JAN E-News is the quarterly newsletter of the Job Accommodation Network. JAN is a service of the U.S. Department of Labor's Office of Disability Employment Policy. This newsletter will help keep you informed of new work site accommodation tools and techniques, changes at JAN, and other issues important to improving employment opportunities for people with disabilities.

Disclaimer: This document does not represent a statement of policy by the U.S. Department of Labor.

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Index

1. Baby Boomers May Need Accommodations
2. Accommodating Migraine Headaches Can Increase Productivity
3. Understanding the ADA and Substance Abuse in the Workplace
4. JAN Exhibit and Training Schedule
5. Contact JAN

1 - Baby Boomers May Need Accommodations

As baby boomers continue to age, the percentage of people over 65 continues to increase. The Administration on Aging estimates that by 2030, there will be about 71.5 million people 65 years or older living in the United States, representing about 20% of the U.S. population (U.S. Administration on Aging, 2005).

With an increase in the number of older people in the population, the workforce will include a corresponding increase in the percentage of older people. Recent studies show that in the year 2000, about 20% of people age 65-74 were working and that rate is projected to increase to over 23% by 2012 (Toossi, 2004).

In addition, labor force growth is expected to fall from 1.1 percent per year in the 1990s to 0.36 percent per year in the period 2010 to 2020 (Penner et al., 2003). This means that the demand for older workers will increase as healthcare improves and longevity increases.

Older people continue to work for a variety of reasons. Some work purely for financial reasons, but others work because they reap benefits from working. For older people, the benefits of working include feelings of remaining productive, valued, independent, and socially engaged.

Employers hire older workers for the range of benefits they bring to the workplace. These include:

• Willingness to work different schedules,
• Serving as mentors for workers with less experience,
• Having invaluable experience,
• Being more reliable,
• Having higher retention rates,
• Having more knowledge and skills, and
• Being more productive (SHRM Survey Program, 2003).

Though many older workers may not need any accommodation, employers can expect an increasing number of employees with age-related limitations in need of accommodation. Limitations may be from aging, returning to work after an injury, the occurrence of a primary disability, the exacerbation of a long-term impairment, and/or prevention of a secondary impairment. Older workers may need accommodations related to independent living needs, the psychological aspects of aging, and job performance. These accommodations can be made at little or no cost to the employer.

Employing an aging workforce brings invaluable knowledge, diversity, reliability, and experience to a workplace. By making low cost accommodations, employers can help ensure that older workers remain a productive part of our workforce. The Job Accommodation Network (JAN) provides information on accommodations that may be useful for aging workers and their employers. For information, visit:

http://www.jan.wvu.edu/corner/vol03iss03.htm

http://www.jan.wvu.edu/media/employmentagefact.doc

SHRM Survey Program. (2003). 2003 SHRM/NOWCC/CED Older workers survey. Alexandria, Virginia: SHRM Research.

U.S. Administration on Aging. (2005). Statistics on the aging population. Retrieved September 28, 2005, from http://www.aoa.gov

Toossi, M. (2004, June). Employment outlook: 2002-2012, Labor force projections to 2012: the graying of the U.S. workforce [Electronic version]. Monthly Labor Review. Retrieved August 6, 2004, from http://www.bls.gov/opub/mlr/2004/02/art3full.pdf

Penner, R.G., Prerun, P., & Steuerle, E. (2003). Letting older workers work. Urban Institute. Retrieved September 28, 2005, from http://www.urban.org/UploadedPDF/310861_retirement_no16.pdf

- Beth Loy

2 - Accommodating Migraine Headaches Can Increase Productivity

According to the Chicago National Headache Foundation, 28 million Americas are impaired by migraine headaches. Individuals with migraine headaches are so incapacitated by the symptoms that about 157 million workdays are lost each year (Fackelman, 2005). Because of the high number of workers who must manage migraine headaches, it is important to consider accommodations so that these individuals can remain productive employees.

There are many different types of migraine headaches with various symptoms. The two most frequently diagnosed are classic and common. Classic migraines include a neurological symptom called an aura, which is characterized by flashing lights or temporary loss of vision 10 to 30 minutes before the headache occurs. Classic migraines can involve a concentrated, throbbing pain in the forehead, temple, ear, jaw, or around the eye. They often start at one side of the head and spread to the other side. Common migraines are similar to classic, except they are not preceded by an aura.

Migraines are often a result of controllable and uncontrollable triggers. Examples of controllable triggers include lighting, smells, smoke, noise, and certain foods. Examples of uncontrollable triggers are weather, air pressure, and menstrual cycles. Often, when addressing accommodations it is important to talk with the employee about the triggers associated with the onset of the headache.

Accommodations must be addressed on a case-by-case basis because migraine headaches are triggered and then affect individuals very differently. One example is accommodations for an individual whose migraine is triggered by lighting. This may be a work-site modification as simple as adjusting the type of light. To do this an employer may install fluorescent light filters, change lighting to natural bulbs, or move the employee to a private area where the lighting can be individually adjusted. Other accommodations may be providing a flicker free filter for the employee’s computer monitor or providing a LCD monitor that has a better refresh rate.

A second example is accommodation for an individual whose migraine is triggered by noise. Accommodation ideas associated with noise triggers include providing a white noise machine, environmental sound machine, or moving the employee to a more private area.

A third example is accommodation for an individual whose migraine is triggered by fragrances. Accommodation ideas may include: implementing a fragrance-free policy, asking employees to voluntarily refrain from wearing fragrances, or moving the employee to a different location where the fragrances are not as strong. Air purification systems may reduce certain smells in the workplace. Flexible leave, telework, and a flexible work schedule could also be effective for both controllable and uncontrollable triggers.

For additional information on migraines, go to http://www.jan.wvu.edu/soar/other/migraine.html

Reference:

Fackelmann, K. (May 11, 2005). Help for migraines has arrived: Diagnosis is the first step toward relief. USA Today. Retrieved August 21, 2005, from EBSCOhost database.

- Sarah Dufalla

3 - Understanding the ADA and Substance Abuse in the Workplace

JAN recently completed a training video called ADA and Substance Abuse in the Workplace. This free video is a starting point for understanding when the ADA applies to employees with substance abuse.

The following is an example of the information contained in the video:

In workplaces with fifteen or more employees, Title I of the ADA protects the rights of employees with disabilities and entitles them to reasonable accommodations. One question the Job Accommodation Network (JAN) frequently receives is: Does Title I apply to employees with substance abuse problems?” The answer is: “It depends.”

First, it depends on whether the employee meets the ADA definition of disability. To have a disability under the ADA, an employee must have an impairment that substantially limits one or more major life activities. Alcoholism and drug addiction are impairments, but alcohol and drug abuse without addiction are not impairments. Therefore, some employees with substance abuse problems will be covered by the ADA and some will not.

For more information about how to determine whether an employee has a disability under the ADA, visit http://www.jan.wvu.edu/corner/vol02iss04.htm.

Second, it depends on whether the employee is currently using alcohol or drugs. An employee who is currently using illegal drugs, even when addicted to the drugs, is not protected by the ADA.

On the other hand, an employee who is currently using alcohol is not automatically denied ADA protection simply because of the alcohol use. If the employee has alcoholism, he may be entitled to an accommodation, even if he is currently using alcohol, as long as he is qualified to perform the essential functions of his job. For example, an employer may have to consider a schedule modification for an employee with alcoholism who wants to get treatment so he can stop drinking.

However, if the employee’s use of alcohol adversely affects job performance or conduct to the extent that he is not "qualified,” the employer may discipline or discharge him according to company policy. For example, if the employee cannot comply with the company’s attendance policy because he is staying out late drinking, the employer can take the same disciplinary action it does against other employees for the same conduct, without considering accommodations.

For more information regarding substance abuse in the workplace, visit:

JAN’s Accommodation and Compliance Series: Employees with Alcoholism at http://www.jan.wvu.edu/media/alcohol.html.

JAN’s Accommodation and Compliance Series: Employees with Drug Addiction at http://www.jan.wvu.edu/media/drugadd.html.

EEOC Guidance on Drug and Alcohol Abuse and the ADA at http://www.jan.wvu.edu/links/ADAtam1.html#VIII.

- Linda Batiste

4 - JAN Exhibit and Training Schedule

October 24-26, 2005. SHRM Diversity Conference. Las Vegas, NV.
http://www.shrm.org/conferences/diversity/ Stop by and talk with JAN consultants at the JAN booth in the exhibit hall.

November 1-3, 2005. National USBLN Annual Conference. Pittsburgh, PA. Stop by and talk with JAN consultants at the JAN booth in the exhibit hall.

November 15-17, 2005. National Workers' Compensation and Disability Conference. Chicago, IL.
http://www.wcconference.com/ Mandy Gamble and Donielle Harsh presenting "Facilitating Early Return to Work through Accommodation" and stop by the JAN Booth in the exhibit hall.

November 17, 2005. Assistive Technology: Improving Lives Daily. Warwick, RI.
http://www.techaccess-ri.org/ Greg Wimer presenting "Integrating Ergonomics into Disability Management" and "Building Your Accommodation Toolbox."

December 7-9, 2005. Perspectives on Employment of People with Disabilities in the Federal Sector. Bethesda, MD. http://www.grad.usda.gov/perspectives JAN staff will be at the exhibit booth and presenting.

March 20-25, 2006. C-SUN Annual International Technology and Persons with Disabilities Conference. Los Angeles, CA. http://www.csun.edu/cod/conf/ Stop by and talk with JAN consultants at the JAN booth in the exhibit hall.

June 25-28, 2006. SHRM Annual Conference & Exposition . Washington, DC.
http://www.shrm.org/conferences/annual. Stop by and talk with JAN consultants at the JAN booth in the exhibit hall.

September 18-19. 2006 JAN Conference. Boston, MA. Watch the JAN Web site for details.

5 - Contact JAN

E-mail: jan@jan.wvu.edu

JAN Web site: http://www.jan.wvu.edu

Call JAN: 800-526-7234 (Voice), 877-781-9403 (TTY), 304-293-5407 (Fax)

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This document was developed by the Job Accommodation Network, funded by a contract agreement from the U.S. Department of Labor, Office of Disability Employment Policy (#J-9-M-2-0022). The opinions expressed herein do not necessarily reflect the position or policy of the U.S. Department of Labor. Nor does mention of tradenames, commercial products, or organizations imply endorsement by the U.S. Department of Labor.