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					                                                             ADA Accomodation Survey


               Has your jurisdiction had to deal with the
             issue of COs who are required to work shifts
Jurisdiction     requesting day shift only (as an ADA                                                 Comments
               Accommodation ) due to diabetes or other
                      similar medical condition?


AL                Yes, Alaska has dealt with shift assignments to   We followed ADA procedure for the determinations in two cases. The
                  'days only' as an ADA accomodation.               department's ADA coordinator required that the officers get a medical
                                                                    evaluation resulting in a medical doctor articulating in writing why, for medical
                                                                    reasons, the requested accommodation was required for the officers to
                                                                    remain productive employees. After receiving finding from the doctor in each
                                                                    case it then becomes a policy call based on the needs of the department
                                                                    whether the accomodation for the requested shift assignment is a reasonable
                                                                    accomodation under ADA. In both cases I signed off on granting the
                                                                    accomodation.
AR                Yes                                               Each situation is handled on a case by case basis. If the employee's condition
                                                                    restricts the employee's ability to work shifts temp, we work with the
                                                                    employee for a period not to exceed 6 mos at which time the employee is
                                                                    provided with other options available to them. As a CO, working all shifts and
                                                                    posts is a condition of employment and part of the essential functions of a CO
                                                                    If the inability to work all shifts is permanent, we engage in the interactive
                                                                    process with the employee on a continuous basis to find a suitable position
                                                                    within the dept that meets their needs. This has worked well for the
                                                                    employee and dept and we have been able to find placement for 100% of the
                                                                    employees who have found themselves in this situation. On a few occasions
                                                                    we have had this practice challenged via charges with EEOC and we have
                                                                    prevailed in all such cases. The key is early intervention; ensuring the
                                                                    employee is part of the process from the onset; employee is fully informed of
                                                                    his/her rights and benefits; that personal attention is given to the situation so
                                                                    the employee feels a continued commitment to them by the dept.


GA                No




Survey Distributed:                                                           Page 1 of 8                                                  Updated: 4/21/2010 at 8:22 PM
                                                    ADA Accomodation Survey


               Has your jurisdiction had to deal with the
             issue of COs who are required to work shifts
Jurisdiction     requesting day shift only (as an ADA                                         Comments
               Accommodation ) due to diabetes or other
                      similar medical condition?
ID                See Comment                               Information from our Human Resource Services indicates we have had one
                                                            situation where a Sergeant requested to work day shift for an ADA
                                                            accommodation. He didn't have the seniority in the Sergeant's position to do
                                                            that but was allowed to demote to correctional officer where his seniority then
                                                            allowed him to work day shift. We have made temporary accommodation for
                                                            a temporary issue as well. If it will be a long term request then they do not
                                                            meet the essential requirements of the job so they go on short term disability.

IL                See Comment                               We have not had that request for a day shift due to diabetes. We have had
                                                            requests to work day shift due to sleep disorders and bi-polar disorder.The
                                                            requests were denied, due to lack of documentation that the condition is a
                                                            disability, that working any shift is an essential function and that shifts are
                                                            determined by seniority, per the union contract.

IN                Not specifically for Diabetes.            We have built into our correctional officer job description as an essential
                                                            function that they must be able to work any shift. If they cannot do so, they do
                                                            not meet the minimum qualifications of the job.
KS                No                                        We could not identify any facility where this situation has been experienced,
                                                            nor was our legal division or human resources office aware of this situation
                                                            having occurred.




Survey Distributed:                                                   Page 2 of 8                                                   Updated: 4/21/2010 at 8:22 PM
                                                    ADA Accomodation Survey


               Has your jurisdiction had to deal with the
             issue of COs who are required to work shifts
Jurisdiction     requesting day shift only (as an ADA                                         Comments
               Accommodation ) due to diabetes or other
                      similar medical condition?
KY                Yes                                       We have had to deal with the issue of COs who request to work day shifts
                                                            only. Several have brought in statements to include accommodations for
                                                            diabetes and such conditions as Sleep apnea. We have a clause listed on
                                                            our Job Specification that states that the person must be able to work all
                                                            shifts all days. For those who bring in a doctors statement with restrictions,
                                                            we will accommodate them on "light duty" for 90 days. Then, we will seek to
                                                            get a more concrete doctor's statement for permanent restrictions. We will
                                                            then have the person to submit an updated application to see if there are
                                                            other places we could use them such as in clerical, filing, etc. We try to do
                                                            everything we can to place them in a position that they can succeed in. Part
                                                            of our class specification for a CO states that the person must be able to
                                                            work all shifts and posts and if they cannot do that and will not go to another
                                                            position, we will place them on agency directed medical leave.


LA                See Comment                               We do not allow permanent accommodations for anyone who cannot meet
                                                            our "essential functions" requirements for CSO, (which would include being
                                                            available 24/7 for emergencies as well as regularly scheduled duties). We
                                                            deal with temporary disabilities on a case by case basis. We would not
                                                            accommodate this individual the way that has been suggested. We have
                                                            taken this position for years and not been overturned.




Survey Distributed:                                                   Page 3 of 8                                                  Updated: 4/21/2010 at 8:22 PM
                                                           ADA Accomodation Survey


               Has your jurisdiction had to deal with the
             issue of COs who are required to work shifts
Jurisdiction     requesting day shift only (as an ADA                                                Comments
               Accommodation ) due to diabetes or other
                      similar medical condition?
MI                The Michigan Department of Corrections has      The DOC has maintained that the ability to work all three shifts is an essential
                  had Correctional Officers who are required to   job function for custody staff (based on the safety and security of the facility
                  work shifts request day shift only work as a    and our need to be able to utilize staff wherever and whenever necessary).
                  reasonable accommodation for various medical    Many times employee's requesting this type of accommodation have a
                  conditions. We have also had requests to stay   disability that is temporary or does not meet the definition of a disability under
                  on other shifts due to medical conditions.      the ADA. When this occurs, we attempt to work with the employee and offer
                                                                  alternative duty on a temp basis until the employee is able to perform the
                                                                  essential functions of the job. In the event that the employee does have a
                                                                  disability as defined by the ADA, we have attempted to place the employee
                                                                  into a position that does not require shift work. If a vacant position is not
                                                                  available, the employee is placed onto the appropriate disability program.
                                                                  Employee's who are interested are placed into the dept's Return To Work
                                                                  prog where they are given continued assistance in finding a position that they
                                                                  are qualified for that meets the restrictions given by their physician.


MN                No                                              We have not had a request of this nature, from an officer, during the past
                                                                  fiscal year (2006).
MS                No
NE                Yes                                             The ADA considers changes in work hours, modified work schedules, shift
                                                                  changes, etc. a reasonable accommodation. In Nebraska, we make every
                                                                  attempt to move an employee, who has medical justification, to the shift the
                                                                  medical advice deems appropriate. We do this not only to comply with the
                                                                  ADA, but in an effort to allow the employee to continue to be as productive as
                                                                  possible. The only time we would not make this accommodation would be if
                                                                  the facility could justify it as unreasonable, or an undue burden.
                                                                  Organizations should be mindful of Union Contracts with seniority rights when
                                                                  considering this accommodation. While a Union contract cannot violate the
                                                                  ADA, seniority rights are recognized as legitimate where the practice has
                                                                  been applied regularly. If there are exceptions to the application of seniority,
                                                                  an employer needs to be cautious about suggesting they cannot waive it for


Survey Distributed:                                                         Page 4 of 8                                                   Updated: 4/21/2010 at 8:22 PM
                                                             ADA Accomodation Survey


               Has your jurisdiction had to deal with the
             issue of COs who are required to work shifts
Jurisdiction     requesting day shift only (as an ADA                                               Comments
               Accommodation ) due to diabetes or other
                      similar medical condition?
NV                Nevada has not had to deal with this problem.

NJ                The Capital Planning & Construction Unit has
                  not received any requests of that nature from
                  the NJ DOC custody staff due to diabetes or
                  similar medical conditions.

NM                Yes                                             NM has dealt with this issue at least once long ago. In a particular case, the
                                                                  NMCD attempted to designate the ability to rotate to various shifts as an
                                                                  essential function, however we lost on that issue at court. The NMCD
                                                                  basically had to allow the ADA covered person who had diabetes to work only
                                                                  day shift as his physician requested/ recommended. It was shown that the
                                                                  person could still do the job itself on day shift. Placing the person on days
                                                                  only was also not considered an undue hardship for the NMCD, which is a
                                                                  stand that is very hard to prove under the ADA, especially for state
                                                                  governments.
OH                NO                                              We have union contracts that have seniority provisions for shifts and days
                                                                  off, which as I understand would have some bearing on an ADA
                                                                  accommodation request of this nature. We would also, look at the issue of
                                                                  whether the employee could fulfill the essential functions of their job. If found
                                                                  not to be able to perform the essential functions then steps would be taken to
                                                                  disability separate.
RI                                                                Although the RI DOC has not received requests for “day shift only” for
                                                                  Officers with medical conditions, there are Officers who are medically limited
                                                                  to 8 hour shifts. In these cases, Officers are not required or permitted to work
                                                                  overtime unless it is on their days off. The Department requires supporting
                                                                  medical documentation consistent with granting intermittent leave under the
                                                                  Family and Medical Leave Act (Form WH-380).




Survey Distributed:                                                         Page 5 of 8                                                  Updated: 4/21/2010 at 8:22 PM
                                                                 ADA Accomodation Survey


               Has your jurisdiction had to deal with the
             issue of COs who are required to work shifts
Jurisdiction     requesting day shift only (as an ADA                                                     Comments
               Accommodation ) due to diabetes or other
                      similar medical condition?
SC                                                                       Once a supervisor works through the specifics of the request - which must be
                  The DOC regularly has employees who request            supported by a medical practitioner - they can quickly see that an inability to
                  day shift due to various medical or other              work nights also applies to those who work days. Ex. our employees work a
                  reasons. Such a claim under ADA, however,              12 hour shift. In most cases and regardless of the time of year, an employee
                  actually defines how to address the request.           on day shift either goes to work or goes home during nighttime hours, which
                  Working any shift is considered an essential           means ALL employees must work or travel in periods of dark. Likewise, even
                  function of a Correctional Officer job, and            an 8 hour shift employee would often be required to work overtime, or during
                  therefore, the request cannot be honored.              inclement weather which again requires work and/or travel at night.The
                  Typically, this type of request is usually linked to   example given in your question relating to an illness such as diabetes poses
                  vision problems and/or issues related to sleep         even more questions for those who only want to work daytime hours. Does
                  apnea (meaning sleep must occur at night).             the presence of diabetes require dialysis? If so, most medical facilities
                                                                         administer this service only during the day, which then calls for working a
                                                                         night shift. If a doctor prescribes an employee can only drive to work during
                                                                         the day -- all daytime employees frequently drive in early morning or early
                                                                         evening darkness.


SD                Yes                                                    In SD we have had several requests over the years for "day shift only." We
                                                                         will accommodate that request if we determine the request is a result of a
                                                                         legitimate disability as defined by the ADA. However, the great majority of
                                                                         our requests for "day shift only" have been for medical conditions that fall
                                                                         short of an ADA disability and we have refused to honor those requests. The
                                                                         SD Bureau of Personnel is the final approving authority for these types of
                                                                         requests.




Survey Distributed:                                                                Page 6 of 8                                                Updated: 4/21/2010 at 8:22 PM
                                                             ADA Accomodation Survey


               Has your jurisdiction had to deal with the
             issue of COs who are required to work shifts
Jurisdiction     requesting day shift only (as an ADA                                                 Comments
               Accommodation ) due to diabetes or other
                      similar medical condition?
TN                The majority of our Wardens indicated that this   One Warden indicated that when the issue has arisen at his facility, the
                  issue has never arisen.                           employee is seeking this accomodation as an excused medical request and
                                                                    not, specifically, an ADA accomodation. Employees at this facility produce a
                                                                    doctor's statement documenting some specific or sometimes not so specific
                                                                    health reason that prohibits him/her from working 3rd shift or overtime. When
                                                                    this does arise, the Warden addresses it on a case-by-case basis. Most of
                                                                    the time, these requests are medically indicated on a temporary basis.

UT                No                                                Our HR personnel indicates if they were to receive a request, it would be
                                                                    necessary to screen each individual on a case-by-case basis to determine if
                                                                    working a shift other than days affects a major life function. Because
                                                                    different people may react differently to treatment, medical information would
                                                                    be reviewed to determine whether or not treatment improves or mitigates the
                                                                    problem making it possible for the person to function. If the officer could
                                                                    function with treatment, they would not qualify for an accommodation.

VA                See Comment                                       Our policy in Virginia DOC is that all Corrections Officers must be able to
                                                                    work all posts. This obviously means working all shifts. This is considered
                                                                    an essential function of the job. We could make a temporary (less than 90
                                                                    days) assignment but not longer.
VT                No                                                I do not recall a specific situation exactly like your question. However we
                                                                    treat the ability to work all shifts as a regular assignment, and the ability to
                                                                    work overtime onto specific shifts as an essential function of the job. Part of
                                                                    the rational is that in our system assignment to shifts is through a union
                                                                    agreement that uses shift bidding based on seniority. Therefore assigning
                                                                    someone to a shift because of an ADA accommodation would displace other
                                                                    employees which makes it problematic under ADA.




Survey Distributed:                                                           Page 7 of 8                                                  Updated: 4/21/2010 at 8:22 PM
                                                            ADA Accomodation Survey


               Has your jurisdiction had to deal with the
             issue of COs who are required to work shifts
Jurisdiction     requesting day shift only (as an ADA                                               Comments
               Accommodation ) due to diabetes or other
                      similar medical condition?
WA                Yes                                             Requests come up from time to time to be moved to day shift due to a
                                                                  medical reason (and they vary widely), and also to avoid OT. We have held
                                                                  firm that this is not a reasonable accommodation - all officers must be able to
                                                                  work all shifts and be assigned mandatory overtime. These are essential
                                                                  duties of a correctional officer's job. Our attorneys have supported this
                                                                  position. Although we get the occasional grievance as a result of the decision
                                                                  not to accommodate, we've been able to handle it internally.

WI                We have had only a few requests for day shift   We have written doctors when we have had individuals with severe conditions
                  only. See comments.                             and asked that if we kept them on a regular schedule and gave them access
                                                                  to food, insulin and whatever else they needed would they be able to work the
                                                                  shift if we kept them steadily on that shift. Most physicians have written back
                                                                  that as long as the individuals maintains this schedule on his/her off days, it
                                                                  should be fine. If we don't get that answer, we write the doctor and ask them
                                                                  specifically if we had the person work 2nd or 3rd shift and they maintained
                                                                  that schedule in their off hours would it work, and doctors agree that it would.
                                                                  We then view it as the employees responsibility to maintain the hours in their
                                                                  off time. We take a great deal of time writing doctors to clarify the disabling
                                                                  condition, then what the issues are, and finally offering other
                                                                  accommodations that may meet the need. We view requests for
                                                                  accommodations as just that, a request, and we take a great deal of time
                                                                  having conversations with medical staff via mail on what could work.



WY                No




Survey Distributed:                                                         Page 8 of 8                                                 Updated: 4/21/2010 at 8:22 PM

				
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