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EL Today Masthead
 October 20, 2009

IN THIS ISSUE:

 

1. Feature Story: Accommodating Employees With ADHD


2. Cathie's Corner: A Little Healthy Competition


3. Anonymous Complaints: Disregard Or Dig Deep?

4. Free Report: Compliance With The New HIPAA Data Breach Notification Rules

5. HR Soapbox: What's In A Job Title? More Than You'd Think!

AHI's We Couldn't Make This Up 

For the executive who can't afford to get sick this flu season, Haruyama Trading, a Japanese menswear company, has invented the anti-H1N1 suit.  The suit allegedly protects wearers from contracting the H1N1 virus thanks to a coating of titanium dioxide, which supposedly kills the virus upon contact.  According to the company, the suit, which comes in four colors and styles and retails for about $590, is proven to kill 40% of the H1N1 virus in about three hours and retains its protective capability even after being washed.

On September 23, 2009, Equal Employment Opportunity Commission (EEOC) released new proposed Americans with Disabilities Act (ADA) regulations that were mandated by the ADA Amendments Act of 2009 (ADAAA). The ADAAA significantly lowered the threshold for qualifying for protection under the ADA. 

 

Join us for a live web conference that will clarify the numerous examples that the EEOC included in the regulations and will cover what you need to do now to stay in compliance with the ADA.  

How The New ADAAA Regulations
Affect Employer Compliance With The ADA


Live Web Conference

Coming Tuesday, October 27, 2009
1:00 PM - 2:00 PM Eastern

Charles P. Stevens, Esq.

Register today

Reduce your organization's legal liability by joining us for clarification of the key points of these regulatory changes, including:

  • What changes were made for determining whether a condition "substantially limits" a person's ability to perform a major life activity

  • How the definition of the major life activity of "working" has been redefined and substantially expanded, which will necessitate that employers discuss possible accommodations more frequently than under the old rules

  • Which impairments always qualify as a disability, as compared to which impairments may be disabling for some individuals but not others

  • How the definition of "regarded as disabled" has been changed in such a way to make it easier to claim disability discrimination

Visit our website to register or to learn more. Or call toll-free 800-879-2441 and mention conference code G15937.

1. FEATURE STORY:
ACCOMMODATING EMPLOYEES WITH ADHD

 

Many people assume attention deficit hyperactivity disorder (ADHD) affects children and teens only.  But according to the National Institute on Neurological Disorders and Stroke, many individuals with ADHD are undiagnosed until adulthood.  The National Institute of Mental Health (NIMH) estimates that ADHD affects 4.1% of adults, ages 18-44, in a given year. 

 

If an employee or applicant discloses that they have ADHD, it's important that you are aware of your legal obligations under the Americans with Disabilities Act (ADA), so you know where to take the discussion from there.

 

ADHD And The ADAAA

While ADHD is not specifically named as a covered impairment under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) or the Equal Employment Opportunity Commission's (EEOC) proposed regulations on the ADAAA, many persons diagnosed with ADHD could easily make a case for being covered under the ADA, as individuals experiencing a substantial limitation in performing a major life activity such as thinking, concentrating, learning, or interacting with others.

 

In any case, it's important to remember that the ADAAA urges employers to shift their focus away from determining whether or not the employee has a protected disability, and towards engaging in the interactive and accommodation processes.  So rather than fretting about whether or not an employee's ADHD is a covered disability, instead work with the employee to determine whether or not a reasonable accommodation is necessary for the employee to perform his/her essential job functions.

 

Reasonable Accomodation Ideas

Too often, when employers hear the term "reasonable accommodation," they worry about how costly such accommodations are going to be.  However, providing reasonable accommodations to ADHD employees need not be expensive at all; oftentimes, some special attention from the employee's manager or supervisor is all that's needed. 

 

Here are some reasonable ADHD accommodation ideas from the Job Accommodation Network, a service of the U.S. Department of Labor's Office of Disability Employment Policy.

 

To accommodate an employee with ADHD who has time management difficulties:

  • Provide a checklist of assignments.

  • Divide large assignments into several small tasks.

  • Set a timer to go off after ample time has passed to complete a simple task.

  • Supply an electronic organizer and train them on how to use it effectively.

  • Use a wall calendar with color-coded entries.

To accommodate memory and concentration difficulties:

  • Provide written instructions.

  • Use Post-it ® notes as reminders of due dates or tasks.

  • Relocate their workspace away from auditory and/or visual distractions.

  • Allow the use of a white noise machine or noise-canceling headset.

  • Reduce clutter in their work environment.

To accommodate organization and prioritization difficulties:

  • Develop color-coded systems for files, projects, or activities.

  • Use a chart to identify daily work activities.

  • Prioritize tasks for them.

  • Wait until one project is complete before assigning the next.

To accommodate difficulties interacting with others:

  • Use role-play scenarios or training videos to demonstrate appropriate workplace behavior.

  • Allow the employee to work from home.

  • Make attendance at social events optional.

To accommodate hyperactivity and impulse control difficulties:

  • Schedule regular breaks to provide an outlet for physical activity.

  • Provide a private workspace where the employee will not disturb others with their fidgeting, humming, or tapping.

  • Utilize a job coach to teach/reinforce techniques to control impulsivity.

These are only a sample of the numerous accommodation possibilities that may exist.  It's important that you work with the employee one-on-one to determine what's appropriate for him or her.  Also, keep in mind that not all people with ADHD need accommodations from their employer to successfully perform their jobs.

2. CATHIE'S CORNER: A LITTLE HEALTHY COMPETITION


A little while ago, I found myself participating in a weight loss contest.  Everyone threw $10 into the pot, and for an eight-week period, we each weighed in weekly.  Only the person who held the money knew what everyone's weights were, and she published percentages only.  At the end of the eight weeks, the winner took 65% of the pot (and a subscription to Cooking Light magazine), and the second place winner took the balance of the pot.  Everyone had fun and we all got healthier....Continue the story. 

3. ANONYMOUS COMPLAINTS: DISREGARD OR DIG DEEP?  

 

What would you do if you received an anonymous complaint about an employee who's supposedly engaged in wrongdoing? Do you ignore it, or do you investigate? The answer probably lies somewhere in the middle, depending on...Continue the story.

4. FREE REPORT: COMPLIANCE WITH THE NEW HIPAA DATA BREACH NOTIFICATION RULES  
 

Check out the Free Report, "Compliance With The New HIPAA Data Breach Notification Rules," which provides a detailed analysis of the steps covered entities and business associates must take following a breach of unsecured personal health information, as per interim final regulations issued by the Department of Health and Human Services.  Learn how to determine whether an actionable breach has occurred under the Health Insurance Portability and Accountability Act (HIPAA), when notices must be delivered and to whom, what content notices must include, and what administrative actions are required.  

5. HR SOAPBOX: WHAT'S IN A JOB TITLE? MORE THAN YOU'D THINK!

 

"A rose by any other name would smell as sweet," argued Shakespeare in Romeo and Juliet. True, but would that rose get hired if it marketed itself as "Generic Flowering Plant"?  I think not!  It's natural for employees to want their job title to reflect their individuality...Continue the story.

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