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Heads They Win … Tails You Lose (Mitigating Measures)

In yesterday’s Advisor, Attorney Patricia Eyres briefed us on accommodating depression. Today, her take on mitigating measures—a lose/lose proposition for the employers—and we introduce the new leadership training system from TrainingToday®.

What’s a Mitigating Measure?

According to the Job Accommodation Network, a mitigating measure is a treatment, therapy, or device that eliminates or reduces the limitations of a disability.

  • Medications, including widely prescribed depression and anxiety medications
  • Medical supplies, equipment, or appliances, low-vision devices (defined as devices that magnify, enhance, or otherwise augment a visual image, but not including ordinary eyeglasses or contact lenses); prosthetics, including limbs and devices, hearing aid(s), and cochlear implant(s), or other implantable hearing devices, mobility devices, and oxygen therapy equipment and supplies
  • Assistive technology or devices (for example, a modified keyboard, voice recognition or other software that improves communication abilities)
  • Learned behavioral or adaptive neurological modifications (for example, learning to walk away from a situation that could trigger anger)
  • Surgical interventions
  • Psychotherapy, behavioral therapy, or physical therapy
  • Reasonable accommodations
  • Auxiliary aids and services
    • Qualified readers, taped texts, video magnification
    • Text to speech and voice recognition software and OCR technologies

Do you need reasonably priced, impactful leadership training? Check out BLR’s new Leadership for Managers and Supervisors training library, part of TrainingToday.  Retention, engagement, and productivity in a highly-organized, professionally developed leadership training program for your managers and supervisors. Find out more.


Mitigating Measures May NOT Be Considered

When making the determination as to whether a disability “substantially limits” a major life activity, the decision must be made without regard to mitigating measures or reasonable accommodations, unless the measure itself is limiting.

That is, the positive effects of mitigating measures must be ignored in determining if an impairment is limiting.

For example: a mitigating measure (like prescriptions for mental disorders) that eliminates or reduces symptoms or the impact of an impairment cannot be used in deciding whether the person has a disability.

Instead, the focus must be on whether the individual would be limited in performing a major life activity without the mitigating measure.

Flip Side—You Do Have to Consider Negative Effects

And here’s the flip side, the heads-you-win-tails-I-lose part of the equation:

The negative effects of a mitigating measure must be considered in determining if an individual meets the definition of disability.

For example, the side effects from use of medication for hypertension may be considered if they limit a major life activity such as sleeping or concentration.’

Accommodating depression and ADA accommodation in general —just one of the many topics your managers and supervisors need training on, but who has time (and budget) to organize a full-blown leadership training program?

Good news from BLR®—now you can run your leadership training program like a pro with our new LeadershipTraining for Managers and Supervisors library, part of our TrainingToday® system.

What’s in the Leadership Training for Managers and Supervisors Library?

The library provides tools and information to managers and supervisors to improve management, leadership, and business skills. Click on any course title below to view a full description and preview the training experience.

Courses Include (click on titles to see full description):

Each course in our leadership library addresses a specific topic with engaging and interactive presentations, delivering practical advice and clear instructions that trainees will remember long after the training is complete.

Find out more about the Leadership for Managers and Supervisors Library.

Three Delivery Platforms for Leadership Training

TrainingToday offers you the option of three delivery platforms to meet your organization’s needs.

Professional

  • Unlimited training for your whole organization for one flat fee
  • Easy to start up and track trainee progress
  • Hundreds of courses available, from employment law compliance to sales excellence

Enterprise

The Enterprise includes all the features of the Professional Version, plus:

  • Track and report capability with built-in comprehensive Learning Management System (LMS).
  • Train with courses as they are or make them truly your own with our customization options.
  • Upload your own content (PowerPoint®, video, SCORM files, etc.) to the LMS in addition to using our comprehensive training courses.

Need to take your managers and supervisors to the next level? Let TrainingToday’s Leadership for Managers and Supervisors Library help your managers and supervisors boost retention, engagement, and productivity. Find out more.


SCORM

  • Integrate content into your existing LMS.
  • Easy to tailor to your content, logo, presentation style, and corporate policies.
  • SCORM-compliant to integrate with existing corporate learning systems.

Find out more about the Leadership Training for Managers and Supervisors library.

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