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« on: January 20, 2007, 09:48:03 am » |
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Lupus and the Americans with Disabilities Act
Is lupus a disability under the ADA?
The ADA does not contain a list of medical conditions that constitute disabilities. Instead, the ADA has a general definition of disability that each person must meet (EEOC, 1992). Therefore, some people with lupus will have a disability under the ADA and some will not.
A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having such an impairment (EEOC, 1992). For more information about how to determine whether a person has a disability under the ADA, visit http://www.jan.wvu.edu/corner/vol02iss04.htm.
Accommodating Employees with Lupus
(Note: People with lupus may develop some of the limitations discussed below, but seldom develop all of them. Also, the degree of limitation will vary among individuals. Be aware that not all people with lupus will need accommodations to perform their jobs and many others may only need a few accommodations. The following is only a sample of the possibilities available. Numerous other accommodation solutions may exist.)
Questions to Consider:
1. What limitations is the employee with lupus experiencing?
2. How do these limitations affect the employee and the employee's job performance?
3. What specific job tasks are problematic as a result of these limitations?
4. What accommodations are available to reduce or eliminate these problems? Are all possible resources being used to determine possible accommodations?
5. Has the employee with lupus been consulted regarding possible accommodations?
6. Once accommodations are in place, would it be useful to meet with the employee with lupus to evaluate the effectiveness of the accommodations and to determine whether additional accommodations are needed?
7. Do supervisory personnel and employees need training regarding lupus?
Accommodation Ideas:
Activities of Daily Living:
Allow use of a personal attendant at work Allow use of a service animal at work Make sure the facility is accessible Move workstation closer to the restroom Allow longer breaks Refer to appropriate community services Provide access to a refrigerator
Cognitive Impairment:
Provide written job instructions when possible Prioritize job assignments Allow flexible work hours Allow periodic rest periods to reorient Provide memory aids, such as schedulers or organizers Minimize distractions Allow a self-paced workload Reduce job stress Provide more structure
Fatigue/Weakness:
Reduce or eliminate physical exertion and workplace stress Schedule periodic rest breaks away from the workstation Allow a flexible work schedule and flexible use of leave time Allow work from home Implement ergonomic workstation design Provide a scooter or other mobility aid if walking cannot be reduced
Fine Motor Impairment:
Implement ergonomic workstation design Provide alternative computer access Provide alternative telephone access Provide arm supports Provide writing and grip aids Provide a page turner and a book holder Provide a note taker
Gross Motor Impairment:
Modify the work-site to make it accessible Provide parking close to the work-site Provide an accessible entrance Install automatic door openers Provide an accessible restroom and break room Provide an accessible route of travel to other work areas used by the employee Modify the workstation to make it accessible Adjust desk height if wheelchair or scooter is used Make sure materials and equipment are within reach range Move workstation close to other work areas, office equipment, and break rooms
Photosensitivity:
Minimize outdoor activities between the peak hours of 10:00 am and 4:00 pm Avoid reflective surfaces such as sand, snow, and concrete Provide clothing to block UV rays Provide "waterproof" sun-protective agents such as sunblocks or sunscreens Install low wattage overhead lights Provide task lighting Replace fluorescent lighting with full spectrum or natural lighting Eliminate blinking and flickering lights Install adjustable window blinds and light filters
Respiratory Difficulties:
Provide adjustable ventilation Keep work environment free from dust, smoke, odor, and fumes Implement a "fragrance-free" workplace policy and a "smoke free" building policy Avoid temperature extremes Use fan/air-conditioner or heater at the workstation Redirect air conditioning and heating vents Provide adequate exhaust systems to remove fumes from office machines Allow individual to wear a respirator mask Allow work from home
Seizure Activity:
Eliminate the need to use sharp objects Eliminate blinking and flickering lights Replace fluorescent lighting with full spectrum or natural lighting Use computer monitor glare guards, adjust monitor intensity and color, and decrease the cursor speed of the mouse Provide protective clothing/equipment Modify job tasks requiring fine finger dexterity Allow flexible work hours Allow periodic rest breaks Allow work from home
Skin Irritations:
Avoid infectious agents and chemicals Avoid invasive procedures Provide protective clothing
Stress Intolerance:
Develop strategies to deal with work problems before they arise Provide sensitivity training to coworkers Allow telephone calls during work hours to doctors and others for support Provide information on counseling and employee assistance programs
Temperature Sensitivity (including Raynaud's Phenomenon):
Modify work-site temperature Modify dress code Use fan/air-conditioner or heater at the workstation Allow flexible scheduling and flexible use of leave time Allow work from home during extremely hot or cold weather Maintain the ventilation system Redirect air conditioning and heating vents Provide an office with separate temperature control
Vision Impairment:
Magnify written material using hand/stand optical magnifiers Provide large print material, screen reading software, and large-size high resolution monitor Control glare by adding a glare screen to the computer Install proper office lighting Allow frequent rest breaks
Situations and Solutions:
A teacher with lupus was restricted from extended periods of typing. She was having difficulty creating lesson plans. She was accommodated with speech recognition software, an alternative keyboard, and a trackball.
A corporate trainer with lupus had difficulty standing and walking when giving presentations. The individual was accommodated with a scooter for getting around the work-site and a stand/lean stool to support her weight when standing.
A claims representative with lupus was sensitive to fluorescent light in his office and to the radiation emitted from his computer monitor. The overhead lights were changed from fluorescent to broad spectrum by using a special filter that fit onto the existing light fixture. The individual was also accommodated with a glare guard and flicker-free monitor.
An engineer with lupus was having difficulty completing all of his work in the office due to fatigue. The individual was accommodated with frequent rest breaks, a flexible schedule, and work from home on a part-time basis.
An executive secretary with lupus had severe back pain due to arthritis. The individual was accommodated with an adjustable height workstation to alternate between sitting and standing, an adjustable keyboard and mouse tray, and an ergonomic chair with lumbar support.
A health care worker with lupus had low vision. She was having difficulty viewing her computer screen and paper copies. The individual was accommodated with a large monitor, screen magnification software, hand/stand magnifier for paper copies, and a closed circuit television system.
A systems analyst with lupus had migraine headaches. The individual was moved from a cubicle office to a separate workspace away from distractions and noise. She was then able to use task lighting instead of overhead fluorescent lighting and adjust the temperature control when necessary.
www.LupusMCTD.com
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