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State of the Science Conference
September 15-16, 2005
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A Framework for Providing Teleworking as a Reasonable Accommodation
RERC on Workplace Accommodations
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Slides Index
Slides 1-17
Slides 18-34
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- Guiding Principle 1: Civil Rights Laws are Unique - 1.2: Balance & Compromise
- Guiding Principle 1: Civil Rights Laws are Unique
- Common Theme from Courts
- EEOC's Position
- EEOC's Position
- Guiding Principle 1: Civil Rights Laws are Unique
- Guiding Principle 2: Components for Change
- Guiding Principle 2: Components for Change
- Guiding Principle 2: Components for Change - 1.2: Awareness
- Guiding Principle 2: Components for Change
- Guiding Principle 2: Components for Change - 1.3: Skills
- Guiding Principle 2: Components for Change - 1.3a: Coordinated Approach
-
Establish Standards for Accountability and Procedures for Ongoing Feedback between Employee and Supervisor
- Guiding Principle 2: Components for Change
- Guiding Principle 2: Components for Change
- RESOURCES
- Still Have Questions?
Guiding Principle 1: Civil Rights Laws are Unique - 1.2: Balance & Compromise
Know the law
- Who’s entitled to reasonable accommodation?
- When is request for medical documentation appropriate?
- What are the essential job functions?
Win-Win
- Mutually convenient
- No loss in productivity
Guiding Principle 1: Civil Rights Laws are Unique
1.3 Case-by-Case
Common Theme from Courts
Courts differ regarding whether "work-at-home" is reasonable.
Must be a fact-specific, case-by-case analysis of the essential functions of the employee's job to determine whether the employee's telecommuting request constitutes a reasonable accommodation.
Speaker Notes:
Because of this case-by-case approach, imperative that employers carefully analyze the essential functions of the jobs in question, and not make "knee jerk" decisions when deciding whether to grant or deny a request to telecommute. This approach is not only consistent with the case-by-case inquiry that the ADA requires, but is also consistent with the EEOC's guidelines regarding telecommuting as a potentially reasonable accommodation.
EEOC's Position
Decision-making should be made on an individual, case-by-case basis between the employer and the employee
Two questions:
- is the employee clearly unable to consistently perform the essential functions of his/her job without the option of telecommuting, and
- is the job conducive to a work-at-home environment?
Source: Work At Home/Telework as a Reasonable Accommodation www.eeoc.gov/facts/telework.html
EEOC's Position
1999: EEOC issues Enforcement Guidance: Reasonable Accommodation and
Undue Hardship under the ADA www.eeoc.gov/policy/docs/accommodation.html
2003: EEOC publishes Work At Home/Telework
as a Reasonable Accommodation www.eeoc.gov/facts/telework.html
Guiding Principle 1: Civil Rights Laws are Unique
1.4 Need a Context
Speaker Notes:
“Reasonable” is vague without a specific person in a specific
situation
Need to know essential functions of job: OK for 2 employees but not
the other 2
Understand the specific workplace culture:
- Research vs. call center / service delivery
- Precedent established
- Valuable employee who meets all production standards
Guiding Principle 2: Components for Change
1.1 Values
Speaker Notes:
Our decisions are based on our values
Begin with the end in mind (Stephen Covey): Do we really want to ensure
that Jacob can work? OR are we more concerned re: why he can’t tolerate
the cold?
Are we more concerned re: impromptu interactions? OR are we concerned
that he do his job well AND that he be connected to more of those softer benefits
(staff mtgs, strategic planning sessions, holiday gatherings)
Do we really embrace the belief that ALL people can work in the careers
of their choice?
Guiding Principle 2: Components for Change
1.2 Awareness
Speaker Notes:
Need to be aware of issues in order to identify & address problems
Guiding Principle 2: Components for Change - 1.2: Awareness
Reach common understanding about varying perspectives
Both parties have responsibilities
Guiding Principle 2: Components for Change
1.3 Skills
Speaker Notes:
Need to know how to interact and address the problems appropriately
Guiding Principle 2: Components for Change - 1.3: Skills
- Communication
- Trust
- Fact-specific
- Coordinated Approach (Establish Procedures)
Guiding Principle 2: Components for Change - 1.3a: Coordinated Approach
Keep the Process Flexible, Interactive and Respectful of all Parties
Speaker Notes:
- Providing workplace accommodation that is both reasonable & effective
is ongoing process
- Requires thoughtful interaction between employer, supervisor, HR personnel
and employee
- Keep the end in mind:
- Face to face communication highly recommended
- Employer is final decision maker
Establish Standards for Accountability and Procedures for Ongoing Feedback
between Employee and Supervisor
Speaker Notes:
- Just as requests for reasonable accommodation should be considered on
a case-by-case basis, procedures for assuring accountability and ongoing feedback
should also be individually and specifically established. Lacking the informal
interactions that can take place between supervisory and employee in an office
setting, it is vital that this mechanism be established
- Requires thoughtful interaction between employer, supervisor, HR personnel
and employee
- Face to face communication highly recommended
- Employer is final decision maker
Guiding Principle 2: Components for Change
1.3: Skills
1.3a: Coordinated Approach
Facilitate Inclusion of the Telecommuting Employee in Workplace Activities
Speaker Notes:
- Included in staff meetings via teleconference or in person
- Able to participate in other softer benefits such as staff retreats,
strategic planning sessions, or holiday gatherings
Guiding Principle 2: Components for Change
1.3: Skills
1.3a: Coordinated Approach
Establish a Trial Period
Speaker Notes:
- Reasonable accommodation is an ongoing process
- Process doesn't end when the accommodation is provided
- Check back and follow up
- All too often, reasonable accommodation is provided and maintained regardless
of effectiveness: don’t want to revisit process
RESOURCES
- ADA: Title I Technical Assistance Manual
www.adaportal.org/Employment/Browse_TAM_I/Browse_TOC.html
- Work At Home/Telework as a Reasonable Accommodation
www.eeoc.gov/facts/telework.html
- Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under
the ADA (revised Oct 17, 2002) www.eeoc.gov/policy/docs/accommodation.html
Still Have Questions?
Contact us at:
- By telephone - 800-949-4232 (v/tty)
- By Internet
- www.sedbtac.org
- www.adata.org
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