Mitchell County Using the Interactive Process “Targets” Proper By: Harben, Hartley and Hawkins Law Firm Lifting for SFS Personnel
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NOVEMBER 2011 Complying with the ADA in the Workplace: Mitchell County Using the Interactive Process “Targets” Proper By: Harben, Hartley and Hawkins Law Firm Lifting for SFS Personnel The Mitchell County School System has taken a leadership role in utilizing Target Safety. The school district’s School Food Service Manager/Supervisor Julie “…ADA was Tucker became the first individual in Mitchell to use one of Target designed to prevent Solutions’s 250 courses to train discrimination her staff. Ms. Tucker’s efforts against disabled received the full support of Interim Superintendent Vic Hill. employees who are Following an analysis of their able to perform the workers’ compensation loses, essential functions of Ms. Tucker determined her staff a job.” needed retraining in proper lifting techniques. Like most school districts, she faced two rather common constraints in today’s economy, little staff development Title I of the Americans with Commission (“EEOC”) have not time and no funding. For these Disabilities Act (“ADA”) was only named the process, but reasons she looked to GSBA and designed to prevent discrimination defined it. In order to trigger a its new safety training initiative, against disabled employees who school district’s responsibility to TargetSolutions. With this tool, are able to perform the essential engage the interactive process, an functions of a job. Under the ADA, employee must specifically assert Continued on page 3 an employer is required to provide his or her disability and request an reasonable accommodations if accommodation. Such a request necessary to enable an otherwise should be more than a general qualified but disabled employee to assertion that accommodations are perform the job. The process for needed, but instead specify a specific determining what accommodations accommodation or at least need. are reasonable and necessary in a As a result of the passage 5120 Sugarloaf Parkway given situation is an important part of the 2008 amendments to the Lawrenceville, GA 30043 of complying with the ADA. ADA, Congress requested the Although the phrase “interactive EEOC to issue guidance to assist 770.962.2985 process” does not appear anywhere employers in understanding their www.gsba.com in the ADA, the federal courts and Continued on page 4 the Equal Employment Opportunity Georgia School Boards Association Risk Management Services November 2011 Director’s Message By: Trudy Sowar, GSBA Director of Risk Management Services During the Georgia School a catastrophic event like the one Superintendents Association Fall Catoosa occurs. Bootstrap Conference in Athens, The following are some of Catoosa County Superintendent the critical areas Superintendent Denia Reese shared a powerful Reese identified for her peers to presentation describing the review for their own districts. For devastating tornado that hit comparison purposes, the following her community in May. The describes the coverage provided by EF-4 tornado struck the town the GSBA Risk Management Fund of Ringgold with little warning, agreement: destroying homes, businesses and • Demolition and Increased Cost the high school. Ms. Reese and of Construction - GSBA RMF her staff found themselves in the provides the $25 million per middle of a devastated community occurrence in coverage for Photos above show damage to the looking to her for leadership. demolition and the increased Catoosa County schools as a result of a Top priorities included locating cost of construction. tornado that hit the area in May. an alternate site for their badly • Debris Removal – GSBA RMF damaged central office and the provides the greater of 25% • Electronic Data Protection – daunting task of making payroll of the loss or $25 million per GSBA RMF covers valuable within a couple of days of the occurrence. papers, records and EDP media storm. As Ms. Reese shared, they • Stadiums and Athletic Fields and equipment. learned many lessons from this – Under the GSBA RMF event, lessons she has graciously agreement, your statement of GSBA Risk Management shared with many others. Ms. values includes outside property Services would like to thank Reese had superintendents raise including signs, scoreboards, Catoosa Superintendent Denia their hands and take a friendly fencing and lighting. Stadiums Reese for sharing the “lessons oath to read their insurance are scheduled separately. learned.” We commend Ms. Reese, policies when they got home so • Landscaping – GSBA RMF the school district staff, as well they will know what coverage they provides a $5 million sublimit as city and county and agency have, or more importantly, what for landscaping, natural turf on leaders for the outstanding job coverage they may not have. athletic fields and $5,000 per they did serving their community Insurance is a complex topic tree. through hard work, dedication and and sometimes is not the major • Valuation/Coinsurance Clause leadership. area of focus in educational – The GSBA RMF agreement As you meet Superintendent leadership preparation. The provides blanket replacement Reese’s challenge to review language used in insurance cost coverage. There is no your coverage, please call on us policies is often as unfamiliar coinsurance clause or valuation at GSBA RMS if we can be of to educators as educators’ penalty. The Fund provides assistance to you. This is truly an language is to other professions. building appraisals once every important issue that requires your Yet, the misunderstandings have three years to ensure appropriate most focused attention. the potential to become very values. expensive to school districts if PAGE 2 www.gsba.com Member Spotlight, continued from page 1 the school district discovered a member benefit at no additional cost, offering more than 250 on- line training courses including the perfect course to meet her department’s immediate need, “School Food Service Proper Lifting.” By her own admission, Ms. Tucker had to overcome some anxiety working with on-line training as opposed to the more traditional on- site presenter-driven delivery. Working with her GSBA Risk Management Services Member Advocate Dr. Ricky Brantley and the TargetSolutions staff, Ms. Tucker completed the orientation training and made a decision to give the Shown in the photo are Mitchell County School Food Service employees who much needed on-line training a missed the July training, but participated in the August make-up session. try. For its first course rollout, she Pictured from left to right in the front row are Malissa English, Tangie chose to provide the training in a Spooner, Mary Hudson, Mary Smith, and in the back row are Phyllis Stewart- whole-group setting. “At first, I Williams, Calvin King, Gwen Dixon, Maggie Harris. was skeptical as to how well this would work in a group setting,” she said. “Stephanie Bianchetti, stop and return to training later.” County in the Member Highlight TargetSolutions account manager, Looking back on the section and to congratulate Ms. was a tremendous help in getting training experience, the district Tucker, Interim Superintendent Vic everything setup. She even gave appreciated the flexibility of using Hill, and Workers’ Compensation me her cell number in case I had a TargetSolutions courses in both Coordinator Bonita White for question after hours,” remarked Ms. group settings and as individual showing great leadership by Tucker. assignments. “Using this (initial) providing safety training for their The rest of Mitchell County’s first training in a group session took the school food service staff. We also experience with TargetSolutions pressure off some of our employees salute the Mitchell County Board of underscores the leadership of Ms. who aren’t as comfortable using a Education Chair Norma Gilpatrick, Tucker and the school district computer as others. We watched Vice-Chair Barbara Reddick, and staff as they experienced both the sessions together then took the Members Tholen Edwards, Patricia satisfaction and success. Ms. Tucker test. This allowed me to document McCaskill, Gregg Scott, Robert Scott took the opportunity during the our training,” said Ms. Tucker. and Joseph White. training to demonstrate to her staff When asked if the that future uses of TargetSolutions TargetSolutions on-line courses are courses will be made as individual part of the Mitchell County School assignments. She said, “I showed Food Service Department’s future, our staff how easy the sessions are Ms. Tucker said, “I plan to use this when working individually, how you training again.” can go back to a previous session GSBA Risk Management Services if you missed something or have to is delighted to recognize Mitchell PAGE 3 Georgia School Boards Association Risk Management Services November 2011 Complying With ADA, However, employers must show good continued from page 1 faith in entering into the process. The letter might also include responsibilities under the law. Those Obviously, the demeanor, attitude alternative accommodations guidelines indicate that reasonable and comments of those participating proposed by the district, especially accommodations are best determined become important if the good faith when rejected by the employee. through a flexible process that of the school district is challenged. When districts are in the process involves a meaningful dialogue In determining whether a of determining whether a requested between employer and employee. requested accommodation is accommodation would cause The guidelines outline four steps in reasonable, the EEOC guidelines undue