Self-Claimed Disabled EE

JM in ATL

Hi All.

I just wanted to run this by a few more brains than my own to make sure that my ducks are in a row... Fortunately in my many yrs in HR, I have not had to worry about this in my past, but with that of course comes the lack of experience...

We just hired a new employee. On her Affirmative Action Self Identification page, she checked off that she was disabled. We have defined disabled as: A person who has a physical or mental impairment which substantially limits one or more major life activites, has a record of such impairment, or is regarded as having such an impairment.

However, on the app, she also claims that she is able to do this job with or without reasonable accommodation.

So, she said that she can perform the job, but has also said that she is diabled. How would you procede from this point out?

Don D

A person who says he has a disability, yet says he can perform the task with or without accomodation can be asked how they would perform the task given the disability (if you ask that question of everyone) or if he states he can do so with accomodation can be asked to specify what accomodation he is suggesting. The employer can't be expected to simply stumble into the employment relationship and later hope to solve the issue the applicant raised on the voluntary questionnaire. If I'm in left field on this one, I'll be slapped upside the head in short order....

System

Don's not in left field (on this one). I would straightforwardly ask about the accommodation. Then consider three things: (1) Is this employee qualified to do the job? (2) what is the accommodation? (3) Is the accommodation reasonable? Certain things are not reasonable, like expensively retrofitting a work area, changing shifts of other employees, reducing the requirements of the job, and so on.

During the interview, just take information and notes. Don't comment on whether or not you can provide the accommodations.

"Sam"

sonny

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Maybe I am in left field here and I do not disagree with the above IF the ee needs accomodation. .I feel there is an assumption going on that she does, when indeed she may not. Not all people with disabilities need accomodation.

JM in ATL

All she has requested at this time is a certain mouse. I'm not sure how a different mouse will make all the difference in her needs, but then again, I am not 100% sure of her condition. This is a reasonable request and the people at her office location will take care of that for her.

She is in another state, so I have never met her, and from what I can gather it is a spinal condition which causes her difficulty to use her arms/hands.

The reason this concerns me is b/c she is an inside sales rep. This means making quite a few phone calls and a considerable amount of typing. However, she has performed this job before, so I can only assume (and we all know what that does) that she is fully aware of the functions of the position and can perform them within a reasonable accomodation.

Hopefully this will not be an issue, but if it is, it will definitely be a good learning experience.

Thanks for your opinions.

rad

No advice here, just information...when I was teaching I had several children with low tone and small motor (fine hand movement) problems. We had a mouse available that, instead of being dragged around the mouse pad, had a big ball in the middle and the children would move the ball around with the palm of their hand and click with their thumb (or even the other hand, it was a fairly large "clicker"). Doesn't sound like much, but it made a huge difference.

Pork

TRUE, TRUE, AND TRUE I am a disabled American Veteran and I do not require any major accomodation, but I do require a level of concern for my health that I would not or may not know even be aware, when my medications are peeking out.

I have told you in writing I'm disabled, it is wise of you to continue the discussions as the HR to determine is there an need or level of accomodation that might be required. There is no need to discuss with others with whom I will interview as the decision makers of my disability unless my disbility is going to interfere with my performance. In no case should you turn me away nor treat me any differently, if there doesnot appear to be an issue. Who knows maybe no other manager interviewed will like me and my disability will not be an issue. Once you find out my disability, then you'll know to treat me as an ADA case or march on.

PORK