Reasonable Accommodations

meanmaryjean, DNP, RN · Oct 25, 2020

Honestly- I do not think that the acuity of assignment falls under ADA. It is not 'reasonable' for you to always get an 'easier/ less acute' assignment and your colleagues to have to pick up your slack if you will. Especially if the Level 4 NICU keeps infants through step-down and does not transfer them to a lower level of care as they improve.

Rather, you should seek employment in a Level 2 facility.

may1787, BSN, RN · Oct 25, 2020

3 hours ago, meanmaryjean said:

Honestly- I do not think that the acuity of assignment falls under ADA. It is not 'reasonable' for you to always get an 'easier/ less acute' assignment and your colleagues to have to pick up your slack if you will. Especially if the Level 4 NICU keeps infants through step-down and does not transfer them to a lower level of care as they improve.

Rather, you should seek employment in a Level 2 facility.

I will be seeking employment at a level 2 facility.

may1787, BSN, RN · Oct 26, 2020

What do people think of these as reasonable accommodations to request?

-Have a support person for all meetings with a supervisor (not including charge RN)

-provide frequent positive reinforcement and constructive feedback

-provide feedback via email

-intermittent FMLA

-excusing from shift rotation

meanmaryjean, DNP, RN · Oct 26, 2020

You probably should consult someone who is intimately familiar with ADA- because to me, none of those is 'reasonable' with the possible exception of the intermittent FMLA. And you have to know that requesting is not the same as getting- they very well could be denied.

And I think that you cannot expect to get hired somewhere and outline all the accommodations you want. Perhaps I am misunderstanding your situation? But if the job is rotating shifts, and you are saying 'no rotating shifts' then they just don't hire you, because you do not meet the basic job requirements.

Again, perhaps I am grossly misunderstanding and if so I apologize.

may1787, BSN, RN · Oct 27, 2020

I think you are misunderstanding.

All of the things I listed are considered reasonable accommodations under the ADA. They are even listed on their website. Of course, one wouldn't expect to be hired to a rotational position and then expect not to be rotated, just as one wouldn't be hired to a night position and then expect they will just accommodate you to day shift, or if one was hired to a level III/IV NICU and then expect to only get level II patients. All of that would not be accepted.

I can request accommodations and the employer can decide to request a doctors note, but denying reasonable accommodations isn't a good look for a company when it comes to disabilities. It happens frequently with mental illness though because, despite being healthcare, there is still a huge stigma surrounding mental health issues. I know this because I have left a job due to workplace stigma. So yes, they can deny but under ADA they cannot deny and then not offer another reasonable accommodation.

meanmaryjean, DNP, RN · Oct 27, 2020

I guess my point is if you are looking for a new job, and go in with a list of accommodations - that the employer is going to find a way to hire someone else from the get-go.

I do wish you well and hope things work out for you. I have a family member who had to take an extended break from nursing due to mental health issues and is now in a much better place.

may1787, BSN, RN · Oct 27, 2020

And my point is that I wouldn’t come in with a list. I would follow ADA recommendations and approach HR after hire.

Editorial Team / Admin · Oct 27, 2020

But it comes down to what is truly considered a reasonable accommodation. A nurse with claustrophobia unable to wear a mask taking a job in the OR with the expectation that her need to not wear a mask will be acceptable is not reasonable. (Yes, that really happened, and that nurse was transferred out of the OR very quickly.)

may1787, BSN, RN · Oct 27, 2020

@Rose_Queen I understand that.

I don’t think there should be any issue since the position isn’t rotational and nor is it a level 3/4, however I can request those as accommodations in future if they suddenly decide to change the position requirements.
In regards to the other accommodations they are reasonable according to the ADA but the employer can decide if they want to offer an alternate reasonable accommodation. Either way, they have to offer a reasonable accommodation.

I don’t think any of my accommodations would be considered as blatantly wrong for a unit as not wearing a mask.

I recently contacted JAN and they say they all fall under reasonable accommodation for the position I’m applying for.

**CommunityRNBSN, BSN, RN** · Oct 28, 2020

7 hours ago, may1787 said:

@Rose_Queen I understand that.

I don’t think there should be any issue since the position isn’t rotational and nor is it a level 3/4, however I can request those as accommodations in future if they suddenly decide to change the position requirements.
In regards to the other accommodations they are reasonable according to the ADA but the employer can decide if they want to offer an alternate reasonable accommodation. Either way, they have to offer a reasonable accommodation.

I don’t think any of my accommodations would be considered as blatantly wrong for a unit as not wearing a mask.

I recently contacted JAN and they say they all fall under reasonable accommodation for the position I’m applying for.

Then I’m not totally clear on what you are wanting from this message board. Two different posters mentioned concerns that they (non-experts in ADA law) felt about your accommodations. You replied that you’ve consulted experts and they say they are reasonable. Okay, great, I’m glad you’ve done your research. So what are you wanting from us?

may1787, BSN, RN · Oct 28, 2020

I guess I wasn’t expecting negative and snarky comments. I was able to find my answers through this, however, so I guess it worked.