Introduction
JAN's Accommodation and
Compliance Series is designed to help employers determine effective
accommodations and comply with Title I of the Americans with Disabilities
Act (ADA). Each publication in the series addresses a specific medical
condition and provides information about the condition, ADA information,
accommodation ideas, and resources for additional information.
The Accommodation and Compliance
Series is a starting point in the accommodation process and may not
address every situation. Accommodations should be made on a case by
case basis, considering each employee's individual limitations and
accommodation needs. Employers are encouraged to contact JAN to discuss
specific situations in more detail.
For information on assistive
technology and other accommodation ideas, visit JAN's Searchable Online
Accommodation Resource (SOAR) at http://www.jan.wvu.edu/soar.
Information
about Fibromyalgia Syndrome (FMS)
How prevalent is FMS?
The exact prevalence of
FMS in the U.S. population has not been thoroughly studied, but conservative
estimates place the total between 4 and 6 million (National Fibromyalgia
Partnership, Inc., 2004).
What is FMS?
FMS is a complex, chronic
condition which causes widespread pain and fatigue as well as a variety
of other symptoms. The name "fibromyalgia" comes from "fibro"
meaning fibrous tissues (such as tendons and ligaments), "my"
meaning muscles, and "algia" meaning pain. Unlike arthritis,
FMS does not cause pain or swelling in the joints. Rather, it produces
pain in the soft tissues located around joints and in skin and organs
throughout the body (National Fibromyalgia Partnership, Inc., 2004).
What are the symptoms
and associated syndromes of FMS?
Deep muscular pain is the
most common symptom of FMS. Usually starting at the neck and shoulders
and spreading to other parts of the body over time, the pain varies
according to the time of day, weather, sleep patterns, and stress
level. People with FMS may also have fatigue, sleep disorder, irritable
bowel syndrome, chronic headaches, skin and temperature sensitivity,
cognitive impairment, depression and anxiety, and irritable bladder
(Fibromyalgia Network, n.d.).
What causes FMS?
The cause of FMS remains
elusive, but there are many triggering events thought to precipitate
its onset. A few examples would be an infection (viral or bacterial),
an automobile accident or the development of another disorder, such
as rheumatoid arthritis, lupus, or hypothyroidism. These triggering
events probably do not cause FMS, but rather, they may awaken an underlying
physiological abnormality that is already present (Fibromyalgia Network,
n.d.).
How is FMS treated?
Traditional treatments
are geared toward improving the quality of sleep and reducing pain.
Deep level (stage 4) sleep is crucial for many body functions (such
as tissue repair, antibody production, and the regulation of various
neurotransmitters, hormones and immune system chemicals). Therefore,
the sleep disorders that frequently occur in FMS patients are treated
first because they may be a strong contributing factor to the symptoms
of this condition. Medications that boost the body's level of serotonin
and norepinephrine (neurotransmitters that modulate sleep, pain, and
immune system function) are commonly prescribed in low doses. Other
medications include pain relievers and muscle relaxers. In addition
to medications, most patients will need to use other treatment methods
such as trigger point injections with lidocaine, physical therapy,
occupational therapy, acupuncture, acupressure, relaxation/biofeedback
techniques, osteopathic manipulation, chiropractic care, therapeutic
massage, or a gentle exercise program (Fibromyalgia Network, n.d.).
Fibromyalgia
and the Americans with Disabilities Act
Is fibromyalgia a disability
under the ADA?
The ADA does not contain
a list of medical conditions that constitute disabilities. Instead,
the ADA has a general definition of disability that each person must
meet (EEOC, 1992). Therefore, some people with fibromyalgia will have
a disability under the ADA and some will not.
A person has a disability
if he/she has a physical or mental impairment that substantially limits
one or more major life activities, a record of such an impairment,
or is regarded as having such an impairment (EEOC, 1992). For more
information about how to determine whether a person has a disability
under the ADA, visit http://www.jan.wvu.edu/corner/vol02iss04.htm.
Accommodating
Employees with Fibromyalgia
(Note: People with FMS
may develop some of the limitations discussed below, but seldom develop
all of them. Also, the degree of limitation will vary among individuals.
Be aware that not all people with FMS will need accommodations to
perform their jobs and many others may only need a few accommodations.
The following is only a sample of the possibilities available. Numerous
other accommodation solutions may exist.)
Questions to Consider:
1. What limitations is
the employee with the FMS experiencing?
2. How do these limitations
affect the employee and the employee's job performance?
3. What specific job
tasks are problematic as a result of these limitations?
4. What accommodations
are available to reduce or eliminate these problems? Are all possible
resources being used to determine possible accommodations?
5. Has the employee with
the FMS been consulted regarding possible accommodations?
6. Once accommodations
are in place, would it be useful to meet with the employee with
the FMS to evaluate the effectiveness of the accommodations and
to determine whether additional accommodations are needed?
7. Do supervisory personnel
and employees need training regarding FMS?
Accommodation Ideas:
Concentration Issues:
Provide written job instructions
when possible
Prioritize job assignments and provide more structure
Allow flexible work hours and allow a self-pace workload
Allow periodic rest periods to reorient
Provide memory aids, such as schedulers or organizers
Minimize distractions
Reduce job stress
Depression and Anxiety:
Reduce distractions in
work environment
Provide to-do lists and written instructions
Remind employee of important deadlines and meetings
Allow time off for counseling
Provide clear expectations of responsibilities and consequences
Provide sensitivity training to co-workers
Allow breaks to use stress management techniques
Develop strategies to deal with work problems before they arise
Allow telephone calls during work hours to doctors and others for
support
Provide information on counseling and employee assistance programs
Fatigue/Weakness:
Reduce or eliminate physical
exertion and workplace stress
Schedule periodic rest
breaks away from the workstation
Allow a flexible work
schedule and flexible use of leave time
Allow work from home
Implement ergonomic workstation
design
Fine Motor Impairment:
Implement ergonomic workstation
design
Provide alternative computer
access
Provide alternative telephone
access
Provide arm supports
Provide writing and grip
aids
Provide a page turner
and a book holder
Provide a note taker
Gross Motor Impairment:
Modify the work-site
to make it accessible
Provide parking close to the work-site
Provide an accessible
entrance
Install automatic door
openers
Provide an accessible restroom and break room
Provide an accessible
route of travel to other work areas used by the employee
Modify the workstation to make it accessible
Adjust desk height if
wheelchair or scooter is used
Make sure materials and
equipment are within reach range
Move workstation close
to other work areas, office equipment, and break rooms
Migraine Headaches:
Provide task lighting
Eliminate fluorescent lighting
Use computer monitor glare guards
Reduce noise with sound absorbent baffles/partitions, environmental
sound machines, and headsets
Provide alternate work
space to reduce visual and auditory distractions
Implement a "fragrance-free"
workplace policy
Provide air purification devices
Allow flexible work hours and work from home
Allow periodic rest breaks
Skin Sensitivity:
Avoid infectious agents
and chemicals
Provide protective clothing
Sleep Disorder:
Allow flexible work hours
and frequent breaks
Allow work from home
Temperature Sensitivity:
Modify work-site temperature
and maintain the ventilation system
Modify dress code
Use fan/air-conditioner or heater at the workstation and redirect
vents
Allow flexible scheduling
and work from home during extremely hot or cold weather
Provide an office with
separate temperature control
Situations and Solutions:
An administrative assistant
with FMS working for a utility company reported neck pain and upper
body fatigue. Her duties included typing, answering the telephone,
and taking written messages. She was accommodated with a telephone
headset to reduce neck pain and eliminate the repetitive motion of
lifting the telephone from the cradle, a portable angled writing surface
and writing aids to take written messages, a copy holder to secure
documents, and forearm supports to use when typing.
A nurse with FMS working
in a county health clinic experienced a great deal of fatigue and
pain at work. The nurse typically worked evening shifts but her doctor
recommended a schedule change so she could regulate her sleep patterns.
Accommodations suggestions included changing her shift from evening
to day, restructuring the work schedule to eliminate working two consecutive
twelve hour shifts, reducing the number of hours worked to part time,
and taking frequent rest breaks.
A guidance counselor for
a large high school experienced severe bouts of irritable bowl syndrome,
depression, and fatigue as a result of FMS. He experienced difficulty
in opening the heavy doors to the entrance of the school and had to
make frequent trips to the bathroom. The individual's employer complained
that he was spending too much of his time away from his office and
therefore was not available for students. The employer moved the employee's
office to a location closer to the faculty restroom, added an automatic
entry system to the main doors, and allowed flexible leave time so
the employee could keep appointments with his therapist.
An individual employed
as a patient rights advocate had carpal tunnel syndrome and FMS. She
had difficulty keyboarding, writing, and transporting supplies to
presentations. The employer installed speech recognition software
for word processing, provided her with writing aids, and gave her
lightweight portable carts to assist with transporting materials.
Products:
There are numerous products
that can be used to accommodate people with limitations. JAN's Searchable
Online Accommodation Resource (SOAR) at http://www.jan.wvu.edu/soar
is designed to let users explore various accommodation options. Many
product vendor lists are accessible through this system; however,
upon request JAN provides these lists and many more that are not available
on the Web site. Contact JAN directly if you have specific accommodation
situations, are looking for products, need vendor information, or
are seeking a referral.
Resources
References
Equal Employment Opportunity
Commission. (1992). A technical assistance manual on the employment
provisions (title I) of the Americans with Disabilities Act. Retrieved
April 29, 2005, from http://www.jan.wvu.edu/links/ADAtam1.html
Fibromyalgia Network. (n.d.).
Fibromyalgia basics - symptoms, treatments and research. Retrieved
June 30, 2005, from http://www.fmnetnews.com/pages/basics.html
National Fibromyalgia Partnership,
Inc. (2004). Fibromyalgia: symptoms, diagnosis, treatment & research.
Retrieved June 30, 2005, from http://www.fmpartnership.org/EngMonograph-04.htm