Are sight limitations covered by ADA?
fondy21
27 Posts
Our organization employees a professional nurse who is diagnosed with an eye condition that limits the employee's ability to read small print. The condition is something that is monitored on a yearly basis with annual check-ups. In fact, each year we have to re-explain why a routine eye exam was not covered under preventative care, rather due to the condition, the exam is considered treatment and falls into the employee's deductible.
To help accommodate this condition, in the past we have purchased a larger flat screen computer monitor for the office computer utilized for work in the employee's personal office.
With the addition of a new post-acute centralized unit on our first floor, there is a need for another computer to be stationed in the conference center within the unit. This employee is responsible for the post-acute caseload and would be utilizing this new computer for roughly, on average, 5-10 hours per week.
The dilemma is whether or not we must consider the employee's request for another larger monitor in this conference area as a reasonable accommodation. The controversy has been created due to a budget crisis. Our purchasing department wants justification to spend $750 on a requested large/flat monitor when we normally pay only $150 for a standard 17-inch monitor.
The twist is that our employee has never complained about continuously reading other smaller hard copy print found in typical nurse documentation. Examples would be MDS reports, nursing notes, resident charts and daily rosters. The ability to read these examples of smaller print with no accommodations put into doubt whether there is a serious challenge to view print on a normal 17 inch monitor.
My questions are,
1. Is this employee's illness covered under ADA?
2. Is her request reasonable?
3. Does the fact that we have accommodated a similar request previously have an effect on our position?
Any direction would be appreciated.
Thanks!
To help accommodate this condition, in the past we have purchased a larger flat screen computer monitor for the office computer utilized for work in the employee's personal office.
With the addition of a new post-acute centralized unit on our first floor, there is a need for another computer to be stationed in the conference center within the unit. This employee is responsible for the post-acute caseload and would be utilizing this new computer for roughly, on average, 5-10 hours per week.
The dilemma is whether or not we must consider the employee's request for another larger monitor in this conference area as a reasonable accommodation. The controversy has been created due to a budget crisis. Our purchasing department wants justification to spend $750 on a requested large/flat monitor when we normally pay only $150 for a standard 17-inch monitor.
The twist is that our employee has never complained about continuously reading other smaller hard copy print found in typical nurse documentation. Examples would be MDS reports, nursing notes, resident charts and daily rosters. The ability to read these examples of smaller print with no accommodations put into doubt whether there is a serious challenge to view print on a normal 17 inch monitor.
My questions are,
1. Is this employee's illness covered under ADA?
2. Is her request reasonable?
3. Does the fact that we have accommodated a similar request previously have an effect on our position?
Any direction would be appreciated.
Thanks!
Comments
1. If it can't be corrected, I would say yes.
2. It depends on the size of your organization. You would have to be teeny, tiny to say an extra $600 is not reasonable. Now if you have to replace every monitor and it costs $15,000 that may be different. So, based on your info I would say it's reasonable.
3. Yes. If you can do it once why not twice?
Regarding your twist, I believe that you can require medical documentation regarding her medical condition. It's always good to know what is specifically wrong in order to make the best decision on a reasonable accomodation. I'm no expert on ADA so I hope others weigh in.
It is my opinion that this would be a good scenario to run by a competent attorney. You are walking down a dangerous path and I would want legal guidance.
BTW, It sounds like you've done the right things so far.
Why not use a 17" monitor and adjust the print size? I am not a lawyer but my opinion is your previous accomodation was a nice gesture on your part, and not acknowledgement of your employee being ADA qualfied. Difficulty in reading small print I do not believe would normally qualify as ADA. I am not a computer geek, but I know print size can be adjusted {at least in windows} with the push of a couple buttons. As I get older I too have a problem reading the small print, that is how I justified getting a big screen tv, because the older tv's picture tube kept getting smaller and smaller!
Next, It would piss me off if some technician in purchasing decided his/her need for additional information would be the driver in this process. I am inclined to say I would answer, "Human Resources in this organization has reached a decision, based on analysis of current labor law, that this piece of equipment is required as a business decision. It is requested that this request be approved post haste."
Whether or not sight/vision problems fall under the ADA is/are debatable. For that reason, I would opt to consider that they DO.
1. Regarding the comment about enlarging the print size on a normal screen: A flat screen monitor enables a sharper image and less glare, not just bigger print. We recently purchased one for an ee with a visual impairment for that reason.
2. If you don't understand why she can read smaller print on paper but still needs a large flat screen monitor, ask her, and request additional medical documentation if necessary. Visual conditions can be weird, and don't always affect someone like we normally-sighted people would think.
3. Remember that a reasonable accommodation can be a Chevy rather than a Cadillac if a Chevy will work. In her case, maybe that could mean setting things up where she could rely only on the one large flat screen monitor you already have --- possibly relocate it more centrally; or modify her assignment to where she doesn't need to use a comuter in the new loaction; or allow time for her to go back to her office to use the better screen. Think about any and all ways to fix the problem rather than the specific fix she has requested.
Good luck!
I think I will try the justification someone gave to attempt to ask for that Big Screen TV for Christmas!