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					                                                             ADA Accomodation Survey


              Has your jurisdiction had to deal with the
               issue of COs who are required to work
Jurisdiction shifts 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 9                                                   Updated: 4/29/2010 at 12:24 AM
                                                    ADA Accomodation Survey


              Has your jurisdiction had to deal with the
               issue of COs who are required to work
Jurisdiction shifts 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 9                                                  Updated: 4/29/2010 at 12:24 AM
                                                    ADA Accomodation Survey


              Has your jurisdiction had to deal with the
               issue of COs who are required to work
Jurisdiction shifts 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 9                                                 Updated: 4/29/2010 at 12:24 AM
                                                           ADA Accomodation Survey


              Has your jurisdiction had to deal with the
               issue of COs who are required to work
Jurisdiction shifts 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
                  had Correctional Officers who are required to   essential job function for custody staff (based on the safety and security of
                  work shifts request day shift only work as a    the facility and our need to be able to utilize staff wherever and whenever
                  reasonable accommodation for various medical    necessary). Many times employee's requesting this type of accommodation
                  conditions. We have also had requests to stay   have a disability that is temporary or does not meet the definition of a
                  on other shifts due to medical conditions.      disability under 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




Survey Distributed:                                                         Page 4 of 9                                                 Updated: 4/29/2010 at 12:24 AM
                                                             ADA Accomodation Survey


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




Survey Distributed:                                                         Page 5 of 9                                                  Updated: 4/29/2010 at 12:24 AM
                                                                 ADA Accomodation Survey


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

SC                                                                       Once a supervisor works through the specifics of the request - which must
                  The DOC regularly has employees who request            be supported by a medical practitioner - they can quickly see that an inability
                  day shift due to various medical or other              to work nights also applies to those who work days. Ex. our employees work
                  reasons. Such a claim under ADA, however,              a 12 hour shift. In most cases and regardless of the time of year, an
                  actually defines how to address the request.           employee on day shift either goes to work or goes home during nighttime
                  Working any shift is considered an essential           hours, which means ALL employees must work or travel in periods of dark.
                  function of a Correctional Officer job, and            Likewise, even an 8 hour shift employee would often be required to work
                  therefore, the request cannot be honored.              overtime, or during inclement weather which again requires work and/or
                  Typically, this type of request is usually linked to   travel at night.The example given in your question relating to an illness such
                  vision problems and/or issues related to sleep         as diabetes poses even more questions for those who only want to work
                  apnea (meaning sleep must occur at night).             daytime hours. Does 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.




Survey Distributed:                                                                Page 6 of 9                                                  Updated: 4/29/2010 at 12:24 AM
                                                             ADA Accomodation Survey


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




Survey Distributed:                                                           Page 7 of 9                                               Updated: 4/29/2010 at 12:24 AM
                                                    ADA Accomodation Survey


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

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.




Survey Distributed:                                                  Page 8 of 9                                                 Updated: 4/29/2010 at 12:24 AM
                                                            ADA Accomodation Survey


              Has your jurisdiction had to deal with the
               issue of COs who are required to work
Jurisdiction shifts requesting day shift only (as an ADA                                           Comments
             Accommodation ) due to diabetes or other
                      similar medical condition?
WI                We have had only a few requests for day shift   We have written doctors when we have had individuals with severe
                  only. See comments.                             conditions 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 9 of 9                                                Updated: 4/29/2010 at 12:24 AM

				
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