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DSI WORK SOLUTIONS E-NEWSLETTER - ANNOUNCING 2014 NATIONAL CONFERENCE
Minneapolis, MN • September 19-20, 2014
Employers, Medical Professionals & Case Managers:
Combining Efforts to
Reduce Work Injury & Disability
Featuring successful work injury management TEAM MEMBERS:
FOR MORE INFORMATION AND TO REGISTER
COMPANY LOSES DUE TO ACCOMMODATION DENIALS AND TERMINATION OF AN EMPLOYEE
Disability Compliance Bulletin, Volume 48, Issue 6, February 20, 2014.
Noon v. International Business Machines, 48 NDLR 90 (S.D.N.Y. 2013)
Noon (an employee of IBM) informed IBM of her physical disability requiring accommodations (stenosis and disc-related back pain). Noon and IBM couldn't agree on reasonable accommodations regarding Noon's director position that required international travel. Noon sought to keep her job and requested a lighter laptop and business class instead of coach class travel, based on her physician's recommendations. IBM instead suggested that she work from home on a special project, part time and offered an ergonomic workstation. Because they couldn't agree, Noon was ultimately replaced by IBM and she subsequently sought protection under ADA Title I.
In an ADA case, the employee must show that he or she was subjected to adverse employment action "solely because of" the disability. In this case, the jury concluded that IBM's suggested accommodations were not reasonable given Noon's intention to retain her position. IBM's vagueness about the special project and Noon's alleged supervisor's "change in attitude" towards her did not help IBM. Thus this ADA claim advanced because the jury concluded that IBM took adverse action against Noon after she sought accommodations for her normal position.
DSI Interpretation: This case highlights the importance of focus on developing reasonable accommodations for an employee's existing job. Employers should strongly consider using rehabilitation professionals skilled in "job function matching" to help determine:
Objective evidence (such as that created by the DSI Job Function Matching process) could have helped both parties reach an agreeable solution. A strategy could have been to bring in a rehabilitation expert to obtain objective evidence about the physical demands of the job and the employee's actual ability to safely perform the job. This would have helped both parties- by using objective information- work towards a plausible solution. Instead, this situation became an argument that brought about 2 substantial losses- the employee's job and the employer's money and resources. G. Halling
WELCOME TO OUR NEWEST DSI WORK SOLUTIONS PROVIDERS!
EB Physical Therapy, LLC - Mishawaka, IN
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PRO Physical Therapy - Front Royal, VA
Augusta Health - Fishersville, VA
Sanford Bemidji Medical Center - Bemidji, MN
Sanford Health Occupational Medicine - Fargo, ND
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Work Injury Management & Prevention Webinar Series
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Full Webinar Series: $495.00
SAD IMPACTS SOME EMPLOYEES ENOUGH TO REQUIRE REASONABLE ACCOMMODATIONS
Seasonal Affective Disorder (SAD) affects many individuals from October until April each year by causing a variety of symptoms such as depression, fatigue, oversleeping, lethargy, weight gain and difficulty concentrating. In its worst form it may lead to the inability to work, or suicidal thoughts.
Employers are also impacted in many ways when this disorder goes unrecognized and unmanaged - lower attendance, decreased productivity and decreased work quality to name a few. Employers also cannot ignore the fact that they may have a legal liability under the ADAAA to address requests for reasonable accommodations related to more severe cases of SAD (see Ekstrand v. Somerset School District, 45 NDLR 107, 683 f.3d 826 (7th Cir. 2012).
Summer may be on the way; however employers would be well advised to educate employees on recognizing and managing SAD in advance of the next "season".
Ideas to share with employees to help them reduce SAD symptoms include:
Ideas employers can use to combat SAD symptoms in the workforce:
Sources: Disability Compliance Bulletin, Vol. 48, Issue 2. Page 3, 11/14/13; Job Accommodation Network http://askjan.org/media/Psychiatric.html; Mayo Clinic www.mayoclinic.org/diseases-conditions/seasonal-affective-disorder/basics/lifestyle-home-remedies/con-20021047
NEW - DSI JOB FUNCTION MATCHING® SOFTWARE
This cloud based software program facilitates the development of
Major advancements are seamless use of job analysis information to populate the DSI Job Function Descriptions > Test > Job Matching and Ergonomic report. ADAAA compliance is high as there the testing is developed directly from the job description inessential function format. The DSI Job Function Matching format also facilitates reasonable accommodation information to be aligned directly with specific tasks. To learn more about DSI's Job Function Matching® system and to join our growing list of new software users, contact firstname.lastname@example.org or call us at 270.245.1000.
2014 JOB FUNCTION MATCHING CALENDAR
February 13: Training: Onsite In Industry: NY - FULL
February 21-23: Training: DSI Job Function Matching and FCA: ND - FULL
February 28 - March 2: Training: DSI Job Function Matching and FCA: VA - FULL
April 12-14: Training: DSI Job Function Matching and FCA: WI - FULL
April 25-27: Training:DSI Job Function Matching and FCA: KY - OPEN
April 28-30: 2014 Wisconsin Safety and Health Conference and Expo - DSI Instructor Nancy Bellendorf, OTR/L presenting" RTW and Disability Management : Strategies for Success"
May 16-18: Training: DSI Job Function Matching and FCA: NY - OPEN
June 20-22: Training: DSI Job Function Matching and FCA: WI - OPEN
August 8-10: Training: DSI Job Function Matching and FCA: KY - OPEN
September 19-20: DSI National Conference: Minneapolis, MN
November 5-8: PPS Annual Conference & Exhibition: Colorado Springs, CO - DSI CEO Ginnie Halling, PT and COO Curt DeWeese, PT presenting: "Expand your Practice; Assist Employers with Return to Work & Injury Prevention Strategy"