SRAlab
Presentation to the Disability:IN Chicagoland and SRAlab Employer Networks
Thursday, August 6, 2020
10:40 a.m. Central Time
Remote CART Captioning

>> LAURA WILHELM: Good morning, everyone.  Thank you for joining us today.  We know you have a lot of asks of your time, especially these days, so we appreciate you sharing with us.  I'm Laura Wilhelm, I'm the executive director of Disability:IN Chicagoland.  We're thrilled to be partnering with the Shirley Ryan AbilityLab to share with you a really important discussion with really a national expert, Lou Orslene from ODEP at the Department of Labor.  And things changed so quickly in March with the onset of the COVID‑19 pandemic.  And I think initially so many organizations were very focused on what do we do quickly to ensure that we keep moving.  Now that we're several months in, a lot of companies are trying this think about where do we go next, and how do we think what is the right transition to move people back to work, whatever that means, whether it's in a physical office or not.  We're thrilled to be able to offer this discussion today.  And we are really pleased that you joined us.  So, Angelika, if you'd move to the next slide.  I just want to go over a few logistics before we dig in.  First of all, we've muted your lines as you entered.  Just so you know, your lines are muted.  If you have a question, we are going to leave some time at the end of the presentation for some Q&A.  If you have questions, please type them into the chat window.  And if you can't see the chat window, there should be a menu on the bottom of your screen and there should be a little bubble that says "chat" under that.  If you click on that, then you can type questions and answers into there.  You can either send them to everyone or send them to me, Laura Wilhelm.  I'll look for questions and then share them with Lou closer to the end of the end of the hour.  I also want to let you know that we are captioning this presentation.  If you don't see the captions on your screen at the moment, if you look to that same toolbar at the bottom of your screen, you'll either see a button that says "CC" for closed captioning, or you'll say a button that says "more" with three dots above it.  If you click on either of those buttons, you should see an option that says "show subtitles."  And then if you click on that, then the captioning should appear on the bottom of your screen.  Finally, I just wanted to let you all know that we will be sharing the slides and we are recording this webinar.  So, I know sometimes people have to come and go.  And there's going to be so much good information shared here that we will share that with you as a follow‑up to today's presentation.  So, if you want to move to the next slide.  I am going to introduce Deborah Crown, who is the Project Manager at the Center for Rehabilitation Outcomes Research at the Shirley Ryan AbilityLab.  She is going to talk a little bit more about the program at Shirley Ryan AbilityLab.  I did, although I noticed I jumped over quickly.  Would you go back to the last slide, Angelika.  I'm sorry about that. 
I want to give a couple points about Disability:IN Chicagoland.  We're an affiliate of Disability:IN, which is a national organization.  We're really the only local resource in the Chicago area, and we're all about supporting businesses.  And we do that through things like today's webinar.  We want to provide engagement.  We want to provide opportunities for connections among those internal disability inclusion champions within large organizations.
And we want to be able to connect you to resources to make it easier for you to build a culture of inclusion within your organization.  So, we're doing this presentation today.  I also will just give a quick plug.  We're planning, typically we do an in‑person event every October.
And this year we're going to move it virtually.  So, look for some more information from me on a virtual event series coming in October.  So, now if you'd move to the next slide, please, I am going to turn it over to Deborah to share some information about the Rehabilitation Research and Training Center.  Deborah?

>> DEBORAH CROWN: Thank you, Laura.  So the Rehabilitation Research and Training Center for Persons with Physical Disabilities is funded by the National Institute on Disability, Independent, Living, and Rehabilitation Research.  We are in our second year of a three‑year project, which addresses issues with chronic unemployment and underemployment for people with disabilities.  The center also includes robust training and dissemination activities, which includes a sponsorship of speakers such as Mr. Orslene.  There are four research projects.  The purpose of the research is to create best practices to help people with physical disabilities to maintain employment, which hopefully helps enhance self‑sufficiency and improves quality of life.  I've provided the link to our website.  If you would like to learn more about the center, please check out the website.  There's a nice link of employment resources at our website and some videos of previous training sessions we've provided.  I also wanted to recognize our principle investigator for the RRTC, Dr. Allen Heinemann.  He's in attendance today. 
Also, I wanted to recognize Dr. Linda Ehrlich‑Jones, who oversees the knowledge, and training dissemination activities for the center, which includes the webinar today.  And then next slide, please. 

I wanted to highlight the collaborators for the RRTC, which includes the Shirley Ryan AbilityLab, but also Northwestern University, the University of Washington Department of Medicine, the Northwest ADA Center, the University of Illinois at Chicago, and the Great Lakes ADA Center.  And now I would like to introduce our collaborator and the director of the Great Lakes ADA Center, Robin Jones. 

>> ROBIN JONES: Great, thank you very much for the invitation and for the opportunity to be here today.  My pleasure to be able to introduce our presenter today.  Can you go to the next slide?  Thank you so much.  And we are pleased to be able to have with us, and the advantage of being in the virtual world is we can bring people from other places even when we don't have travel opportunities right now.  It is Louis Orslene.  He is currently the director for the Employer Policy Team at the U.S. Department of Labor.  This particular team, the employer team examines the policies issues and barriers facing employers as they seek to recruit, hire, retain, and advance individuals with disabilities in the workplace.  Prior to coming to ODEP, Lou has had some other positions. 
I've known Lou for a long time.  I don't even know how many years.  He previously supported the Department of Defense department of diversity, equity, and inclusion.  And he also previously served as the executive director of the Jobs Accommodation Network, or JAN.  And you can read his full bio that was provided as part of the promotional materials for today.  But in order to move uses along, at this point, I'm going to go ahead and turn over the microphone to you, Lou.

>> LOUIS ORSLENE: Okay, great.  Thanks very much, Robin.  And also very appreciative to the Shirley Ryan AbilityLab and all the great partners who really provided this opportunity for me to speak with you today. 
As Robin said, I'm Lou Orslene, from ODEP.  It's a non‑regulatory agency that partners with employers and all levels of government to promote disability‑inclusive policies and practices.  And it's important to note as always that we do not provide legal advice.  In terms of what I hope to impart you with in the next 40 minutes, as we're in the 30th anniversary of the ADA, I really want to first remind us of the four pillars of the Americans with Disabilities Act. 
And I want to ask all of you to recommit to these original tenants of the landmark legislation that really so significantly impacted all of our lives as well as the lives of the people that we serve.  I hope, too, to convey an understanding of the analysis needed to successfully navigate the accommodation process during COVID‑19.  I know that many of us are challenged with this difference in terms of looking at the accommodation process and looking at teleworking specifically when it has to do with people with disabilities.  And finally, I've prepared several slides of resources at the end of the presentation to support your decision making in these challenging times.  So, clearly, 2020 is going to be remembered for a lot of things.  Not all of them are welcomed.  But on the positive side, this year is the 30th anniversary of the ADA.  So throughout 2020, we at DOL are observing the anniversary through a variety of activities all centered around the theme of increasing access and opportunity.  And you'll see many of these activities of course later in the year during National Disability Employment Awareness Month.  As a reminder, the ADA was signed into law July 26th, 1990 by the late President George H.W. Bush.  It's landmark legislation that works to increase the employment of people with disabilities.  It has five sections all called titles that relate to different areas of our lives.  We at the Department of Labor are committed to delivering the promise of the ADA, not only for today's workers with disabilities, but also future generations.  So, we're really pleased to recognize its 30th anniversary.  Can we go to the next slide, please?  I think in the year of the 30th anniversary of the ADA, it's important to really take one minute and revisit the four pillars of the ADA.  The work that so many of us have been doing and continue to do is really supported by these four pillars.  They include full participation in all aspects of community life.  Equal employment to enjoy access to public and private spaces.  Independent living and the inclusion of choice in deciding where one wants to live, economic self‑sufficiency and full inclusion into our workplace.  Each of these pillars signifies significant struggles and applications over the past 30 years.  And the one we continue to struggle with and the reason why we're here today is economic self‑sufficiency and employment.  Now let's talk about the Title I of the ADA.  The next slide, please.  So, again, reminding us that the purpose of a law is to make sure that people with disabilities have the same rights and opportunities as everyone else in our workplace.  Title I of the ADA addresses employment, while ODEP doesn't enforce the ADA, every year we provide technical assistance to tens of thousands of individuals and employers on the law's employment provisions.  And more importantly, the spirit of the law infuses the work of our entire department as we work each day to ensure all Americans can prepare for and succeed in employment.  The ADA forbids discrimination when it comes to any aspect of employment.  That includes hiring, firing, pay, job assignments, promotions, layoffs, fringe benefits, and any other termination of employment.  The ADA requires employers to provide accommodations unless it would cause undue hardship.  It's important for us to understand workplace disability discrimination and what the ADA covers.  Disability discrimination occurs when an employer or another entity covered, for instance the union, treats a qualified individual with a disability who is an employee or applicant unfavorably because he or she has a disability.  So, disability discrimination also occurs when a covered employee or entity treats an applicant or employee less favorable because she has a history of disability.  For instance, a past depressive episode.  Or he or she is believed to have an actual or perceived impairment.  This is called the regarded as clause.  These are the three prongs of the ADA.  The law also protects people from discrimination based on the relationship with the person, even if they themselves do not have a disability.  For example, it's illegal to discriminate against an employee because her husband has a disability.  The next slide, please.  So the ADA is relevant to the COVID pandemic in at least three major ways.  First of all, it regulates covered employers permissible disability‑related inquiries for all applicants and employees.  It also prohibits employers from excluding individuals with disabilities from the workplace for health and safety reasons unless they pose a direct threat.  Reminding you of course this is a significant risk of substantial harm.  And that's what actually the definition of direct threat.  And one has to be a direct threat to themselves or others.  It also requires reasonable accommodations for individuals with disabilities absent undue hardship.  If we could go to the next slide, please.  Now, with respect to medical inquiries and medical exams administered to employees, practices that take into consideration the impact of COVID‑19 and are consistent with the ADA include adopting COVID‑19 screening protocols that are implemented consistent with advice from the CDC and from public health officials for a particular type of workplace.  And these may include medical inquiries and medical exams for all employees, and I stress all employees, before they enter the workplace to determine if they have the virus.  So, this would help us in determining whether that person poses a direct threat to themselves or others.  Or, at a higher risk of developing complications from the virus.  Again, this is perhaps the direct threat to themselves.  And also requiring information about all employees who are returning to the workplace after visiting a specific location, whether for business or personal reasons.  So, asking employees, including employees who are absent from work or call in sick, if they're experiencing symptoms of COVID‑19, such as fever, chills, cough, shortness of breath, sore threat, or loss of smell or taste.  If these symptoms have been identified through the CDC and other public officials.  So, it's totally appropriate in these circumstances and consistent with the ADA to then ask people for more information about that illness.  Next slide, please.  Other practices that take into consideration the impact of COVID‑19 and again are consistent with the ADA include measuring all employees' bodily temperature.  And it's important to note that some people with COVID‑19 do not have a fever.  Administering valid and reliable COVID‑19 tests to employees before they reenter the workplace to determine if they have the virus.  And not using antibody test to make decisions about allowing persons to return to the workplace.  Because we know that this has not yet been perfected and there are too many tests that are really not valid.  If we could go to the next slide, please.  Now, with respect to maintaining the confidentiality of inquiries and medical documentation obtained.  Practices that are consistent with the ADA are maintaining all information about an employee's illness related to COVID‑19 as a confidential medical record.  This includes results of daily temperature checks.  It also includes an employee's statement that he or she has the disease or suspects that he or she has the disease.  And employer notes from questioning an employee about symptoms.  Storing all medical information separate from the employee's record, thus limiting confidential information.  This really isn't new.  All accommodation information always needed to be stored separately from the personnel file.  But it does mean that at times disclosing the name of the employee to a public health agency when it learns the employee has COVID‑19 more than likely is covered.  And what really one needs to think about that is it's on an as‑need‑to‑know basis.  And of course if they request that information for tracing and other strategies then you will need to provide that.  Next slide, please? 

So, at times, COVID‑19 creates challenges for people with disabilities in getting the medical information they need to substantiate their disability.  We've heard that numerous times from numerous people, setting up doctor's appointments in this time are all creating real challenges for people.  It's important to  remind all employers that there is no requirement to get medical documentation.  If you are confident that that person, the information they provided is enough to move forward, then please do move forward.  Perhaps your process has a requirement to get medical documentation.  But there isn't any in the law or regulations.  But if your process requires it, then consider using a temporary accommodation while you're awaiting delayed medical information.  You can acknowledge this accommodation is temporary, but it's not the final word on this.  And as things change with a pandemic, that this may change, as well.  But the point is here to always show good faith in these circumstances.  If we could move to the next slide, please.  So, if there's some agency in providing an accommodation, like my experience in the Pentagon whenever someone was diagnosed with COVID‑19 and immediately everyone was dispersed and sent home, you may have requests from people with disabilities that are now teleworking. 
And perhaps under the prior circumstances there was no need for accommodation, or they didn't have to ask for an accommodation.  But now, at home, using various communication technologies and perhaps I have a hearing impairment or perhaps I'm deaf, that changes the situation significantly.  So, if there's some urgency.  You know, I'm sent home immediately, but yet need to ensure I meet the essential functions of my job, then the employer may forego or really shorten the exchange of information, which is what we call under the law and regulations the interactive accommodation process.  Or the interactive process.  And may do an interim accommodation with an end date, and may extend it with medical documentation.  Employers should reconsider requests if government restrictions are extended or new restrictions are adopted.  So, if we could go to the next slide, please.  So, in fulfilling their obligation to provide reasonable accommodations for their employees, employers may want to adopt the following practices that take into consideration COVID‑19, consistent with the ADA.  We may want to offer protection to an individual whose disability puts the individual at greater risk for COVID‑19.  And who requests such action to eliminate possible exposure.  We may want to discuss with an employee whether the same, whether this is the same disability that they've been accommodated for previously, or this is a different disability is the basis for the new request.  And then we'll know, you know, as we go through the interactive process, then, of course, we know this is a different situation.  We need to ask a different set of questions.  And base the accommodation solutions on the analysis and the additional information that we receive.  So, it's real important not to just assume that just because someone asked for an accommodation in the past based on a specific medical condition or chronic health condition that that's indeed what they're speaking about this time.  It may be that the new situation, the move, the stress of COVID‑19 we're now talking about an additional say for instance mental health condition that that person is experiencing.  So, we need to go through the analysis and the interactive process with that perspective.  Now, for the most part, the interactive process looks the same as it does during ordinary times.  Right?  We'll still recognize the accommodation request, we will gather information, and we’ll explore these various accommodation solutions.  Then, of course, the employer, supported by the medical professional chooses that accommodation.  Then of course we implement and then monitor accommodations.  And the best way to monitor an accommodation, whether it's working effectively is  the person able to do their job.  If there's urgency in the accommodation, as we said before, the employer can honor a request on an interim or trial basis.  If you go online to the Job Accommodation Network, there is a form on a trial basis.  If you're unsure if an accommodation will or will not work, employers have always felt comfortable with doing an accommodation on a trial basis so they're not locked in and so that there is the, everyone is aware that we're trying this out to see if it would work.  So, that would be a form that one would use now.  A perfect time, actually.  If you're providing a request and accommodation during COVID‑19 on an interim basis.  And on that form, you'll also indicate the end date and indicate, too, you're awaiting more information on what may or may not work.  But the EEOC website dedicated to coronavirus.  It's www.eeoc.gov/coronavirus.  It says the following.  Employers may wish to adapt the interactive process devise end dates for the accommodation to changing circumstances based on public health directives.  So, if I haven't been clear here, you know, this really does grant the employers this right to provide an interim or trial basis accommodation, which really means then that the employee is not entitled to that accommodation after the pandemic ends or after the pandemic significantly subsides.  So, you know, it's just the fear of a lot of employers that, you know, I've granted telework through this period, but it's not sustainable and that's really not my preference in the way that our office works in the future.  So, just know then you can offer telework during this period as a trial basis interim accommodation and that you can renegotiate that once the pandemic ends.  If we could go to the next slide, please.  In order to prevent the transmission of COVID‑19, practices that take into consideration the transmission of the virus, and are consistent with the ADA, employers requiring employees to wear protective gear, for example masks and gloves.  I'll hit on the mask issue just a little bit harder later on in the presentation.  Observe infection control practices.  Such as social distancing, regular hand washing, coughing and sneezing etiquette, proper tissue use and disposal and other measures in the workplace.  We may also expect employees to leave the workplace if they become ill with symptoms of COVID‑19.  Also expect them to stay at home if they have these symptoms.  And employers may also require employees returning to the workplace to provide a doctor's note certifying fitness for duty and alternatively may rely on new approaches such as reliance on local clinics to provide a form or really just an e‑mail certifying that the individual does not have the virus when they have been tested.  So, again, this may be a challenge getting this medical information.  But again, being flexible and creative as you've all been.  Right?  If you provide accommodations, you know it's all based on flexibility and creativity.  So, you may have to be a little creative in getting that information from the medical professionals.  If we could go to the next slide, please.  All right.  For jobs performed at the workplace, the following are just a few examples of reasonable accommodations that we've seen employers offering and employees accepting.  So, again these reasonable accommodations are included for those who request protection due to preexisting disabilities that really pose a higher risk from COVID‑19. 
And again, as a reminder, I think I said it earlier, but the CDC does have such a list if you want to rely on that list.  But let's just go over some of the related accommodations. 
So, one is designating one‑way aisles, using Plexiglas, or other barriers to separate people.  We want to look at modified protective gear for jobs requiring such gear.  For jobs requiring employees to wear protective gear.  If an employee asks for an accommodation due to a need for modified gear, discuss the request, and provide the modification or alternative means if feasible.  And this may mean that you want to look at non‑latex gloves instead of latex gloves.  Say, for instance, in a healthcare environment.  You may want to look at modified face masks for interpreters.  So, there's a number of companies right now, although I've heard that there is no supply currently, but, you know, there are probably four or five vendors these days that are providing the clear masks for people who either ask their colleagues to wear them because perhaps they are lip readers.  Or if they are using an interpreter, that's where these modified clear face masks may come into account.  Or perhaps gowns designed for individuals who use wheelchairs.  We may look at temporary job structuring.  So, you know, this may be a time when we really look at renegotiating away those marginal tasks.
And the person just performing at home teleworking the essential jobs of their task.  Or if you really want, if this is really talents that you've invested in, you may want to consider modifying the essential functions.  You have the right to do any of that.  While you don't need to do it under the ADA and the law, it certainly shows good faith during this very challenging time.  You may also want to consider temporary transfers to a different position or a different location.  Telework, as I've been talking about.  You want to make sure that there's effective communication access.  So, for all employees with disabilities, that put them at high risk of complications for COVID‑19, you want to offer telework as a reasonable accommodation really to reduce the chance of infection.  And as I said before, you want to eliminate those marginal functions.  So, this is really a good time to look at job restructuring.  Really, they serve you in the long run.  So, there are a number of, there's a lot of research out there at stay‑at‑work, and return‑to‑work, as well as around Project Search, one of the really successful global models that's really now throughout the world, as I said, it's global, that has to do with restructuring.  You might find after the pandemic that this has really served your organization and you can look at restructuring units and departments to be more effective at what they do.  Going to the next slide, please.  Great.  The ADA provides covered employees from excluding individuals with disabilities from the workplace for health and safety reasons unless they pose a direct threat.  Employers have always been required to base such decisions on fact and not speculation.  So, of course you need objective evidence to this.  If an employer is concerned about an employee's health being jeopardized upon returning to the workplace because of a preexisting condition identified on the CDC list of conditions that pose a significant higher risk for illness from getting COVID‑19, that's quite an introduction to this sentence, the employer may not exclude the employee or take adverse actions solely because the employee has a disability on the CDC list.  The determination, as all accommodations, must be based on individual assessment, based on the factors in the EEOC regulations for determining a direct threat to health and safety or others. 
And include a determination of whether a reasonable accommodation will reduce or eliminate the direct threat to the employee.  So, what this comes down to is it's really important that employers must have a reasonable belief based on objective evidence that a specific employee may pose a direct threat.  They're not permitted to conduct medical screening or evidence that's been exposed to the virus or exhibiting symptoms.
And you may think here well just a few slides ago you told me that I could do this medical screening.  Well, what we were talking about earlier is all employees.  And that's why I was stressing all employees.  So, it distinguishes between all employees and me specifically looking at one employee and then the actions towards that, towards or with that employee.  That's the distinction here.  We're talking about an individual and an individual now that we know has a disability or that has one of these conditions on the CDC list.  So, just to clear that up so that you're not confused.  And if a direct threat does exist, then employers must consider accommodations to reduce or eliminate the threat.  So, just because there is a direct threat, that doesn't simply mean that you can just say oh, just send the employee home.  That really means that we still need to think about telework, temporary reassignment, or perhaps it is temporary leave that one takes.  But I would caution you, as I caution in all presentations.  Leave may be the easiest accommodation to provide at the moment, but, you know, typically it's not the best accommodation.  Either by the person or by the company, as well.  You know, you are losing talent there.  And it's better to reduce, to send somebody home and reduce the amount of essential functions that they're performing so at least you're getting some work productivity and moving forward on your mission and meeting your work goals instead of just sending somebody on leave.  Or you may just want to send them on temporary leave until really you figure this all out.  How can they work effectively or how can they do something else perhaps supporting another department effectively that they are qualified for?  So, now let's look at who is really not covered by the ADA.  So, if we can go to the next slide, please.  All right.  The CDC does include people who are pregnant among those who are at higher risk of developing severe illness for COVID‑19.  For more information, you can see the CDC resource information about COVID‑19, pregnancy, and breast‑feeding.  While pregnancy alone is really not an impairment, but workers who are pregnant may be able to request reasonable accommodations to avoid the risk of exposure to COVID‑19 under the Federal pregnancy Discrimination Act.  It requires covered employers to make job‑related modifications for pregnant employees.  You may want to think about that.  Now of course an individual who is pregnant who also has pregnancy‑related impairments.  For instance, there may be that onslaught.  And I'm not a specialist.  I'm not a medical professional, but I do have sisters.  So, I have seen that they have had problems at the end of their pregnancies with high blood pressure or diabetes.  And certainly, these may rise to the level of being pregnancy‑related impairments that are covered under the ADA.  So, if they are, then they are entitled to accommodation under the ADA.  So, of course you have to do your due diligence here and you have to analyze the situation accordingly.  Additionally, various states and local rights may require accommodations and include leave rights for workers who are pregnant.
And we also suggest contacting the State Human Rights Agency.  They typically have a better grasp of your local and state laws.  Now, people 65 years and older are also at higher risk of developing complications from coronavirus, but will not qualify to receive accommodations under the ADA solely on the basis of age.  Very similar to the pregnancy issue. employers will need to consider their responsibilities under state and local requirements and the occupational safety and health administration requirements.  OSHA has prepared a document for preparing workplaces for COVID‑19 that employers can take.  Robin and I were talking before the webinar.  It's really great to see how many of the agencies, the EEOC, OSHA, the CDC, have really stepped up to provide this guidance.  But even in that context, it's a lot to go through with employers.  I do feel for you.  And again, looking at these overlapping responsibilities.  And that's what I'm trying to tease out somewhat today and I hope that I'm doing that for you.  Now, another group that's really not covered are caregivers of individuals with disabilities.  They're also not entitled to request reasonable accommodations under the ADA, but they might be entitled under the federal medical leave act, or the recently passed Federal Families First Coronavirus Response Act.  So again, you want to look for these overlapping responsibilities and tease that out.  For example, if a caregiver's child, spouse, or parent has coronavirus, it's possible that the FMLA would apply if leave is needed to care for the family member or because the caregiver has coronavirus.  For more information on this, you'll want to see the Department of Labor's Wage and Hour Division guidance on COVID‑19 and public health emergencies and the Family Medical Leave Act questions and answers.  So, let's just kind of briefly talk about, I'm sorry next slide, please. 

So, let's just briefly talk about three challenges that we're hearing of quite often.  Masks.  You can't really look at your social media or look at any media without seeing the challenges that we're having with ensuring that people are wearing masks and social distancing.  So, I really just want to talk about these three challenges that we're hearing of.  And this includes really wearing masks, providing supports to employees with mental health conditions, and then also talking about people, you know, people who are Deaf and hard of hearing, and who really are expected to effectively telework while some of the tools we're using are not the most accessible.  Let's just start with masks.  So employees with disabilities who have compromised immune systems who may be vulnerable to infection may need to work with their employer to determine appropriate accommodations, right?  And masks are often one option to consider.  So, this is sort of the flip side where the employee is asking for a mask to protect them because of some sort of threat in the workplace.

So, whether the employer must allow the use of masks will depend on a situation, as with all accommodations, they're very situational.  There may be some jobs where it's really not conducive to use a mask.  For example, for those who spend a great deal of time using the telephone during work, there may be difficulty when you wear a mask of others hearing you.  If this is the case, the employer must explore alternative accommodations, such as private workstations on a case‑by‑case basis. 
So, according to the guidance from the EEOC, employers may be able to insist that employees, again, now the other side of it, that the employees wear protective gear in light of a pandemic.  However, they must consider providing modified or alternative protective gear, absent of course the undue hardship, if this is needed for the disability.  So, again, you may be looking at a clear mask, a clear face mask type of mask for people to use.  Or you may be saying that perhaps someone can't wear a mask, but then you wear a full shield.  That might be the option whenever you do your analysis.  Now, employees who are experiencing difficulty wearing a mask due to a qualified disability, which may include mental health conditions such as anxiety disorders may request a reasonable accommodation.  Employers have the obligation to explore accommodation options in the same way that they do other medical conditions.  Ideas may include allowing flexible breaks for fresh air, assigning to telework, or limit the need to wear a mask.  So accommodation solutions should be considered on an individual case‑by‑case basis as we always do.  The employer's obviously to provide reasonable accommodation is ongoing and really doesn't stop just because one option is not feasible.  So, you may need to try a few things.
And again, this is where the trial basis form comes in.  This is where the temporary accommodation comes into play.  That gives you that opportunity to try different things.  So the interactive process should include additional dialogue regarding alternatives to masks, such as telework, leave, and flexible scheduling.  If a particular accommodation would cause an undue hardship, an employer is not required to provide it, but again you have to go through the analysis and consider other accommodations.  This is a pretty exhaustive process.  It's not just sort of your one and done.  So, all right.  If we could move to the next slide, please.  So, during these unprecedented times, there's a lot of confusion as to the uncertainty about the coronavirus.  And of course, this creates a lot of stress, right?  Individuals with mood disorders or depression, and the sudden change of routine contributions to concentration and memory problems and increased fatigue and irritability.  So ODEP developed a mental health tool.
And the tool is really the gateway to background tools and resources that can help employers learn more about mental health issues and cultivate a welcoming and supportive work environment.  And it's certainly in this circumstance, these pandemic times, serves employers well to dive in and really look at some of the resources, some of the best practices that many of the companies have been using for some time now.  That can particularly be effective in this circumstance.  If we could go to the next slide, please.  So, in speaking to the folks at the Job Accommodation Network, they've really had quite a lot of questions and calls about hearing and accessibility in regard to telephone calls, conference calls, and video conferencing.  Really as a result of reliance on telework, many workplaces are experiencing communication challenges with the rapid transition that we've all had to go through.  So supporting employees who are deaf and hard of hearing and who are working remotely may really require some planning and adjustment to existing accommodations.  Services like CART and captioning, interpreting services can be provided effectively.  And again, this may mean temporary leave until I can figure this out.  I'm not just going to put this person on permanent leave until the pandemic is over, but I need to figure it out.  You want to engage the person and engage JAN and work through that accommodation process.  In these times when many people are teleworking, you really may want to consider when you're conference calling and video chatting using CART services or captioning support.  Or perhaps during conference calls and video chatting interpreting support, as well.  I'd always suggest using the Job Accommodation Network.  And they can more intimately understand your situation for your industry and that person's job within the industry and give you very specific information during their one‑on‑one consultation with you.  So, next, I'm just going to very quickly so that we have a couple minutes for questions, the next few slides are resources.  And, you know, so you can rely on these within the PowerPoint presentation but the one I really want to point your attention to, so if we could go to the third slide of resources, no, I am wrong.  I want to go to the fourth resource.  The fourth resource on here, which I think is the best.  And the EEOC is doing a tremendous job right now listening to your questions and answering your questions.  So the first bullet under the first bullet, the publication is what you should know about the ADA, the Rehabilitation Act, and COVID‑19.  This is a series of Q&As, very authentic.  I think very legitimate to the workforce as to how I know the workforce and to what employers, the kinds of questions that you are asking.  And not only that, but it gives very clear and concise answers.  It's not bureaucratic.  It's very clear language, very concise, and very practical advice to what to be doing right now. 

As I said, the questions are just right on as far as I'm concerned.  So, we just want to let you know that the Department of Labor is really committed to protecting the health and safety of American workers and providing resources to help workers and employers prepare for what we are still seeing with the COVID‑19 as you reopen your workplaces.  If we could go to slide 30 please, the next slide.  So, let's end this webinar on a high note.  Going forward, we want all people with disabilities to be proud of who they are and of all of their various identities.  To circle back to this year's important anniversary, the ADA has ushered in really a new era of opportunities for Americans with disabilities.  It is said that people with disabilities have equal rights to many freedoms most people have always taken for granted, including the very important opportunity to work.  From there, the foundation was laid for a more inclusive American workforce and in turn a stronger American workforce.  And we appreciate all of your efforts at the Chicagoland Disability:IN and really moving this agenda forward.  President George H.W. Bush emphasized in his remarks when he signed the ADA in 1990, and his sentiments still ring true today.  He said to the business community you have in your hands the key to the success of this act.  If you can unlock a splendid resource of untapped human potential, it will free us all.  Really I would like to close before questions for thanking you to unlock that potential, and for advancing the spirit of the ADA in your workplaces, your clients' workplaces, and beyond.  So thank you very much.  Really appreciate it. 
>> LAURA WILHELM: Thank you, Lou.  First just to pass along to you, I have already been getting fabulous feedback on your presentation, the slides, and just so that everyone knows, we will be sharing both the slides and a link to the recording of the session afterwards.  You'll get all that e‑mail either tomorrow or the next day.  So, I do have a couple for you.  First, if an employer choose to put an employee on temporary leave while working through an accommodation process, is the employer required to pay that employee? 
>> LOUIS ORSLENE: You know, that is a really good question.  And, you know, that's a question that I really have to take back.  Thanks very much for that first question.  I do believe the EEOC has some guidance.  And I think that's one of the questions that they answer.  But let me get back with you on that.  And we can send any responses, and this is I also want to open it up.  If there are other questions that we don't get to, too, by all means let's submit those and let's get answers to them and we'll get them out to everyone. 
>> LAURA WILHELM: Wonderful.  And I think you will all see on the last slide, which we will share with you, we've got Lou's e‑mail address.  So if you have questions that you didn't think of while we were here this morning, please feel free to share those as a follow‑up.  And then the last question that I have for you, Lou, given how quickly things are changing and how the guidelines are changing very quickly, do you have any suggestions on how best to manage that?  Or are there kind of best practices that professionals should be looking to help make sure they're as up to date as possible on what they need to know about various accommodations?
>> LOUIS ORSLENE: Sure.  And what I try to do, too, is as I spoke before, it's the challenge of integrating all of these.  Looking at the CDC list and seeing who might be exposed and who's on this list that has a serious health impairment that I might want to consider protections for in the workplace.  But beyond all of the laws, all of the regulations, and all of this guidance, I think it's common sense.  And I really think if you have a strong accommodation foundation that you have put in place and you have been doing this successfully, that hasn't changed.  The accommodation process is the same.  So, I think you just have to kind of broaden your perspective on how to do this in COVID times.  I think it's the same type of analysis, the same due diligence, I think the same concern for your employee that's expressed in the ADA.  I think that's the approach.  So, I really think that's the best way to approach it.  I really do. 
>> LAURA WILHELM: Great.  And I have one more question that just came in.
>> LOUIS ORSLENE: Sure.
>> LAURA WILHELM: Given the dependence on virtual platforms and the fact that so many people are working from home right now, are there any current or anticipated impact on line accessibility and access? 
>> LOUIS ORSLENE: I think there's an enormous impact in terms of digital accessibility.  I've tried to cover a little bit of those, because the biggest effect we're having right now is Zoom, is WebEx, and is Teams.  How are these tools that we're communicating, are they accessible?  How do we complement them with captioning to ensure they're accessible?  And really, I think that's what we're working through right now.  I would suggest that we do have one DOL resource that is called Peak Works.  There is guidance specific to COVID‑19 and it does look at the digital accessibility issues that we're having.  I think what it's forcing us to do is forcing us to very quickly look at issues which have been on our back burner and which have come to our front burner a few times, but I think now it's really forcing the issue of digital accessibility.  And ensuring that our website, our website tools, our conferencing tools, our learning management systems, our recruiting systems, that they are fully accessible.  So, you know, are our videos captioned that we're using to do onboarding?  All of these different issues?  At sort of warp speed that we're not confronted by all of the digital accessibility issues faced, but how do we put these solutions in place very quickly? 
>> LAURA WILHELM: One last thing and then we'll wrap it up.  Could you just quickly repeat that DOL resource that you mentioned?
>> LOUIS ORSLENE: Sure.  It's Peat Works.  PeatWorks.org. I will send that along with the resources.
And what I'll do is very specific, I'll send some links to our resources.  But what I'll do is I'll make them very specific just to make it a little bit easier since I know at this point all the employers out there are reviewing numerous documents.
>> LAURA WILHELM: Wonderful.  We're just about at the top of the hour.  I first want to thank you, Lou, for such a timely and engaging presentation.  You've done a fabulous job of taking some pretty dense, complex, and kind of anxiety‑inducing information and putting it together in a very helpful and constructive way.  So thank you for your time.  I also want to thank Deborah from the Shirley Ryan AbilityLab, Robin Jones from the Great Lakes ADA Center.  I want to thank all our Disability:IN Chicagoland partners who joined us today.  And those who aren't currently partners, if you have questions about it, reach out to me.  Our last slide here, you'll see follow‑up information, some ways to contact either me or Lou or Deborah with more information about the presentation.  I will be following up with all of you to share the wonderful resources, both the slides and the recording.  And again, thank you to all of our participants.  We know that you could be doing a lot of things with your time and you certainly have a lot of asks of your time.  And I really appreciate you making the time to spend it with us.  So thank you, everyone.  I hope you all stay well and healthy and we'll look forward to seeing you again soon. 
>> LOUIS ORSLENE: Take care.  Thank you for the opportunity.  Bye‑bye now.
>> LAURA WILHELM: Bye, thank you!