Copyright 2018 – Reasonable Accommodation, LLC Slide 9
The physical demands of ‘Teach French to high school students’ may include:
➢ Hear
➢ Speak
➢ Read
➢ Reach
➢ Handle
Physical Demands of Essential Functions
Slide 10Copyright 2018 – Reasonable Accommodation, LLC Slide 10
Quantify Risks in Job Tasks
Slide 11Copyright 2018 – Reasonable Accommodation, LLC Slide 11
Quantifying the risk present in job tasks is a basic requirement of the ergonomic analyst job.
Quantify Risks in Job Tasks
Slide 12Copyright 2018 – Reasonable Accommodation, LLC Slide 12
Reasonable accommodation management and direct threat analysis each benefit from the identification and quantification of the risk present in job tasks.
Quantify Risks in Job Tasks
Slide 13Copyright 2018 – Reasonable Accommodation, LLC Slide 13
Reasonable accommodation program managers want guidance on changing how a task is accomplished, not which tasks are accomplished.
Quantify Risks in Job Tasks
Slide 14Copyright 2018 – Reasonable Accommodation, LLC Slide 14
Each request for reasonable accommodation will have a unique set of reasons and resolutions. You can facilitate a healthy RA program because of your knowledge of how tasks are and can be accomplished.
Quantify Risks in Job Tasks
Slide 15Copyright 2018 – Reasonable Accommodation, LLC Slide 15
Your ability to quantify the risk in a task will position the RA program manager to compare the medical limitations of the worker to the risks of the demands of the essential functions of his/her job.
Quantify Risks in Job Tasks
Slide 16Copyright 2018 – Reasonable Accommodation, LLC Slide 16
Direct Threat
Slide 17Copyright 2018 – Reasonable Accommodation, LLC Slide 17
From time-to-time a supervisor or co-worker will voice concern that a worker is a direct threat to himself or others.
Your knowledge of a job and its tasks may inform the conversation about the existence of a threat, the magnitude of the threat and the likelihood that the threat will occur.
Direct Threat to Self or Others
Slide 18Copyright 2018 – Reasonable Accommodation, LLC Slide 18
Disparate Impact
Slide 19Copyright 2018 – Reasonable Accommodation, LLC Slide 19
‘Disparate impact’ in employment testing means that a testresults, for example, in fewer members of a protectedgroup being hired.
Disparate impact is not illegal but is has to be explained.
Disparate Impact
Slide 20Copyright 2018 – Reasonable Accommodation, LLC
Roy O. Matheson, ADACManaging Partner
Reasonable Accommodation, LLC
Matheson Elements
603-358-6633
reasonableaccommodation.com
