Oct 16, 2009

Is "Option" The New Term For "Accommodation"

Here are a couple of quotes from the report of the Occupational Information Development Advisory Panel (OIDAP):
There are some sedentary jobs where a sit-stand option is available. This identification borders on accommodation. (Physical Demands Subcommittee, page 30 of the PDF of the entire OIDAP Report.)
But a different emphasis later in the report.
We differentiate between accommodations and work options. Accommodations involve retooling of work space or interventions that an employer may provide for an individual worker for any reason, but most typically the accommodation is made to enable an individual with a physical or mental-cognitive impairment to perform a work activity(ies). We agree that the OIS should not include accommodation information as SSA cannot use this data for disability adjudication. However, we think that it would be helpful for SSA if the OIS included data regarding options for performing work activities that are typically found among a number of occupations as they are generally performed throughout the nation. The sit-stand option is a prime example, as is the use of tools such as a nail gun instead of hammer, etc. ... (User Needs and Relations Subcommittee, page 374 of the PDF of the entire OIDAP report.)
As a backdrop, Social Security decided long ago that it could not consider "accommodations" under the Americans with Disabilities Act (ADA) in determining disability. Here, one Subcommittee considers a sit-stand option to be bordering on accommodation, but another Subcommittee thinks that a sit-stand option is just a "prime example" of an "option" that should be considered in determining disability.

The consideration of "options" could easily be a subterfuge to allow the consideration of accommodations or even worse, to allow consideration of the fact that some employers put up with terrible employee performance. If one looks at a wide range of employees, one is going to find that a certain percentage are allowed to:
  1. Show up for work at whatever time they please on any given day.
  2. Leave work whenever they want if they are feeling poorly.
  3. Do poor quality work that the vast majority of employers would find unacceptable.
  4. Display productivity that the vast majority of employers would find unacceptable.
  5. Regularly behave rudely to co-workers and supervisors.
  6. Receive massive assistance from co-workers in completing job tasks.
  7. Be assisted in doing work by relatives or friends who are not even employees.
If all of this happens in the world of work -- and any comprehensive survey will show that this and a lot more does happen -- are these accommodations, poor employment practices or "options?" Where does one draw the line? Consideration of this sort of thing could make it almost impossible for anyone to be considered disabled, since Social Security could always say that someone, somewhere is working with all the limitations that a particular claimant may have.

Social Security is going to need a good deal of money to create this "Occupational Information System" (OIS). They may have trouble getting the money if a significant number of "stakeholders" (to use a term that Social Security is using more and more) find it threatening. I quality as a "stakeholder" and I find this threatening. I have talked with a few other stakeholders and they also find this threatening. Social Security ought to stay away from anything like this if it wants to avoid the sort of controversy that might derail this entire project. The new OIS should describe work as it typically exists and avoid trying to find "options" in jobs.

5 comments:

Anonymous said...

If one removed all accommodations for an ada person,that enabled work.

Would that person be disabled under ssa?

Nancy Ortiz said...

The ADA and its predecessor legislation provide for reasonable accomodation, not *any requested accomodation* no matter how extensive, costly, or otherwise unproductive. The deal is one must be a qualified disabled individual--must be able to do the work with or without the accomodation. So, disabled under SSA probably not, I would say.

Employers do put up with truly awful people. In larger businesses, wrongful discharge law suits are a real barrier to removing unacceptable employees. In the govt, it is politically and legally difficult to remove or demote poor performers. But, the deal is that "unable to do any work" means what it says. Just not being able to risk firing someone doesn't mean the person is disabled.

Anonymous said...

One has to be able to do the essential functions of a job with or without accommodations.

Therefore,if one cant do those essential functions without an accommodation.

Would that person meet ssa definition of disabled. If that person required accommodations to meet work demands?

Anonymous said...

"Would that person meet ssa definition of disabled. If that person required accommodations to meet work demands?"

That's incorrect. I should have said,if that person required accommodations because of work demands.

Therefore,quality of work maybe different than normal.

Would this person meet ssa definition?

Nancy Ortiz said...

A#3 has an interesting question. The worker doesn't have to do outstanding work, just perform satisfactorily by the employer's performance standards, whatever they are. But, this person may be able to perform some other job perfectly well with little or no accomodation. This is true even for people with chronic severe conditions such as heart disease or severe autoimmune disorders, which are periodically acute.

If the person is able to return to work after a heart attack (or flare up of lupus even at lower pay, s/he is not SSA disabled. So, every case is different. That about sums up why we have ALJ's I guess. Talk about a judgement job. Glad I'm retired. :)