Reasonable accommodations

HRinNH

I would appreciate assistance on the matter of reasonable accommodations when an employee with migraine headaches.

The scenario simply is that we have an employee (#1) who claims to have frequent migraine headaches and can’t tolerate the overhead lighting in her office. We’ve made many accommodations over the years to help her keep her area of the office dimly lit. For example, we have fixed a shade to hang down between the two work areas as well as divided the lighting over the desks with separate switches so as not to force the other employee (#2) to have to work in the dark. Employee #2 often works with only a desk lamp at her own choosing rather than the overhead lighting in her area in order to further accommodate employee #1.

Our Corporate Office is restructuring our office and eliminating that whole department. Employee #2 is retiring and employee #1 is staying on in a totally different capacity/position as Front Office Receptionist. We want to move her work station to the front lobby but we want to know where our boundaries / obligations lie in dealing with her need for accommodations due to her migraine headaches.

What, if anything, are we legally required to do in accommodating this employee in the new position. Do we need a note from her physician stating that she needs such accommodations? We cannot turn off the lobby lights…nor can we close in the receptionist work station. We could, however, allow her to remain in the office she is presently located but it is next to the lobby and could keep her from both assisting visitors in a timely manner AND answering the phone promptly when it rings.

This change is due to take place in about 3 weeks. Thanks in advance.

Cheryl C.

Paul in Cannon Beach

Has the ee had a chance to work in the front lobby yet?

Is the lighting there the same type of overhead lighting that has given her problems in the past?

Is it fluorescent lighting that bothers her?

HRinNH

No, she's always been in the small 2-person office.

Yes, the lighting is the same and I think that any light bothers her because we changed her fluorescent bulbs to others that resembled more of natural light (not sure what they're called) once upon a time but they didn't help she said.

HRinGA

I'm not that familiar w/migraine headaches, but I'll take a stab at this. I would get the certification from the doctor stating she needs this accomodation.
I assume she wants this position? (not wanting to retire). You know you'll have a talk with her about the lights. She needs to understand you can't turn off the lobby lights, etc. Does she have to have them dimmed everyday or only when the migraines hit? Can she wear protective eyewear? As I said before, I don't know enough about migraines, but it seems odd that the lights would have to be off everyday. I thought light sensivity occured when the actual migraine raises its ugly head.

SMace

Bingo, GA wins the jackpot. I don't know much about migraines either, but I agree with GA. I thought light was a problem when you have them. I did not think it was a trigger.

Ask for a doctors note that says she needs different lights and have the doc give a recommendation of what lights to use. If she can't produce, I wouldn't make a change.

Geno

Cheryl,


I couldn’t tell from your post whether you were looking for a way to not have to accommodate her or you were looking for suggestions on how to do just that, so I’ll skip over the notion that she may not have an ADA qualifying disability (headaches don’t necessarily “substantially limit one or more of her major life activities”) because you have already regarded her as having one.

The reason I say that is because if she doesn't have an ADA qualifying disability, you are not legally required to do anything.

The next thing to think about then is the reasonableness of any proposed accommodation.

I know this might sound deceptively simple, but have you/she considered having her wear a pair of slightly shaded eye-glasses? I’m sure a pair could me made that closely mimics a low-light setting

Geno

SMace

Good suggestion on the glasses. However, I want to clarify something you said.

It is my understanding that making accomodations for someone DOES NOT regard them as disabled.

Geno

A lot of employers make accommodations that they don’t have to make -- some because they just want to and some because they mistakenly think they have to.

You may be technically correct about the definition of the term “regarded,” but it sure as hell has to complicate things when management suddenly adopts a no-more-accommodation-for-you stance.

HRinNH

Right! We've made many concessions that we didn't have to and now I'm afraid we have created a monster.

HRinGA

well, now that she will be changing jobs and work areas, I would say the level of accomodations changes, too. You're gonna have to have the discussion about the lights. I would think everyone could agree that turning off the lights in the lobby is not a reasonable accomodation. If the doctor certifies she needs this, then the dialogue starts as to what is reasonable. I still think the protective eyeglasses are a good suggestion. Do you think she would go for that? Somewhere deep, down inside, she has to be thinking about this...you think? If this was me (the employee), and if this is truly a genuine problem, then that would have been the first question I asked about the new job. "what are ya'll going to do about the lights in the lobby?"

HRinNH

I will request a physician's certificate if this is an issue that she verbalizes in our chat on Friday. If she doesn't bring it up, I will assume that it is not an issue that she isn't willing to live with in the new surroundings.

Balloonman1

Hmmm lets see, your options are you have to be able to work in the looby with the way the current environment is, of course you are open to minor changes, or you are let go.

That is it in a nutshell. The position limits you ability to accomodate, do what you can, keep it to a minimum, and if she cannot do it you will have to part ways.

My $0.02 worth,
The Balloonman

Paul in Cannon Beach

In a quick search online, there seems to be some debate as to whether migraines constitute a disability under the ADA definition. It appears that the frequency and severity of the migraines must be considered when determining if a major life activity is hindered.

I'd agree with the posts above. You are limited in what you can reasonably do with this new position. Are there any other open positions?

By the way, here is a good link to what is reasonable accommodations: [url]http://www.eeoc.gov/facts/accommodation.html[/url]

Reasonable accommodations: Motel 6

I'm here all week, folks!

jitrbug

It doesn't sound like you have required any type of doctor's note from her for accommodations in the past and if you have not done this on others or at least now make a policy for accommodations, you may get yourself in some trouble by now asking her for one. Up to now, you have not shown that her requests were unreasonable because you have done them. I am assuming you probably have some FMLA certification on her for intermittant leave? All migraines I've ever been involved with did. I would let her know what the new environement is going to be, let her request accoms if she sees fit. If they seem unreasonable to you then ask for a doctor's note to back up the need for the accoms (but start doing that on everyone in the office that asks for them in the future so she can't say she was treated differently). Then if they still seem unreasonable, you have some back up documentation to base your decision on unable to or unreasonable accommodation.

HRinNH

She's never really ASKED for accommodations before that I'm aware of nor has anyone else in our office. A pretty healthy bunch we are.

I think she's been catered to a lot in this office mostly because employee #2 (retiring soon) has mothered her and been her mouthpiece for years. This is all coming to a screeching halt very soon though and without #2 as her spokesperson, she'll have to speak up to say what she can and cannot handle. So far she's been very tight lipped about this new position but she did sign the acceptance form.

I knew I came to the right place for advice. You're a superb team and I appreciate all your input. Stay tuned :-)

Brad Forrister

But remember that some of the EEOC's ADA examples in its guidances are employees with migraines. So at least those with severe migraines are certainly covered. And wouldn't you have a hard time saying you hadn't treated her as disabled if you've had this accommodation in place for so long?

Brad Forrister
VP/Content
M. Lee Smith Publishers

SMace

Brad in reference to your question, please read posts 5, 6 and 7.

SMace

[font size="1" color="#FF0000"]LAST EDITED ON 01-27-06 AT 03:46PM (CST)[/font][br][br]So you would keep doing the wrong thing because you did it in the past?

I infer from your post that I'm technically right, but that really doesn't matter. The HR world I'm from has it's foundation in technicalities.

edit:this question is for you Geno

HRinNH

[font size="1" color="#FF0000"]LAST EDITED ON 01-27-06 AT 06:02PM (CST)[/font][br][br]I had a 2nd go 'round with ee today. She knows her station will be in the front lobby where there's plenty of light. She said nothing about it being a problem. I mentioned that if the afternoon sun coming through the windows is too bright (one wall has the glass main entrance plus 4 windows up at the 2nd floor level), she can get a pair of sunglasses to wear. She still said nothing. When asked if she had any questions or saw any concerns, she said 'nope'. So it seems like it's a go...

Thanks again for all your thoughts and advice.