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
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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 effectsof 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 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.
Americans with Disabilities Act (ADA) accommodations—are daily challenges all compensation managers face. “Maintain internal equity and external competitiveness and control turnover, but still meet management’s demands for lowered costs.” Heard that one before?
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What Reasonable Accommodations for Depression Might You Consider?
- Attendance
- Allowing flexible scheduling
- Modifying schedule
- Concentration and Memory
- Reducing distractions
- Increasing natural lighting or provide full spectrum lighting
- Working from home/telecommuting
- Dividing large assignments into smaller tasks
- Job restructuring
- Providing memory aids such as schedulers and organizers
- Flexible breaks
- Stress management techniques
- Fatigue
- Providing goal-oriented workload
- Reducing tasks
- Memory
- Providing a job coach or a mentor; allowing additional training time
- Providing written checklists
- Organization
- Using daily, weekly, and monthly task lists
- Dividing large assignments into smaller tasks and goals
In tomorrow’s Advisor, the challenge of mitigating measures, plus an introduction to the all-things-compensation-in-one-place website, Compensation.BLR.com.