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This year, we commemorated National Disabilities Employment Awareness Month by exploring how employers can work toward providing access to good jobs for persons with disabilities in the legal profession; the tangible benefits of employing persons with disabilities; the feasibility of providing accommodations; and the use of assistive technology. Our speakers provided their thoughts on best practices, shared personal journeys and insights, and reflected on how far employers have come and where we need to focus to increase future employment opportunities for persons with disabilities in the legal profession and beyond. Our guests included Kevin Hara: Counsel, Reed Smith; Ronza Othman: President, National Association of Blind Government Employees – a division of the National Federation of the Blind; Nicholas Carden: Associate General Counsel, Coinbase, and former Board Member of Disability:IN; and Laurie Allen: Microsoft, Senior Accessibility Technology Evangelist. ----more---- Transcript: Intro: Welcome to the Reed Smith Podcast, Inclusivity Included, Powerful Personal Stories. In each episode of this podcast, our guests will share their personal stories, passions, and challenges, past and present, all with a goal of bringing people together and learning more about others. You might be surprised by what we all have in common, Inclusivity Included. Kevin: Hello, everybody. Welcome back to an episode of Inclusivity Included. Thank you, everyone, for joining. My name is Kevin Hara. I'm counsel at Reed Smith in the Life Sciences and Health Industries Group, and I'm proud to commemorate National Disabilities Employment Awareness Month, which is in October of every year. And this year's theme is access to good jobs for all. We have a number of distinguished panelists today joining us, including Ronza Othman, who is president of the National Association of Blind Government Employees, a division of the National Federation of the Blind. Nick Carden, associate general counsel from Coinbase, a former board member of Disability:IN. And Laurie Allen from Microsoft, a senior accessibility technology evangelist. So thank you, Ronza, Nick, and Laurie for joining us. We're thrilled to have you here as part of our podcast. And without further ado, I would like to ask Ronza to talk a little bit about your journey, how you have arrived where you are, and some of the important steps you took that led you to where you are today. Ronza: Great. Thank you so much. I'm really delighted to be here. I am a blind attorney and my training was initially as a high school STEM teacher. And that's what I did to get myself through law school. And ultimately I've had a number of different legal jobs, but in state and local government and private sector, ultimately ended up in the federal government where now I manage civil rights programs for a large federal agency. And so my journey has been one of exploration and learning, not only because, you know, being a lawyer, an attorney is always difficult for any person, but also when you add the complications of inaccessible technology and perceptions about people with disabilities and what they can and cannot do, and the obstacles that those negative attitudes create, there's definitely been some really interesting experiences along the way, but I think that I'm optimistic in terms of where we are now. So my paid job, of course, is with the government. And as a volunteer, I serve as the president of the National Association of Blind Government Employees, where we have a number of blind and low vision employees of state, local, federal, and pseudo-government agencies that are members that are experiencing life as public servants, supporting this country at the local and state and national level. It is an honor to represent them and us in a variety of different circumstances, and I've gotten to do a lot of really cool things as a result. Kevin: That's great. Thank you so much, Ronza. And Nick, if you'd like to share a little bit about your path that led you to where you are today. Nicholas: Thanks, Kevin. And thanks to Reed Smith for having us. This is a great opportunity to speak about an important issue that impacts all of us on this call. I, like Ronza, I am a lawyer with a disability. I started my career right out of law school in-house, which is somewhat unusual, but it sort of led me to where I am today in the sense that early in my career, I was a true corporate generalist, and through various personnel changes and responsibility changes, I was at a consumer products manufacturing company and had the opportunity to pick up some, advertising and marketing and entertainment legal work. And I really enjoyed that type of work. It's a lot of fun. It's fast paced and it's highly creative and interesting work. So I've stayed in that sort of practice area as an in-house lawyer through my career to today where at Coinbase, I lead a global marketing legal team. Kevin: Great. Thank you, Nick. And Laurie, we'd love to hear a little bit about the path you took to where you are today. Laurie: Thanks, Kevin. And thank you again for inviting us to join you to talk about this great topic. So I am not an attorney. I work at Microsoft, as you mentioned. And I've been in tech for about 30 years. I've only been at Microsoft for a little over two. But my journey actually into accessibility started about nine and a half years ago when I had a spinal cord injury. and became quadriplegic. The only thing that didn't dramatically change about my life in that moment was my ability to do my job. And that's because of accessible technology that was available to me. And frankly, my job was quite literally a lifeline for me. So I'm so grateful that people came before me to create this technology. And about three years ago, I had this epiphany. How did this technology get created? And who built it? And why am I not part of the solution. So that's when I started pivoting my career into accessibility. So I feel quite fortunate to be in a role where I can combine my background in technology with my lived experience as a person with disability to help empower others like me, find meaningful employment, and succeed and thrive. Kevin: Thank you so much. All of you have had such unique experiences and out to the successful careers that you are now engaged in today, but it hasn't always been easy for persons with disabilities in the legal profession and other professions to succeed. So I'd like to stay with you, Laurie, and to ask you, what do you believe are some of the barriers or challenges for persons with disabilities to find access to good jobs? Laurie: And I think Ronza had mentioned it earlier, it's access to technology. It's discoverability, I find, that can be a barrier. People just don't know what technologies are available to support them in their work environments. And beyond that, it's finding companies who've built inclusive work environments for employees with disabilities, so that when they go through the interview process, they feel included, they feel supported, and as they're onboarded and as they can continue through their career. And then understanding that there are platforms that are available, like Mentra, for example, is a Microsoft partner. It's an amazing neurodiversity hiring platform. But I think just knowing what's available is sometimes quite difficult. And, you know, when people incur a disability like I did, they're starting from scratch, and they don't know what to ask for because it's a new environment for them. Kevin: Thank you. That's a really good point. Having the access to the proper tools is key for anybody with a disability to succeed in any career path. Ronza, how about your perspective? How would you characterize some of the challenges people are facing and ways to overcome them? Ronza: I think that the biggest challenge that the people with disabilities are really facing in terms of employment and just moving about society and contributing meaningfully in employment settings, but also in every setting, is the negative attitudes that people at large have about disability. Negative stereotypes. The unemployment rate for people with disabilities in the United States is over 50%. The unemployment rate for people who are blind and low vision in the United States is half again that almost at 75%. It's currently at 73%. That's mind boggling. These are people who want to work for the most part, but can't because nobody will hire them or because they don't have the proper training to be able to perform the jobs where there is a need. But all that really comes down to society's low expectations for people with disabilities and the barriers, artificial, usually, that society creates and puts in our way. One of the things that I really like to do as a hiring manager is I love meeting with and interviewing people with disabilities because they're so creative in their problem-solving. Their solutioning is out of the box thinking. And just to get to work in the morning, to get to the job, they have to have solved a whole bunch of problems in an environment, in a situation, in a society, not necessarily built for them. Whether it's the broken elevator, or whether it's the bus that didn't roll up to the bus stop where it was supposed to, or whether it's the technology that didn't work because somebody pushed a security update, so it broke its ability to communicate with assistive technology, or whether it's somebody, a well-meaning, you know, abled person who decided that they know where this person is trying to go and they're going to force them to go there as opposed to where the person is actually trying to go. All of those things, people with disabilities problem solve before they, you know, really start their day or as they're starting their day. And so I think we don't give enough credit to the workforce of folks with disabilities in terms of what they can do, what they have done, frankly, and then society just has negative expectations. The biggest aspect of disability isn't the disability itself. It's people without disabilities or people who don't understand disabilities who get in our way. Nicholas: I'd love to add to that because I agree with a lot of that. And I think thinking about access to jobs, the question that comes to mind to me is, do employers want to hire persons with disabilities. And I think there's no clear answer to that. And obviously, companies themselves are just made up of other human beings. And so there's, to Ronza's point, the stigma attached to hiring persons with disabilities is ever present. But I'll share specifically in the legal industry, I think this industry does a particularly poor job of being intentional about hiring a truly diverse workforce. And this is, I'm calling out the legal industry as somebody who's in it, but I don't think it's unique to the legal industry in the sense that I still don't think when law firms are hiring for diverse candidates that they make a particular effort to recruit persons with disabilities. I think it can be as simple as asking for a voluntary disclosure on an application. And I still don't think as an industry we're doing those types of things. So there seem to be opportunities if the answer to the question of do you want to hire persons with disabilities is yes. Ronza: I'll just add to that, if I may. When you look at the United States census data on people with disabilities, somewhere between 20% and 25% of the population of this country has a disability. When you look at the census in the legal profession, when you look at the numbers in the legal profession, and the American Bar Association has done extensive research trying to sort this out, figure it out, as some other entities, it's less than 1%. Less than 1% of attorneys in the United States are willing to disclose that they have a disability. And those who are, it's usually an obvious or very visible disability, as opposed to some of these hidden disabilities that there's still so much stigma in the legal profession around. In the regular generic work industry generally, not specifically the legal profession, but everywhere, there's this misconception that it's going to be really expensive to hire somebody with a disability because you have to accommodate them or you have to adjust schedules or policies and so forth and so on. The Job Accommodation Network, which is a free resource to employers and employees about what's available in terms of reasonable accommodations for those with disabilities, did a study and they determined that the average cost of a reasonable accommodation is less than $100. So talking about negative attitudes and negative perceptions, one of them for employers, It's that it's going to cost me a lot of money or somehow the work I'm going to receive from this person is going to be less in terms of quality or quantity than other non-disabled employees and so forth and so on. And all of that is just not accurate. It's not supported by research and it's certainly not supported by those of us in the community with lived experience in the workforce. Kevin: That's an excellent point, Ronza, and Nick as well. You both have captured the problem that we're facing in providing good jobs to persons with disabilities. I think dispelling the myths and misconceptions is one of the important steps. And I also think technology can play an important role. We alluded to this a little bit more, but Laurie, if you would like to speak a little bit more about how technology can really help people with disabilities succeed. Laurie: Thanks, Kevin. So the way we approach it at Microsoft is we build with the community, not for the community. We mentioned it in the last question. We bring people with lived experience into our company. We want that diverse lived experience in our product making. I have a spinal cord injury. I know what it's like to have a mobility disability. I don't know what it's like to be blind and rely on a screen reader. And I can't assume what someone who uses a screen reader needs. So we take an approach of building in early. We build in accessibility into the design phase of our product development life cycle. We bring testers in who have different types of disabilities to test our products before we release them. And what we find, and Ron's mentioned it earlier, is that we get really creative solutions because, as she mentioned, we have to be creative to get out the door every morning. And when we do this, we find that everyone benefits. When we call it Built for One, Extend to Many. When we build with the disability community, everyone benefits. And I'll give you an example. For example, live captions were built for people who are deaf or hard of hearing, but 50% of Americans watch videos with live captions on, and if you narrow that down to Gen Z, it goes up to about 80%. So when we build for people with disabilities, everyone benefits. Kevin: I think that's a really astute observation. It's not just about helping one particular segment, but including people with disabilities when you're building the technology is really important. And, you know, I couldn't thank you more for that approach, Laurie, because, you know, I also have a mobility disability, a spinal cord injury. So I understand from my perspective. But as you said, I wouldn't be able to talk about or understand what the needs of a person with a visual or other disability might be. So that's really good. And Ronza or Nick, would you like to weigh in on technology, how it has helped you, or how do you think it can help others? Ronza: So technology really is, it leveled the playing field for many populations within the disability community. And so, for example, for the blind community, so much of the information that we receive is visual. So much as paper had historically been paper-based but you know street signs billboards all of the things that happen visually and on the computer though now we can have access to that same information or I can go to an ATM machine and I can plug in my headphones and I can pull out my money I can go to a voting booth in most states and I can privately and independently but vote my ballot. You know there's still places where of course there's work to do but in general the proliferation of technology solutions over the last 20 or 30 years has really made a huge impact on our ability to access information engage in the world and especially with our jobs, so whether it's a screen reader or whether it's a software that's used that is speech to text for those with manual dexterity challenges or whether it's a foot pedal instead of a mouse or whatever the case may be. There's just been such advances in technology that have made it more possible for an individual with a disability to work in so many different fields. Think about all the technology that exists now. Surgeons are doing surgery with robots some of the time. Technology is super cool. It's super advanced and it's only going to get more and more advanced. And so hopefully that means that participation of the disability community at work and in other places is also going to increase. Now, the drawback is, the more innovated the technology, the more risk of potential opportunities to make it inaccessible. And so we have to be really careful when we embrace technology because that's really important, but that it also is accessible. It is compatible with that assistive technology that I mentioned, but also that we're not so focused on creativity and innovation that we're cutting people out that we've recently gave access to these platforms and applications. And we're seeing that. We are seeing technology become less inclusive in lots of different spaces. And then, you know, so build it accessibly, you know, talking to our friends at Microsoft and everywhere else who are thinking about this every day. But also, whether we're building technology or whether we're building buildings or physical spaces or virtual spaces, you know, thinking about what does it mean for us to be inclusive? Who are we building for? And not related to technology, but when we started putting in curb cuts when the ADA was passed, that was primarily done for people who were using wheelchairs and other kinds of mobility devices. And now the population that is the most vocal, the biggest fans, are parents and caregivers of small children that are pushing strollers. And so, you know, again, that sort of universal effort, the Ray-Ban Metaglasses is another example. It wasn't built for people with disabilities, but people with disabilities are using it because it had inclusive universal design built into it. We're using it to read menus and help with navigation indoor and outdoor and wayfinding and all sorts of amazing things happening with technology and beyond. So the key is it's fabulous, but we also have to make sure that it stays fabulous by being inclusive and accessible. Laurie: You make such a good point there, Ronza, and I think with this wave of generative AI and everyone racing to get products to market, it's more important than ever to be rigorous and disciplined in continuing to build accessibility in from the beginning and test it thoroughly all the way through before it's released. Ronza: 100%. Kevin: Ronza and Laurie, those are excellent points that you made. And I really think technology will go a long way to helping people with disabilities of all types become part of the workforce, become part of the legal profession. And I think we have all lived through recently the pandemic that, you know, was affected everyone, not just persons with disabilities. But I think one of the things that came out of that was the importance of remote work and how that can really change the landscape. And Nick, I believe Coinbase is, you said, almost all remote. So can you comment on how that has impacted you and how you think that affects people with disabilities in terms of having access to jobs? Nicholas: Yeah, Coinbase is a remote first company. So everyone in the company has the option to be remote first. We do have some office locations in some major cities if some people feel like they want to go into an office, but there's no requirement to do that. And in my view, I don't know that remote work benefits just persons with disabilities. I think we can all agree that it benefits a lot more groups than just persons with disabilities. To me, the bottom line of the benefit of remote work is it levels the playing field for everyone. So if we're all remote, we don't. There's no small group or other group or specific individual or groups of individuals that have to worry about what's happening in an office. Are some people getting ahead by having lunches or just getting that face time that they otherwise aren't able to do to be into the office? Whether that's because they live somewhere else where the office isn't, or they're a person with a disability and it's not easy to get into the office, or for any other reason of why it doesn't make sense. I think specifically for parents with children who are working. Remote work is a great benefit. So I love what remote work does for everyone. And it's been a real benefit. I think Coinbase deserves a lot of credit. For being one of the first companies in I think it was may of 2020 to decide that is how we're going to operate our company we think we can do it effectively and so far now you know four plus years later they're doing really well and um i don't have any knowledge that that Coinbase is changing their practices but it works very well for Coinbase and I'm sort of discouraged to see some of these companies deciding to go to a hybrid or fully return to office status. But obviously, that's their decision. And the people that are making that are thinking that it's in their best interest. I just don't know how much input they're getting from a voice of someone with a person with a disability. Laurie: One other point is it expands the talent pool that employers can recruit from. They're not limited to just their area or just the people who can come into the office, but it really broadens that talent pool and once again, enables them to bring a more diverse workforce into their organization. Ronza: So I'll say that, you know, in the government workforce, we have seen this switch, right? So prior to the pandemic, there were some people that were working remotely, but not very many because the perception was, no, no, no, we can't do this work remote in a remote way. We need to serve the people, the public, etc. And then the pandemic happened and bam, we have to work remotely in order to serve the people. And then everything was moving along. And I think that was really the renaissance for the disability community and government. And then government started shifting back to more in-person presence and more and more in-person presence. And the thought was, well, if you need to work from home, you can request a reasonable accommodation. And while that's true, it can be very isolating. If we're not building work, community. In a way that's hybrid or in a way that is inclusive of those that are working from home for whatever reason, then we are excluding those people. And so giving them the ability to work from home as a reasonable accommodation, if that's the solution, it can't be the only solution because what it does is it creates a different expectation and standard and isolation. And all these people with a disability are over here and everyone else is over here. And so I think employers need to really be thinking mindfully about what a hybrid work environment looks like and how to ensure inclusion for those who, for whatever reason, are working from home all or much of the time. And we can do it. We have done it. We've been very creative in the last five years. But I think we're just not thinking about it. We're letting the economic and other considerations and, you know, the ease. My favorite phrase that people give me was, well, we need people in the building because of line of sight supervision. And I always say, well, I'm a manager and I'm blind. So line of sight supervision doesn't do anything for me. Are you saying I'm not as good of a manager as you? And then, you know, they don't mean it that way, but that's how it comes off. And that's really how they're thinking. They're thinking they have to be in my space for me to effectively manage them, which we have proven doesn't have to be the case. In fact, we can be very effective as if not more productive with people in their own comfortable environment. Kevin: Ronza, you expressed that better than I could ever have done. I think that's a really important aspect of remote work. It could not put anyone at a disadvantage or be isolating. With the last couple minutes we have left, I'd just like to hear from everyone about where we have come from and what you'd like to see in the future, some progress we've made, and where you think we still need to improve. So Nick, if you'd like to talk a little bit about that. Nicholas: Yeah, I'll say I can recall an instance about 12, 13 years ago, maybe, where I was interested in a summer internship with a law firm. And I noticed they had a diversity recruitment event, something like that. And they were looking for women and ethnically diverse or persons of color to attend. And I recall thinking to myself, well, I am a white male, but if they're looking for diverse candidates, I would assume that they would be interested in a person with a disability. So I emailed the firm's event organizer and I sort of posed the question of, can I attend? And of course the answer was yes, but it really goes to show where we were 12 to 14 years ago. And we may still be there in terms of what diversity is and or how law firms specifically view diversity. It may just be that they focus on these two categories. And that is a fine thing. It's just not an inclusive thing. I sort of commend the efforts. And I think we've gone farther than that over the past 12 to 14 years. But if we want to create an inclusive industry, doing so in an exclusive manner is not going to get us there. And I would encourage firms in their recruitment efforts to think about all of the minority groups or underrepresented groups in this industry and make intentional efforts to be inclusive for all of them. Kevin: Thank you, Nick. Ronza, would you like to add? Ronza: Sure, I 100% agree. I think that it's not just in the legal profession, it's in a lot of professions that the focus on diversity has been on race and gender and, you know, the SOGI areas. And there hasn't been as much advancement with disability, but this is certainly an opportunity. The American Bar Association currently has a campaign called the Be Counted Campaign for lawyers specifically and those in the legal profession who do have disabilities who can, you know, confidentially essentially be counted as a member of the disability community so that we can get a better number of who in fact is in this profession because we know it's not half a percent. You know, we know it's more than that. And we need to eliminate the stigma in this and every profession for those that are comfortable, psychologically safe, identifying as people with disabilities, even if it's anonymized, to be able to do so. I am optimistic in terms of where we're headed. I think the effort that we've put forward as a disability community and nothing about us without us has really tremendously borne some fruit. And I think though there's work to do, I think we've come a long way. I think that the ADA regulations on Title II that were the Department of Justice released are going to be a game changer. I think that when the Title III regulations are released, whenever that is, it's going to be another huge game changer. I think that Section 508 of the Rehabilitation Act is very, very much in need of a refresh and some updates. And when that happens, and I know there's some effort in Congress already, that's going to help. And I think some of the fundamental civil rights laws and protections in states and in the federal sector are going to continue this progress. But those are just the underpinning. It's the attitudes of people. It's listening to a podcast like this and learning about people you didn't think about before or aspects you didn't think about before, and then becoming a good ally to those communities. If you are in the community and feel comfortable speaking up with your lived experience, that's going to be a game changer too. 25% of this country. That's who we are. And so everybody knows somebody. Everybody has a family member who is a person with a disability who've experienced some of these challenges. Listen to their stories. Ask about their stories. Educate yourself and become a good ally so that the next generation has an easier time. That's what I'm excited about because I see it happening much more often. And I think it will continue to happen in this generation and the ones to come. Kevin: Thank you so much. Laurie, how about you? what do you see in the future? Laurie: Well, I think these are all such great points. And I'm going to go back to Nick's example. You know, I think historically DE&I has included, you know, a lot of minority groups except the disability community. And more and more, as I'm speaking with, you know, our enterprise customers, they're starting to add accessibility into that equation and really target disability hiring and bringing disabled talent into their pipelines. A lot of organizations are creating neurodiversity centers of excellence and neurodiversity hiring programs to specifically target that part of the population. So like Ronza said, I'm encouraged and I'm seeing this become a much higher priority for our enterprise customers. And again, to echo what she just said, I think the more we talk about it, the more we have podcasts and people listen to podcasts, the more comfortable and confident we get. I think we don't talk about accessibility because we're uncomfortable talking about disability, because people are afraid they're going to say the wrong thing. And at some point, we are all going to say the wrong thing, and that's okay. It's a learning opportunity for all of us. So again, thank you for the opportunity for us to come together today and talk about this really, really important topic. Kevin: Well, I just want to say very heartfelt thanks to all of you, Laurie, Ronza, and Nick for all of your insights today, for your time, and for the lessons you've shared with us. I think people will really get a lot out of this. And for our listeners, thank you for joining us for Inclusivity Included, and please stay tuned for future episodes. Thanks, everyone. Outro: Inclusivity Included is a Reed Smith production. Our producers are Ali McCardell and Shannon Ryan. You can find our podcasts on Spotify, Apple Podcasts, Google Podcasts, reedsmith.com, and our social media accounts. Disclaimer: This podcast is provided for educational purposes. It does not constitute legal advice and is not intended to establish an attorney-client relationship, nor is it intended to suggest or establish standards of care applicable to particular lawyers in any given situation. Prior results do not guarantee a similar outcome. Any views, opinions, or comments made by any external guest speaker are not to be attributed to Reed Smith LLP or its individual lawyers. All rights reserved. Transcript is auto-generated.
Ann Deschamps, Director of the Mid-Atlantic ADA Center returned to discuss their upcoming 2024 ADAcon: Inclusive Hospitality and Tourism October 16 – October 17 at the Hotel duPont in Wilmington for the industry with speakers, vendors and panels on best practices. The event will kick off with a day-long excursion to Winterthur, a pioneer in accommodation and inclusion, on October 15. We spoke about the hospitality industry; people with disabilities and their families generate up to 21 Billion in revenue, yet many hotels, restaurants, museums, nature centers and transportation providers don't know how to accommodate these consumers. The ADA Center's Hospitality Conference will speak to restaurants, hotels and resorts, attractions, parks, transportation providers, travel and convention planners as well as those looking to get into the business. She gave us an overview of the ADA and their work in educating and training individuals, businesses and communities about the Americans with Disabilities Act, from who is protected to what employers, governments and businesses must do to accommodate this growing population. We discussed who is covered by the ACT, a wide range that includes anyone with a physical or mental impairment that substantially limits one or more major life activity, the businesses that are either responsible to accommodate through the ADA or local law, and how the ADA Center can help with information and direction. The Mid-Atlantic ADA Center is one of ten across the country offering these services. We discussed recent efforts to ban sub-minimum wage job waivers, the reasons behind their desire to close these facilities. Finally, we talked about hiring and retention of employees, and about accommodations, how simple and how life-changing they can be. She encourages anyone, from businesses to individuals to community and civic groups to reach out for information and programming to help implement the ADA for an inclusive society. For more information about training, the conference, and facts about the ADA visit ADAInfo.org or call 1-800-949-4232. Ms Deschamps also recommends the Job Accommodation Network for questions about types of accommodations available to employees, some simple. Find them at AskJAN.org. Follow the ADA on social media at Facebookfacebook.com/adanetwork LinkedInlinkedin.com/company/ada-national-network/ X (formerly Twitter)x.com/ADANational
"I'll be the judge of that!" Job Accommodation Network - https://askjan.org/ In this episode of the Job Judge, Karen discusses a $22 million verdict against Wells Fargo for disability discrimination and retaliation under the Americans with Disabilities Act (ADA). She shares the story of an employee who had a disability and required reasonable accommodations. Despite getting good advice from the Wells Fargo ADA Consultant on accommodations that should be provided, the managers refused to accommodate the employee and then terminated him shortly before he was to return onsite under the guise of a restructuring. The case went to trial, and the jury awarded him $22 million in damages for disability discrimination, failure to accommodate and retaliation, as well as state law violations. Karen emphasizes the importance of the ADA and the need for employers to engage in an interactive dialogue with employees to provide reasonable accommodations. The EEOC (https://EEOC.gov) and the Job Accommodation Network (https://Askjan.org) offer resources for both employers and employees regarding reasonable accommodations under the ADA. Karen also discusses in her “ask the Job Judge” whether an employee who was planning to fly home the same day he had to work, and was a “no show” because his flights were delayed, unfairly received a written counseling. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it's a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.
Ann Deschamps, Director of the Mid-Atlantic ADA Center discussed their work in educating and training individuals, businesses and communities about the Americans with Disabilities Act, from who is protected to what employers, governments and businesses must do to accommodate this growing population. We discussed who is covered by the ACT, a wide range that includes anyone with a physical or mental impairment that substantially limits one or more major life activity, the businesses that are either responsible to accommodate through the ADA or local law, and how the ADA Center can help with information and direction. The Mid-Atlantic ADA Center is one of ten across the country offering these services. Today we discussed the recent rulings from the federal government addressing state and local government access to technology. This long awaited ruling provides guidelines and requirements for apps and programs that allow access to pubic websites. Ms Deschamps refers anyone who wants to know more about the requirements and accommodation apps to visit the Department of Justice ADA site at ADA.gov. We spoke about the hospitality industry; people with disabilities and their families generate up to 21 Billion in revenue , yet many hotels, restaurants, museums, nature centers and transportation providers don't know how to accommodate these consumers. The Mid-Atlantic ADA Center will host a Hospitality Conference October 15-17, 2024 at the Hotel duPont in Wilmington for the industry with speakers, vendors and panels on best practices. The event will kick off with a day-long excursion to Winterthur, a pioneer in accommodation and inclusion. We wrapped with a discussion on on-going concerns, the aging population, the need for healthcare providers to step up accessibility to care, and housing, a constant concern for all persons with disabilities, heightened by aging home-owners who want to stay in their homes. Finally, she encourages anyone, from businesses to individuals to community and civic groups to reach out for information and programming to help implement the ADA for an inclusive society. For more information about training, the conference, and facts about the ADA visit ADAInfo.org or call 1-800-949-4232. Ms Deschamps also recommends the Job Accommodation Network for questions about types of accommodations available to employees, some simple. Find them at AskJAN.org. Follow the ADA on social media at Facebookfacebook.com/adanetwork LinkedInlinkedin.com/company/ada-national-network/ X (formerly Twitter)x.com/ADANational
Episode 7: Tips for Traveling with Long Covid During an Active Panini HI I USE SOME ADULT LANGUAGE IN THIS EPISODE OK There is no additional guest for this episode because I was traveling for work! I needed to pull something together pretty quickly upon my return, so I asked my Instagram friends what I should talk about and the feedback was overwhelmingly about travel tips. I've done a lot of road trips and a few flights now and (knock on wood) have escaped all past trips Covid-free, so I talk about my experiences and give some tips. The reference to a bucket for the long haul will, um, make sense by the end. This was recorded over the course of a couple of days and I'm still reeling from travel (I forgot to say - schedule rest after any travel. Give yourself a good week. I didn't.) so I repeat myself and there's a lot of good old fashioned word finding going on. Enjoy. This episode covers: How gross people are Traveling with kids Advantages of road tripping A mini rant about cruises Tips on traveling intentionally - considering climates, allergens, humidity, screen time, mcas, time required for travel, spoons Communicating your needs POTS and travel - vestibular chaos Potties Mobility aids at the airport and internalized ableism You can't eat at everybody's house Work travel The Job Accommodation Network website and asking for reasonable accommodations at work Tempo the dog is featured heavily in this episode because I don't have the spoons for profesh editing ok thanks Resources mentioned in this episode: The Job Accommodations Network website: https://askjan.org The Roadside America website: https://www.roadsideamerica.com Covid Safe Colorado https://sites.google.com/view/covidsafecolorado/ It's also important for me to make sure you know that the fact that I mention like 500 brands in this episode does not mean that any of them sponsor me so they are not ads, but I'm going to put links to them because honestly if they want to, I'm game: https://www.estherslv.com/ https://us.loopearplugs.com/ https://drinklmnt.com/ https://www.liquid-iv.com/ https://www.neosporin.com/ https://www.qtips.com/ https://www.lumifyeyes.com/ https://www.rei.com/ https://koa.com/ https://www.airbnb.com/ Also: I AM NOT A DOCTOR OR MEDICAL PROFESSIONAL AND NONE OF THIS IS MEDICAL ADVICE TAKE WHAT I SAY WITH A GRAIN OF SALT I AM JUST A LADY WITH A CHRONIC ILLNESS AND A BIG MOUTH I'd like to acknowledge that this was recorded on Ute, Arapahoe, Cheyenne, and Apache land.
ASCO: You're listening to a podcast from Cancer.Net (Cancer dot Net). This cancer information website is produced by the American Society of Clinical Oncology, known as ASCO, the voice of the world's oncology professionals. The purpose of this podcast is to educate and to inform. This is not a substitute for professional medical care and is not intended for use in the diagnosis or treatment of individual conditions. Guests on this podcast express their own opinions, experience, and conclusions. Guests' statements on this podcast do not express the opinions of ASCO. The mention of any product, service, organization, activity, or therapy should not be construed as an ASCO endorsement. Cancer research discussed in this podcast is ongoing, so data described here may change as research progresses. In this podcast, Dr. Fay Hlubocky and Shelly Rosenfeld discuss what people should know about returning to work after cancer treatment. This podcast is intended for informational purposes only and does not constitute legal or medical advice. Dr. Hlubocky is a licensed clinical health psychologist with an expertise in psychosocial oncology and a health care ethicist at the University of Chicago. She's also the Cancer.Net Associate Editor for Psychosocial Oncology. Ms. Rosenfeld is the director of the Disability Rights Legal Center's Cancer Legal Resource Center, which provides free information and resources about cancer-related issues. View disclosures for Dr. Hlubocky and Ms. Rosenfeld at Cancer.Net. Claire Smith: Hi, everyone. I'm Claire Smith, a member of the Cancer.Net team, and I'll be your host for today's Cancer.Net podcast. Cancer.Net is the patient education website of ASCO, the American Society of Clinical Oncology. Today, we'll be talking about what people with cancer should know about returning to work after treatment, including information about the legal protections available to people with cancer in the United States. Our guests today are Dr. Fay Hlubocky and Ms. Shelly Rosenfeld. Dr. Hlubocky is a licensed clinical health psychologist with an expertise in psychosocial oncology and a health care ethicist at the University of Chicago. She's also the Cancer.Net Associate Editor for Psychosocial Oncology. Thanks for joining us today, Dr. Hlubocky. Dr. Fay Hlubocky: Thank you, Claire. It's such an honor and a privilege to be with you and Shelly today. Claire Smith: Wonderful. Our next guest, Ms. Rosenfeld, is the director of Disability Rights Legal Center's Cancer Legal Resource Center, which provides free information and resources about cancer-related legal issues to members of the cancer community across the U.S. Thanks so much for being here, Ms. Rosenfeld. Shelly Rosenfeld: Thank you. I'm honored and grateful to be here today. Claire Smith: Before we begin, I should mention that Dr. Hlubocky and Ms. Rosenfeld do not have any relationships to disclose related to this podcast, and you can find their full disclosures on Cancer.Net. So, to start, Dr. Hlubocky, can you talk a little bit about some of the ways that people might think about work differently after an experience like cancer? Dr. Fay Hlubocky: Thank you, Claire. That's such an important question to start today's talk with. For many, the thoughts and decision-making surrounding returning to work can be very complex. Perspectives on if, how, and when to return to work will differ from person to person. Although one may feel quite motivated and even inspired to return to work after the cancer experience, the idea to return to work immediately after this post-cancer journey phase may simply seem overwhelming and bring about anxious and worrying thoughts. Thoughts and questions such as, "Am I ready to return to work after all I've been through?" or "Can I do the job like I did before?" are common and expected. For some who may experience financial burdens, these individuals feel compelled to return to work with thoughts of, "I have to get back to work," and feel like that's the only option is to return to work immediately even if not ready. Yet others may ask themselves, "Should I work full- or part-time? How can I return to work?" Or, "Can I return to that same busy schedule as I had engaged in before?" Finally, some may wonder if that same job is right for them after all one has been through. Again, these are very normal, common, and expected thoughts and questions regarding return to work that the individuals certainly may hold after the cancer experience. Claire Smith: Wonderful. Thank you for that overview. And next, you touched on some concerns, but I'd love to hear about what concerns someone might have about returning to work after cancer. Let's go to you, Ms. Rosenfeld. Shelly Rosenfeld: Well, one concern for someone returning to work, it could be either, of course, returning to their job, but it can also be returning to work and starting a new job. And that might be when one might need to perhaps take additional days off, and whether it's for treatment or follow-up care or perhaps just monitoring as well. But to use up those sick days and then to need additional sick days, there is protections out there such as Family and Medical Leave Act, or FMLA. But a concern for someone starting a new job is, in order to be covered by FMLA or the Family and Medical Leave Act, someone has to have worked for the employer for a total of 12 months and have worked at least 1,250 hours in the last 12 months, which comes out to a little more than part-time. But that is certainly a concern because taking time off whether to care-- actually, it could also be a caregiver taking care of someone with cancer, that they need to have worked for that employer for at least 12 months. Later, I think we might be talking about one way to work with the employer in terms of - just to kind of hint with the Americans with Disabilities Act - kind of a creative way to ask for additional time off and to see if that can work out with the employer. So I want to wait until we talk about that a little more in depth, but I just want to say there is hope and there is something that perhaps can be worked out with your employer if there is that concern. But I just want to say that while FMLA, and just to kind of briefly touch upon it, it allows certain employees to take up to 12 work weeks per year to take care of oneself or certain family members with a serious health condition. For example, that could include a spouse, parent, or child. So it is unpaid, but one's job has to stay open for that person until the end of that 12-week period, and the employer has to keep providing health benefits. So it's something to keep in mind if somebody is returning to work and is at their job now for some time and needs to take those days off. Beyond those sick days, there are protections out there. But if they're just returning to work and they haven't been at a job for that long, then they should consider, "OK. Maybe the state has additional protections that the federal law does not have," or to think about-- and we'll talk about reasonable accommodations in Americans with Disabilities Act in a bit, I think, as a solution. So with every challenge, I think there is some kind of option, but that is certainly a concern. Claire Smith: Yeah. Absolutely. I think it's so important to sort of think about these concerns as people are going to worry about them, but there are ways to sort of address and hopefully cope with them. Dr. Hlubocky, do you have anything else to add? Dr. Fay Hlubocky: I agree, many survivors we know with cancer do desire to return to work. Just recognizing the fact that holding a job provides a routine, a schedule, freedom, income, meaning, it makes us feel fulfilled, it gives us a sense of purpose, and work specifically for survivors can bring a sense of normality, especially after that cancer experience. Yet for others, we know that the thought of returning to work can be very concerning. Folks might be worried over their energy and their endurance and ability to really perform at their job due to continuing or existing cancer-related or treatment-related symptoms, such as fatigue or insomnia or pain. Others may worry about colleagues' attitudes and relationships, concerns and fears over if colleagues will judge them for their appearance or their performance may arise. As well, many survivors question, “How will I be treated?” or “Will they work with me as they did before?” These are also frequent and commonly held concerns by many patients and survivors. For all survivors, it's important to recognize that this is a new normal, a new phase in this journey post-cancer and cancer treatment that can really bring a new perspective with greater meaning and purpose. This new perspective - really, this growth - can be a motivator and inspire not only you in the work environment but your colleagues as well. Claire Smith: So talking about maybe some of the things that we can share with our listeners to help assuage some of these concerns that they may have. I want to start, if someone is applying for a new job after cancer treatment, maybe they've been out of the workforce for a little while while going through cancer and its treatment, are there any legal protections available to them during that process, Ms. Rosenfeld? Shelly Rosenfeld: There are. So I briefly mentioned the Americans with Disabilities Act, or ADA, which is a federal law that makes it illegal for employers with 15 or more employees to discriminate against, and it includes qualified job applicants or qualified employees with disabilities in any stage of the employment process. So that includes the interview process. A lot of people don't know that before someone even starts working, that they do have those protections. So that is really important for someone to keep in mind as they go through the interview process. So an employer is not allowed to ask about a job applicant's medical history, whether they've taken any leave in the past, or whether they expect to take leave. The only 2 questions related to disability or cancer that employees are allowed to ask are, "Are you able to perform the essential job functions?" and "How will you perform the essential job functions?" So, in order for someone to receive protection under the ADA, they have to be able to do the essential job functions. For example, without anyone knowing me, I don't have experience playing football. So, I do not have the ability currently to do the essential functions of being an NFL football player, not at this time and not in the past, so far. So, for example, the ADA, no matter what, wouldn't protect me because I can't do those job tasks. But if someone can do the essential functions of a job, right, they're applying for it, hopefully they're able to do those essential functions, if they have cancer or are affected by the effects of cancer treatment, they could be protected. So it is really important to keep in mind during that job application process, the employer can't ask if you're disabled. I know that sometimes they'll have things on the end of an application, but those are optional, right? So someone does not have to answer that, but they can ask, of course, if you can do the essential functions of the job. And so, yeah, I think that's just something to really keep in mind as someone's going out through that process. Claire Smith: You talked a little bit about the ADA and how we can use those protections. And a lot of people with cancer, they may have mental changes like brain fog or even physical changes, fatigue, or other side effects, long-term side effects of their cancer and treatment, where they might need some accommodations to be able to accomplish those essential job functions that they can do. Can you talk a little bit about what that process looks like to ask for those accommodations? Shelly Rosenfeld: Just to recap, cancer, the effects of cancer can be a disability under the Americans with Disabilities Act. I know for some people affected by cancer, thinking of the word “disabled” as it relates to cancer might be just a new way to think about it. So I'm only talking legally. So somebody might have been in the best health of their life and been in the best shape and then they're affected by cancer, and then the law may consider them as disabled. So we're talking about disability in terms of the legal definition for the Americans with Disabilities Act. So let's talk about reasonable accommodations. So as you mentioned, of course, the effects of cancer can be a disability because they might substantially impair major life activities such as eating, sleeping, concentrating. And so reasonable accommodations can range anywhere from making changes to a physical environment, such as moving file drawers to a more accessible location, or changes to the way that someone works. For example, teleconferences into meetings rather than in person. Whether an employer has to give someone the type of accommodation they're trying to get depends on whether giving it would be an undue hardship to the employer. Being an undue hardship usually means practically that it will cost the employer too much to give someone the accommodations, so what costs too much really depends on the specific job and the specific employer at issue. So, for example, what might be easy to do for one employer may actually be really difficult for another, but we usually ask for folks to ask for accommodations before their work performance starts to suffer. So if your performance suffers at work, an employer may take negative action against you if they don't know you have a disability or a need for accommodation. So if an employer sees someone sleeping at their desk, they can be fired. So if the employee decides to ask for a reasonable accommodation under the ADA and tells the employer that they have fatigue from cancer treatment and need more frequent breaks due to fatigue before the employer has a chance to see them sleeping on the job, the employee has more protection at work. It is a personal decision, and I just want to touch upon this because this question sometimes comes up where people say, "Should I talk to my employer or not?" I know, the CLRC, we don't take a position, yes or no. It is completely that person's decision, and I would respect someone either way. So that might on the one side be a little nerve-racking, but it could also on the flip side be reassuring. But there's no wrong choice. It's best to do what is best for that person. I do recommend, however, if you do want to have that discussion with your employer, if you can find someone trusted, whether it's a parent or a friend or just even a doctor or patient navigator, and try to have that conversation, because it can be difficult talking to an employer about that. Even if you feel like you really have a good relationship with that employer, it is still a different type of discussion. And I just want to also mention that it is an interactive process. So suppose someone asks for accommodation, a reasonable accommodation under the ADA, and the employer says, "This is not something that we can do. It's going to cost too much. It's not practical." Then hopefully they come back with something and say, "How about this option?" And then the employee could say, "It still doesn't really help what is the ultimate challenge here. How about this?" And hopefully it's both sides working together in the interactive process. Now, of course, if someone asks for a reasonable accommodation, it may very well be granted in its original request. But just to keep in mind that if an employer pushes back, it is designed to be reasonable for both sides. And just to give an example, because I think it could be hard when someone says, "It depends on the employer. It depends on the employee." Right? So many people have such different jobs and employers are also so different, but here's an example. Suppose, for example, someone is a cashier, and they have to interact with people. They have to ring them up and take money and work at the cash register, but they're going through cancer treatment. And they're still able to work, but they do need a reasonable accommodation. So, for example, they might ask for a stool to sit between helping people. So if there's not someone else next in line, they can at least sit down. Giving them a separate office with a gold chair might not be reasonable, because they actually have to be there to help folks, but a stool doesn't take too much space, gives someone the opportunity to sit down, could very well be reasonable. So that's just kind of a way to think about it as an example. And I think the doctor or also patient navigator team can be partners in this. You can ask, "When someone has this treatment, what side effects can I expect? I do this as my job. Have you had patients like this in the past? What are some things that might have helped them?" And you just start that conversation going and also think about your job and how you go about your job and what might help, or how you're feeling and what could really make a big difference. It might be that snacks are not allowed at the desk, but having a snack and being able to eat it can really combat nausea. It can also be more than one accommodation. There might be more than one side effect that needs to be addressed. So it is something to keep in mind. Be aware of yourself and what helps you ultimately succeed so you can keep having that income, keep having that job, and hopefully keep having that health insurance. Of course, there's the FMLA protections if someone needs to take that time off, but that is something to keep in mind. And because I promised this, I just want to raise it now, is that if someone is not eligible for FMLA based on they haven't worked at their job long enough to qualify and there's no additional state protections that apply, they may be able to ask for some additional time off under the Americans with Disabilities Act beyond their sick days. Saying, "I don't know when I'll get back," and kind of an indefinite time of leave, that might be harder to get approval for as a reasonable accommodation. But saying, "I need X number of days, and then I'll check in with you about that." Or, "I need X number of days," might be something that the employer might be more willing to work with that person. So like I said, there is something to be worked out potentially. Claire Smith: Oh, wonderful. Thank you for outlining all of that. I think that's really helpful to sort of understand what that process looks like, what maybe some reasonable accommodations are, and the fact that it is sort of an interactive process. So another thing that Dr. Hlubocky mentioned earlier as maybe being a concern is how to talk to coworkers. Are there questions that coworkers might have after you've been out for cancer treatment, how to manage perhaps uncomfortable conversations. Can you talk about some of the ways that someone with cancer can kind of help prepare mentally for those kinds of conversations, Dr. Hlubocky? Dr. Fay Hlubocky: Reactions will be different, and they'll vary from person to person, colleague to colleague. Some colleagues will be supportive, know when to ask or not to ask questions, and these colleagues will also try to be helpful with tasks as you return to work. Yet others might be very avoidant because they simply don't know what to say, and that can be hurtful because we all want to feel supported by our colleagues, especially after an experience like cancer. Therefore, it's important for you to prepare and plan on what you want to say before you're returning to work. Honestly, there's really no right or wrong way to address this, as everybody deals with the cancer experience differently. You may desire to talk openly about the cancer experience, or you might wish to simply move on in order not to be treated differently by colleagues. Empowering yourself by setting boundaries on how to address these questions is key. For example, you can thank your colleagues for their concerns. However, express that, for you, now is not the time or the place to discuss your experience. Remember, you have to feel comfortable and safe in discussing your experience. Accept help if offered, especially in the initial stages of returning to work. Also, it's important to be prepared that some relationships may change. For example, those who were supportive and close to you before the cancer may distance themselves afterwards. You will learn who you can count on, and that is what's important. If you do feel comfortable, talk to your supervisor regarding any concerns that you may have about returning to work and addressing colleagues' questions so the supervisor can also help prepare the staff as well. But, again, only if you are comfortable. Be sure to check in with your supervisor, especially if you feel that the work environment is not supportive. Claire Smith: Wonderful. Great advice. And working can sometimes be stressful under the best of circumstances, and especially if you've gone through cancer treatment, you're maybe starting a new job or returning to a workplace. What are some tips for coping with some of those emotions and stresses that might arise? Dr. Fay Hlubocky: First and foremost, it's talking with your oncology team about when is the best time to return to work given your specific phase in the cancer survivorship journey, as well as inquiring about symptoms that you may have, like fatigue or cancer-related cognitive dysfunction and any other worries or symptoms that may interfere with returning to work. We want to be sure that you're physically healthy to return to work, and be sure to talk to them about any fears associated with working. Remember, we, your cancer team, are here to help you. Also, knowledge is power, and thus education on what is needed or how to return to work after cancer, taking into consideration life changes and symptoms can help to alleviate some of this distress. Also, again, if comfortable, talk to your supervisor about your options and to determine a plan. With the change in work environment, you may have the option to return slowly, gradually to the work environment first, maybe virtually, then part-time with fewer hours and gradually full-time. Again, if comfortable, talk to your supervisor about any time and work accommodations you may feel. Planning this return to work in partnership with your supervisor can really help you prepare as well as address any worries and anxieties you may hold. If the stress and the anxiety associated with returning to work is just really simply too overwhelming, talk to your therapist to help you plan to return to work. If you're not already connected to psychosocial support, engaging in the service can be a really valuable tool to help you determine your readiness to return to work. A psychologist, a social worker can really help you with preparing and problem-solving and planning when or if returning to work is an option now or in the future. Cognitive behavioral therapy, or CBT, is a research-based psychotherapy that we use that can help to address anxious and worried thoughts that you may have. And the goal of CBT is really to learn to control, challenge, and overcome distressing thoughts and beliefs about returning to work and helps you learn skills to really change your behaviors. It's also OK to realize that your job is now not right for you. Remember, a comprehensive plan in collaboration with your doctor, potentially your supervisor and psychosocial support, can really help prepare you, empower you as you begin the process of returning to work. Claire Smith: One other thing I wanted to touch on a little bit is issues around workplace discrimination. If someone is worried that they might face workplace discrimination after cancer, are there any resources available to them, Ms. Rosenfeld? Shelly Rosenfeld: Yes. If someone believes they've been discriminated against in the workplace or have questions about anti-discrimination protections, first of all, the Cancer Legal Resource Center, or CLRC, we have handouts on our website about someone's right to be free from discrimination in the workplace. Our website is thedrlc.org/cancer, and we recommend that someone speak with an employment attorney to discuss their legal options if someone thinks that they've been faced with discrimination. Someone also might want to file a complaint with the Equal Employment Opportunity Commission, or EEOC. The person can bring a claim for a violation of the Americans with Disabilities Act, or ADA, file a complaint with their state fair employment agency - of course, that depends on the person's state, where they live and work - or file a lawsuit against their employer. So, there's also an organization called the Job Accommodation Network, or JAN, which is a service of the U.S. Department of Labor's Office of Disability Employment Policy, where someone can learn more about resources available to them. So certainly, there are different options. We hope that no one experiences discrimination because of cancer, their history of cancer, an association with someone with cancer. Hopefully, no one ever experiences that. But if they do, hopefully they feel empowered already that there are options out there for them to assert their rights and hopefully ensure that others in the future will be free from discrimination as a result of cancer in the workplace. Claire Smith: Thank you for sharing those resources. Absolutely. Do either of you have any final thoughts before I let you go today or anything else you wanted to touch on for our listeners? Shelly Rosenfeld: I just want to say that, at times, it can be overwhelming, in addition to having a cancer diagnosis, to encounter so many different legal issues that are kind of these non-medical side effects of cancer. And I just want to say that at the Cancer Legal Resource Center, and I know that patient care teams really do care about keeping someone informed of their rights, and so it is important to know that there are rights out there and not to be hopeless about their rights because there might be things that you just never knew were possible. But just by making that effort to learn more about what's out there and what you might be entitled to, whether it's a health insurance appeal, whether if someone has to take a longer time off their job more than a year because of cancer, that there are income replacement options potentially through Social Security, that there are just health insurance options potentially out there for them, that there is hope and it is worth trying. It is worth appealing. And to work with your doctor and medical team saying, "Can you give me a letter? Can you write this for me? Do you have something that you've submitted for someone else for appeal for this medication or for this type of treatment?" And try to seek support in a practical way to stand up for yourself because the results and the upside of doing so are so important. So I just hope that someone comes away with this knowing-- you don't have to memorize or take notes or be an expert to know this after this podcast, just know that it's out there and that there are resources, and you can learn. And what the CLRC does, we do free. So just to know that there is something out there for them. Claire Smith: Wonderful. Great message. Dr. Fay Hlubocky: That's great, Shelly. Thank you. I've learned so much from this podcast. And to all the Cancer.Net audience out there, whether you're a patient or a caregiver or even part of the team, please know that we're here to help you in any capacity. Don't fight this alone, have self-compassion, be patient with oneself. This process does take time, and there's lots of resources here to help you to decide if returning to work is right for you now or in the future. Again, we're here to help you. Claire Smith: I love that. Thank you. And thank you both so much for sharing your expertise today. It was really wonderful having you, Dr. Hlubocky and Ms. Rosenfeld. Thanks for joining us. Shelly Rosenfeld: Thank you. Dr. Fay Hlubocky: Thank you so much. It was an honor and a pleasure to be with you all. Thank you. ASCO: Thank you, Dr. Hlubocky and Ms. Rosenfeld. You can find more resources and information about life during and after cancer treatment at www.cancer.net/survivorship. Cancer.Net Podcasts feature trusted, timely, and compassionate information for people with cancer, survivors, and their families and loved ones. Subscribe wherever you listen to podcasts for expert information and tips on coping with cancer, recaps of the latest research advances, and thoughtful discussions on cancer care. And check out other ASCO Podcasts to hear the latest interviews and insights from thought leaders, innovators, experts, and pioneers in oncology. Cancer.Net is supported by Conquer Cancer, the ASCO Foundation, which funds lifesaving research for every type of cancer, helping people with cancer everywhere. To help fund Cancer.Net and programs like it, donate at CONQUER.ORG/Donate.
Unanswered questions and confusion about restricted duty (who is eligible, when should it be recommended, and what an employer's responsibilities are) can delay an employee's return to work, says Tracie DeFreitas, a program leader and director of training, services, and outreach for the Job Accommodation Network. Get insights and perspectives in this episode!JAN resources referenced in this episode:Light duty: https://askjan.org/topics/liduty.cfmStay at Work/Return to Work: https://askjan.org/topics/return.cfmPregnancy: https://askjan.org/disabilities/Pregnancy.cfmEmployer-provided Leave and the Americans with Disabilities Act: https://www.eeoc.gov/laws/guidance/employer-provided-leave-and-americans-disabilities-actEnforcement Guidance: Workers' Compensation and the ADA: https://www.eeoc.gov/laws/guidance/enforcement-guidance-workers-compensation-and-adaRegulations to Implement the Pregnant Workers Fairness Act: https://www.federalregister.gov/documents/2023/08/11/2023-17041/regulations-to-implement-the-pregnant-workers-fairness-actDMEC-Related Resources:Creating More Effective Return-to-Work Pathways podcast episodeDMEC accommodation resourcesDMEC website
The University of Arkansas and the Job Accommodation Network are hosting a webinar on Tuesday, October 17 at 11:30 a.m. eastern about service and emotional support animals in the workplace. Blaise shares why this is such an important issue. Read more and register for the webinar: https://news.uark.edu/articles/66565/free-webinar-service-animals-and-emotional-support-animals-in-the-workplace What do you think? Let Blaise know, subscribe, and get social with the show! On Facebook and Twitter (X) @blaisinshows Support Blaisin' Access Podcast by contributing to their tip jar: https://tips.pinecast.com/jar/blaisin-access-podcastRead transcript
During this episode of the Career Ready Podcast, we discuss job seeking with a disability. We will also explore a resource called Ask JAN. Topic #1: Michelle interviews Melissa Schertz, the Interim Manager for the Career Services Center at College of DuPage, about how to approach the job search process if you have a disability, including the review of important terminology, laws, and guidance on the disclosure process. Topic #2 : Pierre discusses the resource Ask JAN, which is a Job Accommodation Network that helps individuals navigate disability accommodation conversations.Please visit our website Send us YOUR Listener Questions at careerpodcast@cod.edu Follow us on Instagram, Facebook, Twitter, LinkedIn @codcareercenter
The Job Accommodation Network (JAN) is the leading source of free, expert, and confidential guidance on job accommodations and disability employment issues. Serving customers across the United States and around the world for more than 35 years, JAN provides free one-on-one practical guidance and technical assistance on job accommodation solutions, Title I of the Americans with Disabilities Act (ADA) and related legislation, and self-employment and entrepreneurship options for people with disabilities. JAN provides individualized consultation to assist: Employers and their representatives seeking guidance on practical ways to engage in the interactive process, provide job accommodation solutions, and comply with Title I of the ADA; Individuals with medical conditions and disabilities seeking information about job accommodation solutions, employment rights under the ADA, self-employment and entrepreneurship opportunities; and Family members and rehabilitation, medical, educational, and other professionals in their effort to support successful employment outcomes for individuals with medical conditions and disabilities. Tracie DeFreitas is the Director of Training, Services, and Outreach for the Job Accommodation Network (JAN), the leading national source of expert guidance on workplace accommodation and disability employment issues. Tracie has more than twenty-five years of experience in the disability employment field. She has served the JAN organization in various roles since joining the team in 1994, including as Principal Consultant, Lead ADA Consultant, Project Manager for the Campaign for Disability Employment (CDE), and Senior Sensory and Immunology Specialist and Team Lead. As Director of Training, Services, and Outreach, Tracie is responsible for directing the planning, design, and implementation of internal and external JAN training programs and outreach strategies. She also collaboratively manages the day-to-day operation of the JAN service to ensure that customer needs and organizational goals are met. Learn More: Website: https://askjan.org/ YouTube: https://www.youtube.com/janinformation Facebook: https://www.facebook.com/JobAccommodationNetwork/ Twitter: @JANatJAN Interview Transcript - https://docs.google.com/document/d/1P0XJyMaFeLdnHM82lxG-wW5n9U0aPHUh/edit?usp=sharing&ouid=117716030289987185197&rtpof=true&sd=true As an Amazon Associate, I earn commissions from qualifying purchases. For more information about True North Disability Planning you can find us here: Web: https://truenorthdisabilityplanning.com/ Blog - https://ejorgensenwordpresscom.wordpress.com Podcast (ABC's of Disability Planning) - https://anchor.fm/abcs-disability-planning Waypoints - https://waypoints.substack.com/ Facebook: @TrueNorthDisabilityPlanning Twitter: @NeedsNavigator Resource store (free downloads too) - https://www.teacherspayteachers.com/Store/True-North-Disability-Planning --- Send in a voice message: https://podcasters.spotify.com/pod/show/abcs-disability-planning/message
In this episode we talk with Julie Hamilton, founder of Coaching PI. With years in HR and suffering from a chronic illness herself, Julie founded Coaching PI to help employees and train managers and leaders on how to support employees with chronic illness in the workplace. We discuss the Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA) and resources for employers on how to work through an accommodation request for a chronic illness.Check out Coaching PI ---> www.coachingpi.comConnect with Julie on Linkedin ---> https://www.linkedin.com/in/julie-hamilton-20582769/Check out Julie and Coaching PI on Facebook ---> https://www.facebook.com/coachingpiBuy Julie's Book - Chronic Illness at Work: How Managers Can Support Employees with Chronic Illness ---> https://www.amazon.com/Chronic-Illness-Work-Managers-Employees/dp/B0BFV45N36#:~:text=crafted%20retention%20plan-,Chronic%20Illness%20at%20Work%3A%20How%20Managers%20Can%20Support%20Employees%20with,set%20them%20up%20for%20success.Check out the Job Accommodation Network ---> ASKJANConnect with us:Email the podcast.Join us on Instagram - we appreciate your support!Dana Dowdell - Boss Consulting - @adashofboss - @hrfanatic
Description: In today's episode, we're tackling the intricate field of leaves of absence. We'll dive into the different types of leaves, common misconceptions, frequently asked questions, and helpful resources you can use to stay on top of best practices, rules and regulations regarding leaves of absence. Key Takeaways: When it comes to leaves of absence, work with empathy, communicate well, have expectations laid out, have an agreement, and understand return dates. There's a misconception that you can't fire, terminate, discipline, or manage people's expectations when they're on leave. That is simply untrue. Those things can all be done if they're done fairly and objectively. MRA has many leaves of absence resources, including the hotline, toolkits, guides, trainings, and more! Resources: 24/7 HR Hotline Leave of Absence Request Form JAN - Job Accommodation Network ADA Toolkit Supervisor and the Law Training MRA Membership About MRA Let's Connect: Guest Bio - Amy Whittenberger Guest LinkedIn Profile - Amy Whittenberger Host Bio - Sophie Boler Host LinkedIn Profile - Sophie Boler Transcript: Transcripts are computer generated -- not 100% accurate word-for-word. 00:00:00:01 - 00:00:03:10 Hello everybody and welcome to 30 minute Thrive, 00:00:03:10 - 00:00:06:20 your go-to podcast for anything and everything HR. 00:00:06:21 - 00:00:09:22 Powered by MRA, the Management Association. 00:00:09:23 - 00:00:12:23 Looking to stay on top of the ever-changing world of HR? 00:00:12:23 - 00:00:14:18 MRA has got you covered. 00:00:14:18 - 00:00:17:15 We'll be the first to tell you what's hot and what's not. 00:00:17:16 - 00:00:21:03 I'm your host, Sophie Boler, and we are so glad you're here. 00:00:21:04 - 00:00:22:22 Now it's time to thrive. 00:00:22:22 - 00:00:26:22 Hello, everybody, and welcome to this episode of 30 Minute Thrive. 00:00:27:05 - 00:00:30:18 We're happy you're here, and I'm excited to talk about what's hot on the hotline 00:00:30:22 - 00:00:32:13 with Amy Whittenberger. 00:00:32:13 - 00:00:35:06 She's our HR Business Advisor here at MRA. 00:00:35:07 - 00:00:38:17 So she's the one to answer all of your HR Questions, 00:00:38:17 - 00:00:42:04 and provide some good advice when you call on our HR hotline. 00:00:42:05 - 00:00:46:14 Prior to joining MRA, Amy held multiple positions in HR 00:00:46:14 - 00:00:50:01 and operations roles, and worked in the manufacturing 00:00:50:01 - 00:00:53:07 and service industries, all small and large companies, 00:00:53:16 - 00:00:57:05 as well as for-profit and not-for-profit companies. 00:00:57:17 - 00:01:01:19 She's actually owned her own HR consulting business and taught 00:01:01:19 - 00:01:05:05 HR courses at Cardinal Stritch University as well. 00:01:05:16 - 00:01:08:18 So, I know you come with a lot of experience and knowledge 00:01:08:18 - 00:01:12:08 today, so I'm excited that you're sharing it with us on the podcast today. 00:01:13:14 - 00:01:14:15 I'm glad to be here. 00:01:14:15 - 00:01:15:05 This is fun. 00:01:15:05 - 00:01:16:15 Yeah, absolutely. 00:01:16:15 - 00:01:20:04 Well, a recent episode was dedicated to MRA's most 00:01:20:04 - 00:01:24:01 called upon topic on the hotline, which was FMLA. 00:01:24:10 - 00:01:28:21 So let's kind of talk about the other side to that, and that's leaves of absence. 00:01:28:21 - 00:01:31:14 So what other forms of leaves are there? 00:01:32:03 - 00:01:35:16 So there are a couple more that we do need to talk about with our members 00:01:35:16 - 00:01:36:19 when they do call in. 00:01:36:19 - 00:01:39:21 You know, we have over 4000 members, a million employees, 00:01:39:21 - 00:01:42:19 so we're bound to get calls regarding leaves that are needed. 00:01:43:15 - 00:01:47:20 Some of those leaves look like our medical and personal leaves are policies 00:01:47:20 - 00:01:51:18 a company might have in place of not having FMLA available. 00:01:52:03 - 00:01:56:08 And there's the big one, which is ADA, where there is an accommodation 00:01:56:08 - 00:01:57:15 in the form of leave. 00:01:57:15 - 00:02:01:12 There are military leaves and leaves due to worker's compensation. 00:02:01:12 - 00:02:05:15 And we also need to talk about any state-mandated paid leaves 00:02:05:15 - 00:02:06:13 that are out there as well. 00:02:06:13 - 00:02:08:13 And there are 11 states that have that right now. 00:02:08:18 - 00:02:10:19 So a lot of different types going on. 00:02:10:19 - 00:02:12:09 So, if a member were to call 00:02:12:09 - 00:02:15:03 and say that they have an employee that needs to be out 00:02:15:10 - 00:02:21:12 but they are not eligible for for FMLA; what really are their options? 00:02:21:12 - 00:02:23:02 like where do they start? 00:02:23:02 - 00:02:25:02 I think the first question I would ask them is, 00:02:25:03 - 00:02:29:00 is if they do have a medical or personal leave policy on hand, 00:02:29:00 - 00:02:31:20 if they do, obviously that's a great foundation to work with. 00:02:32:06 - 00:02:35:09 You know, if I look at the policies, they tend to mirror FMLA. 00:02:35:09 - 00:02:39:19 So the conversation can be almost the same as an FMLA, in terms of, you know, 00:02:39:19 - 00:02:42:19 the eligibility requirements they might have for employees' forms 00:02:42:19 - 00:02:47:12 to use, medical certifications to get, as well as, how do you handle 00:02:47:12 - 00:02:50:18 benefits, pay in paying for benefits of all that employees out 00:02:51:15 - 00:02:53:11 and then documenting everything. 00:02:53:11 - 00:02:57:23 If they don't have a leave policy then we suggest that they use our sample. 00:02:57:23 - 00:03:01:00 We have a great sample to use, and then to work from. 00:03:01:23 - 00:03:04:13 And then, if they don't have that policy in place, 00:03:04:13 - 00:03:06:07 really is talking about, you know, 00:03:06:07 - 00:03:08:03 if this is the first time they might be doing it, 00:03:08:03 - 00:03:12:02 what precedent might they be setting with this employee, for future decisions, 00:03:12:10 - 00:03:15:19 or certainly look back, if they can, in different files 00:03:16:06 - 00:03:19:12 where they might have had past practices so that they can be consistent 00:03:19:12 - 00:03:20:03 in the future. 00:03:20:03 - 00:03:24:05 So what else do companies really need to consider on this? 00:03:25:04 - 00:03:28:07 And particularly to their policies in terms of leave? 00:03:28:08 - 00:03:31:11 You know, I certainly bring into the conversation regarding PTO, 00:03:32:18 - 00:03:34:23 you know, how is their PTO administered? 00:03:34:23 - 00:03:39:09 How does it apply to leaves, required or not, in terms of taking time off, 00:03:40:01 - 00:03:43:01 and then again looking at paid leave in terms of states? 00:03:43:14 - 00:03:46:10 So the good news is that if you have a policy, 00:03:47:08 - 00:03:50:16 where you provide equal amounts of leave in more than the state 00:03:50:16 - 00:03:54:13 requires you to have to provide additional leave on top of that. 00:03:54:19 - 00:03:56:03 So that you'd just be good to go. 00:03:56:03 - 00:03:58:01 So at least get that out of the way. 00:03:58:01 - 00:03:59:15 Okay. That makes sense. 00:03:59:15 - 00:04:04:04 So you mentioned earlier that ADA was one of the big ones. 00:04:04:09 - 00:04:07:01 So can we talk about that a little bit? Yes. 00:04:07:07 - 00:04:10:21 So on that same call with any member that's calling in, we certainly would 00:04:10:21 - 00:04:14:16 move them into accommodation in terms of a disability. 00:04:14:16 - 00:04:19:00 ADA is required of any companies of more than 15 employees, 00:04:19:20 - 00:04:23:00 and we would first suggest that they look in their toolkit, 00:04:23:00 - 00:04:26:20 so we have a disability toolkit, that's exclusive to our members, 00:04:26:20 - 00:04:30:17 very comprehensive in terms of information, state laws, DOL 00:04:30:17 - 00:04:34:11 information, forms, letters to use, 00:04:34:18 - 00:04:37:13 and an introduction to Jan, so everyone should know Jan. 00:04:38:00 - 00:04:40:11 Jan is a resource through the DOL. 00:04:40:11 - 00:04:45:05 stands for Job Accommodation Network and so it's a great use resource as well. 00:04:45:05 - 00:04:48:20 Working through a leave when it comes to accommodation is similar 00:04:48:20 - 00:04:51:07 to accommodations for any other disabilities. 00:04:52:01 - 00:04:54:21 It's just having those questions regarding the leave, 00:04:54:21 - 00:04:57:13 and the amount of leave that would be necessary. 00:04:58:09 - 00:05:01:00 So diving a little bit deeper into ADA, 00:05:01:09 - 00:05:03:18 what does a leave really look like under this? 00:05:03:19 - 00:05:06:04 Yeah, so it could be a lot of different things, 00:05:06:04 - 00:05:09:11 that the can really vary, you know so a couple of samples could be, you know, 00:05:09:11 - 00:05:13:04 employee calls in on a Monday and said, hey, I broke my leg over the weekend, 00:05:13:12 - 00:05:15:19 playing soccer, I don't have worker's comp. 00:05:15:19 - 00:05:17:07 It's not a FMLA. 00:05:17:07 - 00:05:19:17 I know I can't come to work because I'm in a cast, 00:05:20:06 - 00:05:22:17 I won't have my cast off for two weeks. 00:05:23:03 - 00:05:24:19 What does that look like for them? 00:05:24:19 - 00:05:28:09 It could be other issues such as, you know, a mental health issue. 00:05:28:09 - 00:05:30:15 We know mental health issues are on the rise. 00:05:31:15 - 00:05:32:17 So it could be that they need 00:05:32:17 - 00:05:35:21 a modified schedule in order to attend therapy appointments. 00:05:36:17 - 00:05:39:04 On that same vein, it could be people that have like 00:05:39:04 - 00:05:41:21 a chronic diabetes situation and need treatments, 00:05:42:10 - 00:05:44:13 or unfortunately people are dealing with cancer. 00:05:44:13 - 00:05:46:23 They have chemotherapy that they have to attend. 00:05:48:04 - 00:05:50:15 It could also be people that have a drug addiction, 00:05:50:15 - 00:05:54:21 and they want to check themselves into like a 30 day stay treatment center. 00:05:55:11 - 00:06:00:05 And could be of a newer disability, are going to be working with the service dog. 00:06:00:05 - 00:06:01:04 So I need to go 00:06:01:04 - 00:06:04:19 look at training with my dog to learn how to work through those issues. 00:06:04:19 - 00:06:08:03 I didn't know that was a part of it, it is, yes. 00:06:09:05 - 00:06:11:08 And it can be things like you know 00:06:11:21 - 00:06:15:10 I had a FMLA available to me for migraines. 00:06:15:10 - 00:06:19:01 Migraines tend not to go away, so I'm still dealing with migraines, 00:06:19:09 - 00:06:21:05 you know, how can we work through leave for that? 00:06:22:07 - 00:06:24:10 And then, even, you know, a fairly common 00:06:24:10 - 00:06:28:01 one is someone who's pregnant and not eligible for FMLA. 00:06:28:09 - 00:06:29:20 And working through those issues, like, 00:06:29:20 - 00:06:33:06 they might need time off for morning sickness, or things like that. 00:06:33:18 - 00:06:34:06 Mm hmm. 00:06:34:06 - 00:06:37:10 So a very big array. Yes. 00:06:37:17 - 00:06:38:12 It is. 00:06:38:12 - 00:06:42:11 ADA is far reaching and very complex. 00:06:42:11 - 00:06:46:15 So, do employers have to accommodate employees 00:06:46:15 - 00:06:49:12 for every single one of those situations, per se. 00:06:50:00 - 00:06:51:18 So, no, each case is different. 00:06:51:18 - 00:06:55:16 So essentially what a company does need to do, is 00:06:56:01 - 00:06:59:02 they are required to engage in what's called an interactive process. 00:06:59:13 - 00:07:03:13 That process is how and the employer and the employee works 00:07:03:13 - 00:07:07:09 together to find out, you know, what is a reasonable accommodation. 00:07:07:21 - 00:07:11:08 So this should be a conversation, it should not be a confrontation. 00:07:11:18 - 00:07:16:00 You know, it really is about the employer and the employee come together 00:07:16:00 - 00:07:19:23 with ideas, bring them to the table, come into agreement about what might work. 00:07:20:00 - 00:07:23:15 You know, there could be situations where through those conversations, the employer 00:07:23:15 - 00:07:27:20 finds out or determines that they can't accommodate with the employee is asking. 00:07:28:06 - 00:07:31:12 And that's what we call an undue hardship. 00:07:31:12 - 00:07:35:07 And there's very, you know, pretty specific reasons why you would choose. 00:07:35:07 - 00:07:35:16 That, 00:07:36:16 - 00:07:38:06 is a lengthy conversation. 00:07:38:06 - 00:07:40:15 It shouldn't be made lightly. 00:07:40:15 - 00:07:43:08 And if you're coming to that conclusion, certainly, you know, 00:07:43:08 - 00:07:47:06 we suggest that you have a complete set of documentation 00:07:47:13 - 00:07:49:06 regarding those conversations and why you made that decision. 00:07:49:06 - 00:07:52:22 Kind of going off of that, and you just spoke a little bit about it. 00:07:53:07 - 00:07:56:14 But what really are the factors used to determine 00:07:56:14 - 00:07:58:17 whether an undue hardship exists? 00:07:59:08 - 00:08:00:00 Mm hmm. 00:08:00:00 - 00:08:01:09 So when it comes to leaves, 00:08:01:09 - 00:08:04:17 it really is about what the employees are requesting in terms of, you know, 00:08:04:17 - 00:08:07:19 how long they might need off, the frequency, 00:08:07:19 - 00:08:11:13 they might need off, the length of time that they're requesting. 00:08:11:13 - 00:08:13:03 A big piece of that is 00:08:13:03 - 00:08:16:12 if the time they're requesting, is predictable or unpredictable. 00:08:16:22 - 00:08:19:19 You know, we know in the workplace, that when people are calling sick, 00:08:20:01 - 00:08:23:08 those unplanned times, get really hard to manage sometimes 00:08:23:08 - 00:08:27:05 before the other staff to pick up the pieces and then cover that. 00:08:27:18 - 00:08:31:17 So that really plays into making that decision in terms of undue hardship. 00:08:32:03 - 00:08:32:08 Okay. 00:08:32:19 - 00:08:35:11 So how does this really align with employers 00:08:36:01 - 00:08:39:00 who ask for doctors notes when an employee's out 00:08:39:00 - 00:08:42:15 for several days or calls than when they're injured outside of work? 00:08:42:15 - 00:08:43:03 Yeah. 00:08:43:03 - 00:08:48:20 So a lot of attendance policies out there will have a requirement 00:08:48:20 - 00:08:52:14 for employers, when the employee is out for let's say three or more days, 00:08:53:00 - 00:08:57:02 that they do bring back a doctor's note, clearing them to come back to work. 00:08:58:04 - 00:08:59:00 The cautionary 00:08:59:00 - 00:09:02:06 point here is that employers have to make sure 00:09:02:06 - 00:09:05:21 that they're not requiring that the employees are 100% healed, 00:09:06:23 - 00:09:12:07 because that is in direct conflict with ADA, asking us to make accommodations 00:09:12:07 - 00:09:15:08 for people that need to meet the essential functions of the job. 00:09:16:09 - 00:09:19:06 So in the beginning, we talked a little bit 00:09:19:06 - 00:09:23:22 about the different types of leaves, So we should go back to that. 00:09:23:22 - 00:09:26:12 And can you talk a little bit more about those other types 00:09:26:12 - 00:09:29:02 that you kind of listed out in the first question. 00:09:29:05 - 00:09:29:16 Yeah. 00:09:29:16 - 00:09:34:06 So besides ADA, another common one I did mention is pregnancy leave. 00:09:34:19 - 00:09:40:09 And so people that have a pregnancy but are qualified under a FMLA, 00:09:40:14 - 00:09:43:22 they certainly have protections under Title seven and EEOC, 00:09:44:07 - 00:09:46:08 and with the Pregnancy Discrimination Act, 00:09:47:15 - 00:09:50:23 that prevents people from being discriminated against 00:09:50:23 - 00:09:52:23 because of pregnancy issues. 00:09:52:23 - 00:09:56:21 But then the ADA does come back into play, and that there is accommodations 00:09:56:21 - 00:09:59:08 that should be made for people that are pregnant. 00:09:59:08 - 00:10:03:03 Those things can be like additional breaks, longer breaks, 00:10:03:03 - 00:10:07:07 maybe a change in schedule, or a change in shift, to deal with, 00:10:07:07 - 00:10:10:19 you know, anything you know, including things like morning sickness. 00:10:11:07 - 00:10:12:23 We've listed so many already, 00:10:12:23 - 00:10:16:06 but are there any other ones that you want to cover too? 00:10:16:21 - 00:10:20:06 Yeah, there's definitely one more part and one and I think we saved the best 00:10:20:06 - 00:10:22:10 for last. I think that's military leaves. 00:10:22:22 - 00:10:26:11 And so there is an act called the USERRA Act, which is the Uniformed 00:10:26:11 - 00:10:29:16 Services, Employment and Reemployment Rights Act. 00:10:30:05 - 00:10:33:06 And this ACT employee covers all employers. 00:10:33:06 - 00:10:36:07 So it's available to anyone that's in a military situation. 00:10:37:04 - 00:10:41:13 It's semi similar to a family in that it is providing 00:10:42:00 - 00:10:45:02 leave away from the job with protection to come back 00:10:45:02 - 00:10:47:16 and get your job, an equal job for equal pay 00:10:48:05 - 00:10:51:19 and the military act is different though, in that you you're returning 00:10:51:19 - 00:10:55:05 someone who is back to a positions called an escalated position. 00:10:55:19 - 00:10:59:12 So that means you're returning the back to a position where they 00:11:00:01 - 00:11:02:21 if they attained anything like increases 00:11:02:21 - 00:11:05:18 promotions and increase in security, 00:11:06:00 - 00:11:10:01 increase in benefits, etc., you turn them into that 00:11:10:22 - 00:11:13:16 that role with those benefits, they would have a attained. 00:11:14:00 - 00:11:14:18 Interesting. 00:11:14:18 - 00:11:16:04 So it's a really nice feature. 00:11:16:04 - 00:11:18:10 They shouldn't have to suffer because they served our country. 00:11:18:17 - 00:11:19:06 Absolutely. 00:11:20:13 - 00:11:21:11 So as we 00:11:21:11 - 00:11:25:01 wrap up the episode today, I just kind of want to end with what 00:11:25:05 - 00:11:28:02 other concerns or issues you hear that members 00:11:28:02 - 00:11:30:18 bring up to you regarding leaves on the hotline? 00:11:31:04 - 00:11:31:14 Yeah. 00:11:31:14 - 00:11:34:22 So I think, you know, in the most part I think the leaves go quite well. 00:11:35:04 - 00:11:40:13 You know, like anything else, if we work with empathy, communicate well, have 00:11:40:13 - 00:11:44:16 expectations laid out, have an agreement, understand return dates. 00:11:44:16 - 00:11:48:21 I think those can work well between employee, manager, and HR. 00:11:48:21 - 00:11:51:04 But we know not all things work out well. 00:11:51:14 - 00:11:55:19 And that's the kind of the calls we get to at the hotline is helping people 00:11:55:19 - 00:11:58:23 when they're a little bit frustrated because things are going as expected. 00:11:59:09 - 00:12:01:11 And when they said they would accommodate a leave. 00:12:01:11 - 00:12:05:17 What we try to do in those situations, for example, there's a misconception 00:12:06:11 - 00:12:07:06 out there that 00:12:08:09 - 00:12:09:02 you can't 00:12:09:02 - 00:12:11:21 fire, can't terminate, can't discipline, 00:12:12:04 - 00:12:14:12 can't manage people's expectations when they're on leave. 00:12:15:09 - 00:12:17:06 And that is simply untrue. 00:12:17:06 - 00:12:21:05 And those things can be done if they're done fairly, 00:12:21:10 - 00:12:24:00 objectively, you know, for business reasons, 00:12:25:03 - 00:12:28:12 in that for any discriminatory reason, things can go wrong. 00:12:29:06 - 00:12:32:02 If we're not communicating well, a good example of 00:12:32:02 - 00:12:34:10 when you can terminate someone when they're on leave 00:12:35:04 - 00:12:37:12 is if someone's on leave and unfortunately, 00:12:37:12 - 00:12:40:14 a company has make a decision to do a restructuring 00:12:41:15 - 00:12:44:01 and they're looking at limiting positions. 00:12:44:01 - 00:12:47:16 If they have a role that's on the list, 00:12:47:16 - 00:12:52:05 that role in that employee who's on leave that is in the role can be terminated. 00:12:52:19 - 00:12:55:09 And no means would you have to bump someone 00:12:56:01 - 00:12:58:09 as from losing their job because someone's on leave. 00:12:59:08 - 00:13:00:06 Interesting. 00:13:00:06 - 00:13:00:20 Yeah. 00:13:00:20 - 00:13:04:14 Another situation that we think about is that when it comes 00:13:04:14 - 00:13:09:04 to disciplining people, you know, all of our employees are expected to, 00:13:09:05 - 00:13:12:05 you know, contribute to the company, have good attitudes, 00:13:13:03 - 00:13:16:20 be professional, follow policies, follow you, call on procedures 00:13:17:16 - 00:13:21:07 and whether or not that's when we need to step in and discipline 00:13:22:10 - 00:13:24:14 in is performance 00:13:24:14 - 00:13:27:00 a person who's on leave is not immune to that. 00:13:27:00 - 00:13:29:01 They still need to do their job and perform well. 00:13:29:08 - 00:13:32:20 And if a person's on leave and those discussions were happening 00:13:32:20 - 00:13:36:05 before they left, the manager should be resuming 00:13:36:05 - 00:13:38:08 those conversations as soon as the person leaves. 00:13:39:05 - 00:13:41:11 Well, there's some good real life examples 00:13:41:11 - 00:13:44:02 that a lot of employers can resonate with those. 00:13:44:10 - 00:13:48:06 So are there any other resources that you would recommend to employers? 00:13:48:23 - 00:13:49:09 I would. 00:13:49:09 - 00:13:52:04 So I did mention earlier our disability toolkit. 00:13:52:12 - 00:13:54:03 Those begin really comprehensive. 00:13:54:03 - 00:13:56:06 I think very helpful to use. 00:13:56:06 - 00:13:59:05 Obviously calling the hotline I think is a really important tool 00:13:59:05 - 00:14:02:13 because these are, you know, complex things that should be talked through. 00:14:02:21 - 00:14:04:12 Even if you think you understand. 00:14:04:12 - 00:14:07:05 And what you could be handling is always good to talk through it. 00:14:07:05 - 00:14:11:16 Make sure your hitting all the points, And then we do have a really great 00:14:11:16 - 00:14:15:10 training class that we offer that's called supervisor and the law. 00:14:16:09 - 00:14:19:20 It's in-person or virtual and it includes leaves. 00:14:20:05 - 00:14:22:02 It's available for our supervisors. Good. 00:14:22:02 - 00:14:25:14 We'll link from the show notes to for for our viewers. 00:14:26:09 - 00:14:28:14 Yeah. And I learned a lot. Sure. 00:14:28:19 - 00:14:30:12 You helped a lot of people out today. 00:14:30:12 - 00:14:32:08 So thank you for being our guest today. 00:14:32:08 - 00:14:35:04 In 30 minutes Thrive and really sharing your knowledge 00:14:35:04 - 00:14:38:15 and what you hear on this hot topic on the hotline. 00:14:39:05 - 00:14:43:13 So if you liked our chat and topic today, I encourage you to share this episode, 00:14:43:13 - 00:14:46:08 like give it a review, share it with your friends, 00:14:46:17 - 00:14:50:00 and consider joining MRA if you aren't a member already. 00:14:50:06 - 00:14:53:12 We have linked all resources in the show notes below for you, 00:14:53:21 - 00:14:56:02 so you should be all prepared for that. 00:14:56:02 - 00:15:00:03 And we've also linked Amy's LinkedIn profile in the show notes, 00:15:00:13 - 00:15:03:04 as well as MRA's hotline information. 00:15:03:04 - 00:15:07:08 So if you want to get in touch with her or get connected with the hotline, 00:15:07:19 - 00:15:11:18 we have that available for you in the show notes to thank you for tuning in today. 00:15:11:18 - 00:15:15:07 And thank you, Amy, for being a great guest and we will. 00:15:15:07 - 00:15:17:13 See you next week. That was fun. Thanks.
We've entered the era of the accommodating workplace. From telecommuting to ergonomics, recent changes in the status quo have made the workforce more welcoming to more people than ever before. And that's good news for everyone.Today, we're speaking with Matthew McCord, Senior Consultant at Job Accommodation Network, and Nesha Courtney, National Product Manager Advocacy, Biopsychosocial, Disability, and Return to Work Services at Broadspire, about what's fueling the trend. Join us as we discuss:Why companies are investing in ergonomic modificationsThe COVID effect on accommodation in the workplaceHow legislation is impacting accommodation
My guest today is employment and disability expert Dr. Phillip Rumrill, and we're going to talk about aspects of job accommodations, & unemployment directly related to Multiple Sclerosis. Dr. Rumrill is a nationally certified rehabilitation counselor & the director of research and training at the University of Kentucky human development institute. For many years, He served as the director for Multiple Sclerosis Employment Assistance Service, which provided vocational services & support to people living with MS across the US. Dr. Rumrill has authored and co-authored more than 150 professional journal articles, 40 book chapters, and 6 books. ★Resources mentioned during episode: → “Enhancing Productivity on Your Job: The Win-Win Approach to Reasonable Accommodations" - www.nmss.org → Rehabilitation Services Administration - Find the specific link for each state's vocational rehabilitation program & more - https://www2.ed.gov/about/offices/list/osers/rsa/index.html → The Job Accommodation Network or "JAN" through West Virginia university -https://socialwork.wvu.edu/research/the-jan-research-project → The US Equal Employment Opportunity Commission - www.eeoc.gov Additional Resources: https://www.doctorgretchenhawley.com/insider Reach out to Me: Gretchen@DoctorGretchenHawley.com Website: www.MSingLink.com Social: ★ Facebook: https://www.facebook.com/groups/mswellness ★ Instagram: https://www.instagram.com/doctor.gretchen ★ YouTube: https://www.youtube.com/c/doctorgretchenhawley?sub_confirmation=1 → Game Changers Course: https://www.doctorgretchenhawley.com/GameChangersCourse → Total Core Program: https://www.doctorgretchenhawley.com/TotalCoreProgram → The MSing Link: https://www.doctorgretchenhawley.com/TheMSingLink
This is your HR News Flash, your briefing on talent management and the world of work from HRCI. Designing and implementing an accessibility strategy empowers your organization to hire persons with disabilities. Supporting accessibility is a strategic investment that can contribute to the inclusivity and productivity of an organization. Here are some possibilities to assist in implementing an accessibility strategy. Control costs — and risks. Research from the Job Accommodation Network found the costs and tax incentives associated with accessibility accommodations can be a win-win undertaking. Not only is hiring a capability diverse workforce a good investment, it also removes the risk of adverse selection or discrimination in hiring. Enhance accessibility. Not having the perspective of a capability diverse workforce can limit the talent and production outcomes of an organization. Having a solid and enhanced accessibility strategy allows HR to tap into a more qualified talent pool that might otherwise be overlooked. Persons with disabilities bring unique perspectives that can increase innovation, enhance workplace engagement and contribute to a healthier and diverse work culture. Improved productivity. Implementing a universal design strategy that is accessible to persons with disabilities can help employers achieve a work environment that results in non-disruptive hiring or the need to redesign workspaces. Having this strategy will improve productivity and diminish the need for reactionary adaptation or accommodations. This concludes your HR News Flash. HRCI prepares HR leaders for the digital age. Thanks for listening. Check back soon for the workplace news you need. Learn more at HRCI.org.
Join my discussion with Jessie Wusthoff. Jessie is the Director of People and Culture for Clover Health. She is a passionate diversity and inclusion advocate with a focus on developing women in leadership and creating awareness of the impact of unconscious bias. Her stories, insights, and advice are invaluable to positively navigating this world going forward. Resources mentioned in this podcast: Job Accommodation Network, AskJan.org Speechless - Trailer
Happy average, ordinary Thursday! Today I interview Taylor, a 5th grade Spanish teacher with ADHD. This episode has everything: ADHD accommodations in higher education and the workplace, medication side effect gossip, what your teacher with ADHD is thinking, slip-ups and successes, and a surprise cat appearance. It's long, but totally worth it. Resources mentioned: Job Accommodation Network Apps: MinimaList (iOS & Android): Pixelist (iOS) theadhdmanual.com | theadhdmanual@gmail.comSupport the show (https://ko-fi.com/theadhdmanual)
In this episode, Ashley and Andrea put forth the radical idea that reasonable accommodations are good for business! More specifically, they define psychiatric disability and explain how people living with mental health disorders qualify for accommodations at work under the ADA - Americans with Disabilities Act. They also provide lots of examples of what a reasonable accommodation for mental health looks like in the business setting. Andrea shares a word of caution about trying to address accommodation issues without the help of your HR staff. Ashley explains why she sits behind the copy machine at work. If you are a manager, owner, HR professional, or employee who wants to learn more about mental health and ADA laws, ask JAN. The Job Accommodation Network (referred to as JAN) is the leading source of free, expert, and confidential guidance on workplace accommodations and disability employment issues. https://askjan.org/ Buy the book, There's an Elephant in Your Office, on our website elephantinyouroffice.com or on Amazon. Hire us to train your workforce on incorporating mental health into all kinds of businesses. Find us on social - Instagram @elephantinyouroffice; FB @ASJexplains Thumbnail image credit: BSIP / Universal Images Group / Getty Images. nZ4GRSbGcDwacqG20k81 --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app
Your weekly dose of information that keeps you up to date on the latest developments in the field of technology designed to assist people with disabilities and special needs. Anne Hirsh – Associate Director of Job Accommodation Network Web: www.askJAN.org Phone: 1-800-526-7234 (Voice) TTY: 1-877-781-9403 Android Quake Story: https://engt.co/3fVnp0k FaceBook Access Story: https://bit.ly/30TUzJR Foresite Story: https://bit.ly/3aqvBET Capital Crawl […] The post ATU482 – Job Accommodation Network with Anne Hirsh appeared first on Assistive Technology at Easter Seals Crossroads.
Joyce welcomes Lou Orslene, co-director of the Job Accommodation Network (JAN). JAN is the leading source of free, expert, and confidential guidance on workplace accommodations and disability employment issues. Working toward practical solutions that benefit both employer and employee, JAN helps people with disabilities enhance their employability, and shows employers how to capitalize on the value and talent that people with disabilities add to the workplace. Mr. Orslene will explain his role and the mission of the organization.
This was an assignment for my Career Counseling course. So if you’ve ever wanted to know more or learn about the Job Accommodation Network, this is the place for you!
Nayenday Thurman, Chief Operating Officer at the Center for Social Innovation, and host Jeff Olivet discuss organizational benefits to hiring people with lived experience and share strategies for hiring, supervising, and retaining. This episode is 4th in a four-part series on “Recovery at Work.” Visit thinkt3.com and follow us on Twitter, Facebook, and LinkedIn for more resources to grow your impact. Information and Technical Assistance on the Americans with Disabilities Act Information about workplace accommodations and the Americans with Disabilities Act from the Job Accommodation Network “First Who—Get the Right People on the Bus” by Jim Collins Watch "People with History of Homelessness Encouraged to Apply" as Steven Samra talks about how his experiences being homeless inform his work.
Nayenday Thurman, Chief Operating Officer at the Center for Social Innovation, and host Jeff Olivet discuss organizational benefits to hiring people with lived experience and share strategies for hiring, supervising, and retaining. This episode is 4th in a four-part series on “Recovery at Work.” Visit thinkt3.com and follow us on Twitter, Facebook, and LinkedIn for more resources to grow your impact. Information and Technical Assistance on the Americans with Disabilities Act Information about workplace accommodations and the Americans with Disabilities Act from the Job Accommodation Network “First Who—Get the Right People on the Bus” by Jim Collins Watch "People with History of Homelessness Encouraged to Apply" as Steven Samra talks about how his experiences being homeless inform his work.
Lou Orslene, Co-Director of the Job Accommodation Network, joins the program to discuss some of the various myths about accommodations, and the power of reasonable accommodations to help unleash the human potential of all people, including those with disabilities.
BOOK: Thriving in the Workplace with Autoimmune Disease: Know Your Rights, Resolve Conflict, and Reduce Stress http://amzn.to/2hcIKqP 200 High Vibration Foods Shopping List: http://learntruehealth.com/vibelist Limited Number of FREE BOOKS! http://learntruehealth.com/vibe Free $69 value 3-video course on raising your vibration! http://learntruehealth.com/reboot Autoimmune Diseases http://learntruehealth.com/autoimmune-diseases/ Autoimmune Diseases: Thriving In The Workplace Autoimmune diseases are hard to detect, and some of them are incurable. Dealing with this health condition is a challenge in itself. Having to worry about how to survive in society such as the workplace is an even more significant obstacle to hurdle. My guest, Holly Bertone is no stranger to this situation. In fact, it empowered her to use her experience to help other people cope with autoimmune diseases. Transitioning Stage Holly Bertone has always been active during her teenage years and in her 20s. However, like many young people, she was a junkaholic who enjoyed sweets too much. Resolving to have a better lifestyle, Holly Bertone transitioned in her 30s and got into fitness. She was active in mountain bike races, swimming and running. Consequently, Holly Bertone’s diet improved. She still enjoyed sweets but consumed it in moderation. Diagnosed With Breast Cancer Thinking that her healthier lifestyle drove her further away from illnesses and diseases, Holly Bertone couldn’t be more wrong. On her 39th birthday, she got a gift she didn’t expect — breast cancer. Before the doctor breaking the news to her, Holly Bertone recalled that she initially felt a lump as she rolled in bed one morning. It took two months of tests before Holly Bertone’s doctor dropped the bomb. Life In Remission It’s hard when you find out you have cancer, but as the saying goes, ‘Life goes on.’ And that’s precisely what Holly Bertone did. Ten days after her cancer treatment ended, she got married. However, the ordeal wasn’t over. Even after cancer treatment, Holly Bertone wasn’t getting better. Some of Holly Bertone’s friends survived breast cancer and were running marathons, while Holly Bertone could barely get out of bed. “I picked an aggressive treatment. But in hindsight, I wish I looked for other treatments first, especially nutrition.” Diagnosed With Hashimoto’s Six years ago, Holly Bertone complained that she was still feeling sick all the time. Doctors initially did not take Holly Bertone seriously because this was a year after her successful cancer treatment ended. Hence, the testing dragged on and on until doctors found out Holly Bertone has Hashimoto’s disease. Hashimoto’s disease is an autoimmune thyroid condition. According to the Mayo Clinic, Hashimoto’s disease primarily affects middle-aged women. However, it can also occur in men and women of any age, and in children as well. Furthermore, it is the most common cause of hypothyroidism in the United States. Coping with Hashimoto’s Autoimmune diseases can’t be cured immediately, and it indeed can’t be cured overnight by taking a lot of drugs. Holly Bertone’s case was no exception. Everyday was a constant struggle. “I was still going to allopathic doctors at that time who told me I have a hypothyroid disease. Hence, I took a lot of medicines,” recalls Holly Bertone. “My health got worse. I had migraines, brain fog, cognition issues, joint pains and chronic fatigues for five years.” The Myers Way Discovering The Autoimmune Solution book by Dr. Amy Myers was Holly Bertone’s saving grace. The book expounds on the causes of autoimmune diseases and how to reverse it naturally through diet and lifestyle changes. A New York Times bestseller, Dr. Myers has helped thousands of people suffering from autoimmune diseases. The book provides a step-by-step process towards helping your body improve in a month. “I followed her ‘Myers Way’ autoimmune protocol. I cut gluten entirely, as well as processed foods and sugar. A week later, I got rid of dairy,” said Holly Bertone. “The more foods I started to eliminate and the cleaner I ate, my health improved.” Natural Living Holly Bertone’s battle with Hashimoto’s wasn’t limited to food. Bent on making her living environment as healthy as possible, she eventually got rid of all cleaning products that had harmful ingredients. Eventually developing her line of natural organic products for the home, Holly Bertone proudly only uses the best natural ingredients for her products. Her line has also expanded to making all-natural beauty products as well. “I first got rid of harmful cleaning products. Then I learned how to make my own non-toxic cleaning products and natural beauty products,” Holly Bertone said. “It was a month before I noticed significant changes.” My Mommy Has Cancer Book If cancer is hard for the person it was diagnosed with, it is hard for family members, too. Children are affected the most. Hence, this book was written to help both the parents and children process their feelings about the dreaded Big C. The book encourages parent and child to open the lines of communication about everything concerning cancer like chemotherapy, hair loss, surgery and much more. Each little topic has a break-out box that parents go over with their child to help them open up about how they feel. “My book is for elementary kids. My stepson helped me write it. He was seven years old when I was diagnosed with cancer,” said Holly Bertone. “He and another son of a survivor helped do the illustrations. It goes through the changes that a child sees when his parent has cancer.” Thriving In The Workplace If things in the homefront are challenging enough, Holly Bertone hurdled another situation at her workplace. Nowadays, it is hard to find companies who genuinely empathize with employees suffering from autoimmune diseases and other illnesses. You see, Holly Bertone worked for a federal government agency. For the past two years, Holly Bertone’s management has been very understanding, knowing she has Hashimoto’s disease and chronic fatigue. However, when the management changed, the new team was not accommodating at all. Consequently, Holly Bertone had to get a lot of paperwork to justify her disability. “Some laws covered my condition, but there was a lot of retributions against me. The new management was not happy that I was asking for minor accommodations regarding my health,” said Holly Bertone. One night, Holly Bertone was so sick, that she barely held it together. Her health was failing, and Holly Bertone’s doctor wanted her to get treatment. “I went to the doctor once, and the manager was not happy that I went to the appointment even if I had 480 hours of approved leaves legally covered. The top management rescinded it,” Holly Bertone recalls. After four to five months of declining health and stress, Holly Bertone made the difficult decision of resigning from her job that paid a hefty salary. However, treating her experience as a blessing in disguise, Holly Bertone decided to write a book to educate individuals with autoimmune diseases on their legal and disability rights in the workplace. “The Job Accommodation Network is a non-profit organization under the Department of Labor,” said Holly Bertone. “They can’t endorse my book, but they helped me gather info for accuracy. Their website also has a lot of good resources for people with disabilities.” Pink Fortitude Website Holly Bertone believes that the essence of everything that she writes about is taking whatever life hands her and making the world a better place because of it. Her yearning to help people is why she also put up her website called Pink Fortitude. Pink Fortitude aims to help people suffering from cancer and autoimmune diseases. The website promotes a healthy and natural lifestyle through food, cleaning products and much more. “I have faced death so many times. I don’t know when my last day is going to be. So I encourage people to strive to live life everyday with fortitude, regardless of what life hands you,” said Holly Bertone. Holly Bertone, CNHP, PMP, is a health entrepreneur, author, and advocate. She is the President and CEO of Pink Fortitude, LLC and runs the healthy living website pinkfortitude.com. Holly Bertone is a breast cancer and Hashimoto’s survivor and turned these two significant health challenges into a passion for helping others. She inspires others with her quick wit, brutal honesty, and simple ways to be healthy in real life. Holly Bertone is a Certified Natural Health Professional, a Certified Essential Oils Coach, and is enrolled in a Naturopathic Doctorate program. She holds a Master’s Degree from Johns Hopkins University, a Bachelor’s Degree from Elizabethtown College, and is a Project Management Professional (PMP). Her accolades include: 2016 Speaker at the Healing Hashimoto’s Summit 2015 Inspire Award from the Tigerlily Foundation 2015 Rookie of the Year Health Activist Finalist for WEGO Health 2014 Woman of the Year from the National Association for Professional Women Accepted into the National Cancer Survivor’s Day Speakers Bureau Ambassador for the Tigerlily Foundation and the National Breast Center Foundation Holly Bertone is passionate about reaching out to cancer and autoimmune survivors, and also volunteers for organizations supporting our military veterans. In her free time, she loves to garden and hit flea markets and yard sales. She is married to a retired Green Beret, is a stepmother, and lives in Alexandria, VA. Get Connected With Holly Bertone: Official Website Facebook Youtube Twitter Instagram  Pinterest Recommended Readings by Holly Bertone Urban Monk by Pedram Shoji Books by Holly Bertone Thriving In The Workplace The Links You Are Looking For: 200 High Vibration Foods Shopping List: http://learntruehealth.com/vibelist Limited Number of FREE BOOKS! http://learntruehealth.com/vibe Free $69 value 3-video course on raising your vibration! http://learntruehealth.com/reboot ------------------------------------------------------------------------------- Do you have a blood sugar issue? I can help you achieve healthy, normal and balanced blood sugar naturally! 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Joyce welcomes Beth Loy, Ph.D, a Clinical Assistant Professor at West Virginia University, and a Human Factors Consultant, as well as, Linda Carter Batiste, J.D., a Disability Rights Lawyer with the Job Accommodation Network (JAN). JAN is a free consulting service designed to increase the employability of people with disabilities by: providing individualized worksite accommodations solutions, providing technical assistance regarding the ADA and other disability related legislation, and educating callers about self-employment options.