Wednesday, December 2, 2015

EEOC Issues Two New Publications on ADA Implications of HIV

Yesterday, the EEOC issued a press release announcing two new publications:
Not official use.
Generally - but, as Eric Meyer notes, not always - HIV will be considered a disability under the ADA.The EEOC's new publications are short and helpful, so go ahead and click through.

I'd like to highlight the EEOC's list of "common reasonable accommodations":
Common reasonable accommodations include altered break and work schedules (e.g., frequent breaks to rest or use the restroom or a change in schedule to accommodate medical appointments), changes in supervisory methods (e.g., written instructions from a supervisor who usually does not provide them), accommodations for visual impairments (e.g., magnifiers, screen reading software, and qualified readers), ergonomic office furniture, unpaid leave for treatment or recuperation, and permission to work from home. If a patient has been working successfully in a job but can no longer do so because of a disability, the ADA also may require reassignment to a vacant position that the patient can perform.
With employers, I tend to emphasize engaging in the interactive process to find out the extent of the employee's limitations and to see if there's a reasonable compromise that will allow the employee to perform his or her job duties.