Knowing Your Rights in the Workplace

By Lauren Moore, Marketing and Communications Manager, BIAA

Starting a new job can be daunting. Understanding the nuances of team culture, learning new systems, meeting new people, even navigating a new commute can make a person feel anxious. Throw in the added complexity of starting a new job – or returning to an old one – while living with a brain injury, and the situation might feel overwhelming.

Many of the impairments people with brain injury experience, such as difficulty with attention, memory, communication, regulating emotions, or problem solving, as well as physical effects like impaired vision, fatigue, or persistent headaches, can interfere with their ability to find or keep a job.

After sustaining a brain injury and returning to work, some people find they cannot perform their job the same way they did prior to their injury. Others may realize that they cannot perform their job safely. And while many people may choose to seek other employment or withdraw from the workforce, others would prefer to stay in their positions. In many cases – although not all – the impacts of a brain injury may entitle these individuals to accommodations to ensure they are able to perform their responsibilities effectively, safely, and with dignity.

The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities. The ADA defines a person with a disability as someone who has a physical or mental impairment that substantially limits one or more major life activities, has a history or record of such an impairment, or is perceived by others as having an impairment, and any person who falls into any of those categories is protected by the ADA. Businesses and employers are required to follow the ADA.

Some individuals living with brain injury may have impairments that qualify them for workplace accommodations under the ADA.

Physical Impairments

It’s not uncommon for people with brain injury to experience physical symptoms like seizures, fatigue, or photosensitivity. Others may experience reduced or limited mobility as a result of their brain injury, or in tandem with their brain injury. There are a number of workplace accommodation options for the physical impairments that accompany brain injury.

For those who experience fatigue, accommodations include reduced hours or a flexible schedule, telework options, ergonomic equipment, or hiring an assistant to help manage workload, while individuals dealing with photosensitivity may benefit from adjusted lighting fixtures or a change of office space or location.

Seizures can pose a serious safety risk, especially in certain jobs that require the employee to operate machinery or drive and may require the employee to shift their job responsibilities as a result. However, in instances where the employee works in a low-risk environment, such as a desk job, accommodations may include developing a plan of action and designating responders in the event of a seizure, team training, the use of a service animal, modified lighting that is less likely to trigger a seizure, padded edging, protective gear, or a rest area or private space for recovery following a seizure. Workers who experience seizures as a result of their brain injury may also benefit from a flexible schedule or remote work, as well as transportation assistance if remote work is not a possibility.

As with seizures, reduced mobility may require people working in certain professions to alter the scope of their roles. In instances where a job may still be performed safely despite reduced mobility, some helpful accommodations may include grab bars, canes, walkers, scooters, wheelchairs, or a modified workspace.

Cognitive Impairments

Individuals with brain injury can experience a variety of cognitive impairments, including difficulty paying attention or staying organized, reduced executive dysfunction, and reduced emotional control or stress tolerance. Some people may feel reticent to disclose their brain injury and the cognitive symptoms they live with, especially when starting a new position or with a new company. However, by working with a manager and/or company’s HR department, there are plenty of opportunities for accommodation.

Depending on what triggers an individual’s executive dysfunction, some accommodation options include changing an office space or desk location to reduce distractions, desk organization tools, noise canceling headphones or earplugs, establishing uninterrupted time blocks on a schedule, organizational software or apps, and offering additional time to complete tasks. Working with a job coach and having a supervisor or colleague offer clear verbal or written instructions and/or deadlines can also be helpful, as can offering the ability to work remotely so as to avoid in-office distractions like background noise or small talk.

Emotional control is important not only for the person with brain injury, but for colleagues and customers as well. In cases where emotional regulation is a factor, implementing disability training for the team, regular one-on-one communication with team members and supervisors, positive feedback, and counseling or working with HR can be helpful. Some workplaces may also accommodate an emotional support animal or offer remote work options.

These accommodations are a starting point, and do not paint a complete picture of every accommodation available to people who are protected under the ADA. As well, sustaining a brain injury does not automatically qualify a person for accommodation. It is never a bad idea to speak with a disability rights advocate or attorney to determine the best course of action for a person’s individual circumstances.

Survivors Share Their Tips for Requesting Workplace Accommodations

BIAA reached out to people living with brain injury and their loved ones to share their suggestions for how to request workplace accommodations, as well as their experiences with disclosing their brain injury at work. Below are some of their tips for handling what can be a challenging or sensitive situation:

“I believe that requesting accommodations at work after experiencing a brain injury can place a brain injury survivor in a challenging situation, as it may create the impression of weakness. Nevertheless, I firmly believe that it is crucial for a brain injury survivor to communicate openly with their employer about their limitations. Failing to do so at the outset could lead to difficulties later on, potentially causing friction between the survivor and their employer. ” – Trevor Turner

“It’s all about the company who you work for. The company I worked for when I had my brain injury tried to make a place for me. Unfortunately, despite them trying I didn’t know what I needed to succeed. My doctors were not giving me good suggestions on what accommodations to ask for, and the company was changing how they had always done things, leading to attitudes from other employees about my special treatment. Unfortunately, I did leave my dream job due to my brain injury. I then found myself part-time at a large brand hardware store. I walked in thinking, ‘It’s just a job. Just have to be here, do work, and get some money.’ I have been there three years. In that time, I have healed so much. I have learned what works for me and what doesn’t. The store I work for has not had to adapt much, as my job description is simple. I have kept my part-time hours at 15 but then added on an additional 10-15 hours at a company that is flexible on when I work. Some days I go there after my set hour job and if I have a bad day I know I can just go home and do my second job tomorrow. In a month is my five-year brain injury anniversary. My life has changed so dramatically from what it used to be and I never thought I would be working the jobs I am today. My best advice is to look for anything that might work for you. It doesn’t matter where or what you are doing. Your skills can change and as you heal you may grow out of a position or two.” – Michaela Powell

“We often recommend a ramp-up schedule for folks wanting to return to full time work – something like starting at three four-hour days for the first week or two, then increasing to four four-hour days for the next two weeks, then four six-hour days (leaving one day for ongoing therapies/medical appts), etc. until progressing to full-time (with no overtime) within two months. When an employer can see the stair-step moving towards the full-time goal, they’re often very willing to accommodate the ramp-up schedule.” – Jessica Miller

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This article originally appeared in Volume 17, Issue 3 of THE Challenge! published in 2023.