Download HIV - Job Accommodation Network

Job Accommodation Network
A free service of the Office of Disability Employment Policy,
U.S. Department of Labor
Accommodation Ideas
for Employees with HIV/AIDS
Tracie D. Saab, M.S., JAN Lead Consultant
with Linda Carter Batiste, J.D., JAN Principal Consultant
Positive Practice
Presentation Overview
1. HIV and Infectious Disease Basic Facts
2. Accommodation Ideas & Positive Practices
3. Applying the ADA Amendments Act (ADAAA)
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Infectious Disease
Oh no, not
infectious
diseases!
 Causes

Bacteria, viruses, fungi or
parasites passed by
humans, animals, insects
or food
The Basic Facts
 Transmission

Direct transfer of bacteria,
viruses or germs (e.g.,
cough, sneeze, insect bite,
food, or birth)

Exchange of blood or body
fluids from sexual contact,
needle or transfusion

Indirect contact with germs
on inanimate objects (e.g.,
door knobs or faucets)
mayoclinic.com, 2009
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Infectious Disease
To Name a Few
 Influenza and H1N1 –
 Human
“Swine Flu”
Immunodeficiency Virus
(HIV)
 Methicillin-resistant
Staphylococcus Aureus
 Acquired
(MRSA)
Immunodeficiency
Syndrome (AIDS)
 Tuberculosis (TB)
 Hepatitis A, B & C
 Lyme Disease
cdc.gov, 2009
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Human Immunodeficiency Virus
HIV
 56,000 people annually
(CDC)
 A virus that slowly
weakens the body’s
immune system,
resulting in a variety of
symptoms and
limitations
 Finds and destroys white
blood cells (T cells or
CD4 cells) that the
immune system must
have to fight disease
 The virus that causes
AIDS
cdc.gov, 2009
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Say Hello to Your Neighbor
Did you know…
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Misconceptions Continue
Did you know…
 One-third (34%) of Americans
incorrectly believe or are
unsure whether HIV can be
transmitted by:

sharing a drinking glass
(27%)

touching a toilet seat
(17%)

swimming in a pool with an
HIV positive person (14%)
kff.org, 2009
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HIV
HIV is NOT transmitted through…
 Food
 Giving blood
 Air (e.g., coughing or
sneezing)
 Insect bites
 Everyday contact (e.g.,
sharing eating utensils,
bathrooms, drinking
fountains, hugging or
casual kissing)
thebody.com, 2009
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HIV
HIV IS transmitted through…
 Unprotected sexual
 Infection during
intercourse with someone pregnancy, childbirth, or
who has HIV
breast-feeding
 Unprotected oral sex with
someone who has HIV
 Sharing needles or
syringes with someone
who has HIV
cdc.gov, 2009
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HIV
Working with HIV
 What symptoms or
limitations is the
individual with HIV
experiencing?
 What accommodations
are available to reduce or
eliminate these
problematic job tasks?

 How are these
symptoms or limitations
affecting job
performance?
What are the workplace
hazards and what
measures can be taken
to correct them?
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HIV
Symptoms & Limitations
 Flu-like Symptoms
 Vision Impairment
 Skin Rashes
 Neurological Impairment
 Weight Loss
 Cognitive Impairment
 Fatigue
 Depression
 Chronic Diarrhea
 AIDS-Defining Cancers
 Pneumonia
 Side Effects of Treatment
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Why Accommodate?
Work/Life Balance
 Good health contributes
to successful business
performance
 Balance work
expectations and medical
needs
 Reduce absenteeism and
increase productivity
 Implement individualized
accommodations
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HIV & Accommodations
Modified or Flexible Scheduling
 Adjusting arrival or
departure times
 Altering when certain
functions are performed
 Providing frequent or  Exempting the worker
alternatively scheduled
from a rotating shift or
breaks with the
overtime
opportunity to make-up
the time or use unpaid
leave
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HIV & Accommodations
Flexible Leave & Modified Policies
 To attend medical
appointments or
counseling, or to
manage complications
associated with HIV
disease or treatment
 Allowing intermittent
leave as needed or
providing extended
unpaid leave
 Allowing an employee to
eat or drink at his or her
workstation to counter
 Allowing use of accrued
medication side-effects
paid leave
 Modifying a “no-fault”
leave policy
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HIV & Accommodations
Assistive Technology
 AT is any equipment or
device that will enable
performance of essential
job functions
www.jan.wvu.edu/soar
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Vision Aids
Print Access AT
Handheld Magnifier $7.95
KNFB Reading Tech. $1,995+/-
Quick Look $695
Not an endorsement of products.
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Vision Aids
Computer Access AT
ZoomText Screen Magnification
$395
Not an endorsement of products.
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HIV & Accommodations
Assistive Technology
 Ergonomic equipment to  Memory and
counter-act the effects of
organizational aids
 desk calendars and
weight loss and fatigue
 ergonomic chair or
workstation, anti-fatigue
matting, or sit-lean stool
electronic organizers
 Safety equipment
 cut-resistant work gloves to
prevent injury, or an air
filtration system to avoid
exposure to airborne
bacteria, viruses and other
contaminants
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HIV & Accommodations
Telework & Alternative Workspace
 Working from home
 Providing a workstation
full-time, several days a
or office with access to a
week, or as-needed
refrigerator to store food
and/or medication
 Providing a workstation
or office close to a
restroom and/or break
room
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HIV & Accommodations
Cognitive & Emotional Limitations
 Provide significant
levels of structure
 Provide written job
assignments
 Allow a self-paced
workload
 Reduce stress
 Allow phone calls to
emotional supports
 Approve time off for
counseling or therapy
 Minimize distractions
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HIV & Safety On the Job
Education & Precautions
 Many “at risk” occupations  Appropriate barrier
and bloodborne pathogens
precautions – personal
protective equipment – to
 Valuable for everyone to be
prevent exposure during
aware of risks and ways to
contact with blood or body
prevent exposure
fluids
 Assume that all blood and
 Eliminate the need to use
body fluids are infectious sharp objects
"universal" precautions
 Dispose of waste
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HIV & Safety On the Job
Direct Threat & the ADAAA
 Significant risk of harm to self or others



Cannot be speculative
Based on factual evidence
Must be an ongoing, current risk
 Reduce risk through accommodation
 Individualized assessment based on
objective evidence
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HIV & Accommodations
Positive Practices
 Develop and implement  Keep all medical
workplace policies and
information – including
programs on HIV/AIDS
HIV status – confidential
 Educate your workforce  Understand direct threat
about HIV
under the Americans
 Respond with “universal" with Disabilities Act
Amendments Act
precautions
(ADAAA)
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ADA Amendments Act
Key Considerations
 January 1, 2009
 Broadened the definition
of disability
 Substantially limited
standard reduced
 Ignore effects of
mitigating measures
 Consider limitations in
active state for person
with episodic condition
 Bodily functions are major
life activities
 “Regarded as” interpreted
more broadly
*JAN’s Accommodation and Compliance Series: The ADA Amendments Act of 2008
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Responding to a Request
Resources
Responding to a
Request for
Accommodation

Engage in an informal
process

Reasonable
accommodation policy

Free resources

Employer's Practical Guide to
Reasonable Accommodation
Under the ADA

Sample accommodation
request and medical inquiry
forms

Accommodation A-Z
 HIV
All resources found at www.jan.wvu.edu
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Medical Inquiries
Restrictions
 Limitations on
 Non-biased
disability-related
consideration of nonquestions and medical
medical qualifications
examinations during all
stages:



Pre-employment
Post-offer
Employment
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Medical Inquiries
Medical Inquiries of Employees
 Employer restricted
 Must be job-related and
consistent with business
necessity
 May request when:

Performance of job
functions may be impaired
by a medical condition; or

Employee may pose a
direct threat; or

After accommodation
request, when the disability
or need for accommodation
is not known or obvious
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Medical Inquiries
Medical Documentation
 Should substantiate:


Existence of an ADA
disability
Need for reasonable
accommodation
 Documentation should
include:



Nature, severity, and
duration of the employee's
impairment;
Activity or activities the
impairment limits; and
Extent to which the
impairment limits the
employee's ability to
perform the activity or
activities
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Medical Inquiries
Practical Tips for ADA Coverage
 Accommodate When
You Can
 Assume Coverage If
You Don’t Know
 Communicate With
Employees
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HIV & Infectious Disease
Resources
 JAN at www.jan.wvu.edu
 Centers for Disease Control and Prevention
(CDC) at www.cdc.gov
 Centers for Disease Control (CDC) and
Prevention, Business Responds to AIDS/Labor
Responds to AIDS (BRTA/LRTA) at www.brtalrta.org
 The Body at www.thebody.com
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“At work, it’s what people can do that matters.”
Learn more by visiting:
www.whatcanyoudocampaign.org
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How to Contact JAN
(800) 526-7234 (V)
(877) 781-9403 (TTY)
www.jan.wvu.edu
[email protected]
Please call, e-mail or visit JAN on the Web!
JAN improves the workplace one
successful accommodation at a time.
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