Please log in as a SHRM member before saving bookmarks. After the full implementation of an accommodation, she follows-up with the employee in six weeks to ask if it is working. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. An employer that grants schedule adjustments that aren't required under the Americans with Disabilities Act (ADA) may later stop allowing such changes when the employee declines to help the employer identify a reasonable accommodation, a recent 5th U.S. If the employee is not a top performer or a malingerer,the supervisor doesn't want to engage; "thats when things go wrong," he said. Employee Signature:__________________________________Date:____________ Supervisor Signature:__________________________________Date:____________ # % & = > ? Essential functionsare the basic job duties that an employee must be able to perform. No Past Exhibit Booths for Interactive Process. For employers, the hard part often is knowing when to kick off the process according to Adam Sencenbaugh, a partner at Haynes and Boone, LLP. hn UVmH nH u hn jD hn U One good approach is to withhold the employees name and identifying information from outside resources. If equipment is involved, then it needs to be properly installed and the employee needs to be trained in its proper use. Ask your employees if they have any thoughts on what might help. Setting expectations at the beginning of the process could help reduce employees' apprehension and cut down on unnecessary phone calls and e-mails. This documentation may also include the medical practitioners suggestions about potential accommodations. When expanded it provides a list of search options that will switch the search inputs to match the current selection. A lot of times we can find an accommodation., Fram agreed: When you get into anyof this, call JAN, he advised. However, in other cases the individual may know that he/she is having difficulty, but may be uncertain about the exact cause or possible solution. The supervisor may request that the employee provide written documentation from a licensed medical practitioner, specifying the employees functional limitations as they pertain to the job, without providing diagnostic information. endstream endobj 185 0 obj <>/Metadata 16 0 R/Pages 182 0 R/StructTreeRoot 32 0 R/Type/Catalog>> endobj 186 0 obj <>/MediaBox[0 0 612 792]/Parent 182 0 R/Resources<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 187 0 obj <>stream " In this regard, the court observed that Time Warner had "a record of granting [the plaintiff's] numerous accommodation and FMLA leave requests back to 2013, even when it was not required to do so by law. Trello. 1 0 obj Under the ADA, when an employee requests an accommodation and the disability and need for accommodation are not obvious, then the employer can request medical documentation to help determine whether the employee has a disability and needs the requested accommodation and information to help process the accommodation request. ta SKN Before sharing any final decision with the employee, the Department should consult with the Disability Case Management Counselor, Employee Relations and the Departmental Human Resources Manager. Topics covered: Employee learning, training, onboarding, mentoring, career development and more. n\3C[% Because changes occur, employers may need to periodically check on the ongoing effectiveness of accommodations. ", The employees request. var currentUrl = window.location.href.toLowerCase(); As part of this assessment process, the ADA requires that an employer engage in a timely, good-faith and meaningful interactive discussion with the employee. hb```TB ea8 ,2^2o-r `{ iP~ |qW |t3utWD1$1}I? Your session has expired. The law does not require the use of these or any other forms to make a request for a reasonable accommodation or to engage in an effective, good faith interactive process. This includes efforts at reasonable accommodation that will allow the employee to perform the essential assigned duties of her/his position. Second, the employer must also have notice of the employees desire to obtain some type of accommodation. Take the employee's expressed preferences into consideration. If on account of disability an employee continues not to perform the essential functions of the job, either because s/he refuses to utilize offered accommodations or because even reasonable accommodations do not enable him/her to perform the essential functions of the job, the employee may be eligible for medical separation. To request permission for specific items, click on the reuse permissions button on the page where you find the item. {l[]vvr=?g6|j''Gu,R*$]=~tn~YfNgr2GU%lhE~z$~~| X,jD^jC5ySEiyHLHN>Od>=*'wQ5V1no}w vs_V\FG:FsZv7B,?/ iZ. The human resources director informed him that the company policy is to only ask for what is absolutely necessary. ", "Clarity is important," he said, "and getting things in writing adds to clarity. If a Disability Does Not Allow an Employee to Perform One or More Essential Job Functions. If everything is working well, she continues to check in every six months. Learn more about your compensation, benefits and everything that goes into a Total Rewards package. Employers must also act promptly to initiate this discussion. %%EOF Communication is especially important if youve provided any assistive technology or equipment. endstream endobj 188 0 obj <>stream The Americans with Disabilities Act (ADA) not only prohibits discrimination based on disability, but it also requires that employers provide workers with disabilities reasonable accommodations. Work with your employee to understand their specific challenges or limitations. The following list provides some guidelines. There areperksto creating a company culture that welcomes employees with disabilities. Topics covered: HR management, compensation & benefits, development, HR tech, recruiting and much more. 2 0 obj } stream ` Assuming you return the requested information within the time frame noted above, we have scheduled an interactive meeting with you on [time] at [location]. The DFEH has created a sample Request for Reasonable Accommodation package to assist employers and employees in engaging in the interactive process. Make use of words in such a way that . endobj Even if a supervisor harbors no ill will toward an employee, inadequate training can cause things to fall apart. %PDF-1.5 For additional information about the interactive process, contact JAN directly to speak with a consultant or visit AskJAN.org. If there is no solution, the best thing is your documentation showing that you did explore accommodation options. Welcome to the newest section of our site - Talent Acquisition! Whenever a supervisor decides not to grant an employee's request for assistance (even when the assistance has not been identified as a request for accommodation of a disability), the best practice is to provide the employee with the campus policies/procedures pertinent to accommodation of employees with disabilities. The employee does not need to use any magic language when making the request, and need not reference the ADA or specifically use the term reasonable accommodation. This notice triggers the employers obligation to initiate the interactive process. The plaintiff filed suit, alleging discrimination and failure to accommodate under the ADA, as well as retaliation under the FMLA. Topics covered: Pay & bonuses, salary history, pay transparency, raises, total rewards, and more. Members may download one copy of our sample forms and templates for your personal use within your organization. Please enable scripts and reload this page. Notice of a disability alone is not enough to trigger the obligation to initiate the interactive process. Uncertainty from the start. When in doubt, ask for clarification on the request and why. After exhausting her FMLA leave in March 2014, she asked to work from home due to difficulties transitioning her child to bottle feeding. For more information on Reasonable Accommodation and the Interactive Process, please see PPSM Policy 81 and relevant collective bargaining agreements. Jonathan E. O'Connell, SHRM-SCP, is a labor and employment attorney practicing with the federal government in Washington, D.C. [Visit SHRM's resource page on theAmericans with Disabilities Act.]. JAN offers the following additional information and tips for the interactive process, starting with the accommodation request: The interactive process starts with an accommodation request from an employee with a disability so it is important for employers to be able to recognize a request. But Fram also advises documenting the following: If there isnt a quick fix, Fram said, then the formal ADA process should started "not by supervisors, but by HR or legal. Many employers dont want to, because they dont want to hear what JAN says, but you can be sure that if youre sued the employees lawyer will be calling JAN. You cant hide your head in the sand on this. Your Employee & Labor Relations team now supports both represented and non-represented employees. For employers, the hard part often is knowing when to kick off the process according to Adam Sencenbaugh, a partner at Haynes and Boone, LLP. These accommodations are specific to each individuals needs. Once an accommodation request has been received, the employer should gather whatever information is necessary to process the request. Never assume an employee is disabled. Employers must initiate an "interactive process" when an applicant or employee requests reasonable accommodations. Employees last name], We have received your medical release from your doctor, [name] dated [date]. The request doesnt have to include any specific terminology. The company denied her request, noting that her position required her to work from the office during normal business hours, including the afternoons. This is particularly true if the employer has no indication the disability is impacting the employees ability to perform his or her essential job functions. This is the time to brainstorm and consider what might work. The Office of Diversity, Equity, Inclusion, and Belonging (DEIB) fosters community and engagement for staff, develops programs and experiences for employees to increase their racial literacy and cultural fluency, and is committed to creating a community where all employees can be their authentic selves at work everyday. In other cases, they may not be able to suggest ideas, but may be able to say whether ideas under consideration will help overcome the employees limitations. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. The request had been sitting on one of the desks in the purchasing department. Shortly thereafter, the plaintiff asked her supervisor for a temporary modification to her work schedule that would allow her to leave the office early to avoid panic attacks brought on by stress associated with heavy traffic. Use JAN as needed we are free, and an outside resource. To begin this process, the company downloaded forms from JANs A to Z: Sample Forms. <> External resources to help identify whether accommodation is possible include: SAMPLE REQUEST FOR REASONABLE ACCOMMODATION PACKAGE: ENGLISH (PDF), SAMPLE REQUEST FOR REASONABLE ACCOMMODATION PACKAGE: SPANISH (PDF), Communication Center: 800-884-1684 (voice), 800-700-2320 (TTY) or, Department of Rehabilitation Disability Access Services, EEOCs fact sheet on small employers and reasonable accommodation, EEOCs enforcement guidance on reasonable accommodation under federal law. when deciding on whether a suggested accommodation is unreasonable or presents an undue hardship. Following . Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. You dont have to provide a reasonable accommodation that would cause undue hardship. But you must select the next reasonable and effective accommodation when this happens. The interactive process isnt always necessary, though. ' ( b c h yi hn >*B*OJ QJ ^J ph hn OJ QJ ^J hn B*OJ QJ ^J ph hn B*OJ QJ ^J ph h] OJ QJ ^J h] h] h}R hn OJ QJ ^J j hn CJ The original accommodation was a "transitional accommodation," that is it was intended for a specifically defined purpose and time period has elapsed; The employee indicates that a new accommodation may be necessary; or. Empower your employee to express concerns with their accommodations at any time. No Past In-Person Trainings for Interactive Process. IV. Sometimes, however, the employer must initiate the interactive process without receiving a request for accommodation from the employee. h\ CJ Sometimes the supervisor just doesn't like the employee and doesn't want to help the employee,"he said. The interactive process is a conversation between an employer and an employee to determine if the employee requires a reasonable accommodation to perform the essential functions of their job and if so, what the accommodation (s) may be. (For example, "I'm getting headaches from the glare from my computer screen. Accommodation and Compliance: Interactive Process, EEOC (Reasonable Accommodation and Undue Hardship (EEOC Guidance), JAN's Effective Accommodation Practice Series: Interactive Process and Service Providers, Employers' Practical Guide to Reasonable Accommodation Under the Americans with Disabilities Act (ADA), Employers' Practical Guide: Reasonable Accommodation During the Hiring Process, Addressing Requests for Sit/Stand Workstations, Best Practices for Addressing Requests for Ergonomic Chairs, Making a Statement About Reasonable Accommodation and Equal Opportunity, Providing Temporary or Trial Accommodation Solutions, Recertifying the Ongoing Need for Accommodation, Using Third-Party Vendors to Process Accommodation Requests. By using this site, you accept and agree to be bound by these terms. It is understood that these are temporary arrangements designed to allow UCSD employees to work while recovering from illness or injury, and do not represent a permanent change of duties or responsibilities. Provide employee with Letter regarding Interactive Process which includes deadlines for paperwork. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. Douglas Schwarz, a partner with Morgan, Lewis & Bockius LLP, said that recognizing when someone has requested an accommodation is not always an easy thing to do, especially because there's no bright-line event or statement that triggers the employers obligation to participate in the interactive process. A Transfer Search, if appropriate, is a continuation of the Interactive Process. The following situations and solutions are real-life examples of accommodations that were made by JAN customers. The ADA requires an "interactive process" between a disabled employee and her employer in the search for a reasonable accommodation. NOTE: These procedures supplement relevant personnel policies and collective bargaining agreements, and should be read in conjunction with those provisions. Friends, family, and health professionals can request accommodations on an employees behalf. Should an Accommodation Request Automatically Trigger FMLA? He does not link his need for the new chair with a medical condition. Assuming the proper criteria are met, the next step is for the employer and employee to engage in an "interactive process". This tech company uses their own platform to house their employee handbook, which they call an "employee manual.". One thing employers might want to do when testing accommodations is to make a written agreement with the employee that the accommodation is being tested, how long the test will be, and what will happen if the accommodation does not work. endobj {CL~j%"rx6M\dcxb9GG.bUxG++%[cO#wL42x%~Dzd@?qbFa9MKL]i@&K4KI11 3|&Sm(JX-:$|6e}J +qfR@I^t+QDUB>;&Z7t. [See. In some cases, the employees disability and need for accommodation are obvious and no additional information is needed. The standard of proof required here is low: when an employee continues to come to work, and continues to perform at least some of his or her essential duties, employers are encouraged to proceed with the interactive process. Step 1 - Create a policy. This is an area where difficulties often arise, as this process imposes duties on both the employer and the employee. The EEOCs guidance provides that an employer should initiate the reasonable accommodation interactive process without being asked if the employer (1) knows that he employee has a disability, (2) knows, or has reason to know, that the employee is experiencing workplace problems because of the disability, and (3) knows, or has reason to know, that the disability prevents the employee from requesting a reasonable accommodation. In other words, employers must recognize the need for accommodation even in the absence of an employee request. Understand how these limitations impact their essential job functions. The same day, the plaintiff left work early, resulting in the company's issuance of a final written warning. In June 2013, the plaintiff made an accommodation request under the ADA to lie down while at work due to dizzy spells related to her pregnancy. 18-50053 (Dec. 12, 2018). For example, it is sufficient if the employer receives notice of treatment needed by an employee. %PDF-1.5 (800) 526-7234 (Voice) | (877) 781-9403 (TTY) | Employer Live Chat, Home| About| For Employers| For Individuals| For Others| On Demand, Feedback| Accessibility| Copyright| Disclaimer| Privacy. Employees can start the. This includes: Evaluating the employee's functional abilities and limitations; Exploring options available for an accommodation. There should be no ambiguity in the explanation of the change. %PDF-1.5 % There may be times when the appropriate accommodation is obvious. If you know an employee with a disability has a need, you can begin the interactive process in good faith. Let's say you have an employee that uses a wheelchair. 1 0 obj Here at UC Berkeley, we value your growth and development throughout your career journey. endstream endobj 189 0 obj <>stream In evaluating the reasonableness of an accommodation, a supervisor and Department should consider a range of issues. An employer also cannot ignore these things simply because an employee has been cleared to return to work with or without restrictions. After this, one person was assigned responsibility for making sure an accommodation request is processed so the request is not lost on someones desk. That way, no one is surprised when the accommodation is revisited down the road. Accommodation options that can be explored, include, but are not limited to: Making existing facilities used by employees readily accessible to and usable by the disabled employee; Acquiring or modifying equipment or devices; Providing qualified readers or interpreters; and. Topics covered: National employment laws, harassment, accommodations, training, and more. ", Additionally, employers sometimes request or gather too much medical information, Loy said. III. The process requires an individualized assessment of both the job and the specific physical or mental limitations of the individual that are directly related to the need for reasonable accommodation. "Employers need only enough to show (1) that theres a disability, and (2) the employee needs an accommodation." In response, the company requested additional information regarding the number of episodes the plaintiff experienced per week and the duration of the episodes. If the employee requests a type of assistance the supervisor may simply provide it (without any reference to whether the request is disability-related), or the supervisor may ask if the assistance is being requested as an accommodation to a disability (and if the response is affirmative, proceed under campus procedures for accommodating employees with disabilities). Virtual & Washington, DC | February 26-28, 2023. The EEOCs Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act provides that as a general rule, the individual with a disability who has the most knowledge about the need for reasonable accommodation must inform the employer than an accommodation is needed. The request can be made verbally or in writing. "You rarely see an . Have employee sign the Medical Release Form (Figure 5) and provide the job description that lists the essential job duties of the position. If the employee is not eligible for (or chooses not to select) medical separation, the employee may be involuntarily terminated for non-performance. "), That the supervisor said, "How can I help you? The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. Members can get help with HR questions via phone, chat or email. Navigating the New EU Unitary Patent, EEOC targeting discriminatory use of artificial intelligence, Court upholds firing of marijuana cardholders discharged after positive weed test, Deadline nears for complying with PUMP Acts expanded protections for nursing mothers in the workplace. Knowing When to Request Medical Information, What does "Undue Hardship" mean? Don't hide your interactive process requirement, rather publicize it. If it is a written letter, include a handwritten signature. Another EEOC recommendation is to consider the employees preference. Keep your message as short as possible. endobj A good idea is to include a discussion of the interactive process as part of your ADA policy. Reviewing current vacancies within the department. JAN provides free, confidential technical assistance about job accommodations and the Americans with Disabilities Act (ADA). x[OF0Ic{|Y"vB!8$m38t =saOE9/t4d/_u0[,_K1KY3u\p,Q";[N>p '$tB/`;I=`O@b6` {vxsA *;AXN0(/:!Npt"qD?6:u>O3G?Fu0nI hDD1qpa o=^,LT7&Q8`!m+@Y.M7o"ACP9gC0+y=8A+uvoE %}IZ"EwV@_[PZmm[8>^||'=biB@^ru.@{&a[J{h%dyplpy5g}c!@75e! The Americans with Disabilities Act (ADA) requires covered employers to provide effective, reasonable accommodations for employees with disabilities. Interactive Process Freeman Rehabilitation Services Debbie Freeman P.O. If a disability precludes an employee from performing one or more essential job functions, the Department and employee, in consultation with Vocational Rehabilitation, Employee Relations, and other offices as necessary, should begin the Interactive Process. $(document).ready(function () { | 2 p.m. ", "On the communication side, one of the really useful tools is documentation," Schwarz said. Topics covered: Culture, executive buy-in, discrimination, training, equal pay, and more. Step 3: Get Job Descriptions in Order Your release form states you may return to work with the following medical work restrictions: XXXXXXXXXXXXX An interactive process meeting (can be in person or via telephone) was held on [date] to discuss reasonable accommodations [for you to continue working/for you to return to work] while recovering from your injury. An interactive process meeting (can be in person or via telephone) was held on [date] to discuss reasonable accommodations [for you to continue working/for you to return to work] while recovering from your injury. Subscribe to the HR Dive free daily newsletter, Subscribe to HR Dive for top news, trends & analysis, The free newsletter covering the top industry headlines, Tango Introduces New Batch Blur Functionality, SocialTalent Launches The SocialTalent Academy: A Professional Certification Program for Recru, Talkspace Launches First-of-its-Kind Portal Dedicated to Employee Mental Health Resources, Talent Attraction and Retention for 2023: Finance and HR leaders should look to on-demand pay,, By signing up to receive our newsletter, you agree to our, Webinar The accommodation [will begin or began] on [date] and end based upon future doctor visits. Fram said he sees the same problem. Our focus on the People & Organization Development Team is to ensure that we are giving you the growth and development opportunities at the #1 public university in the world. Copyright Once the employer has notice of a disability and the need for an accommodation, the ADA requires (1) direct communication between the employer and employee to explore in good faith the possible accommodations; (2) consideration of the employees request; and (3) offering an accommodation that is reasonable and effective.. Members may download one copy of our sample forms and templates for your personal use within your organization. The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation. +R^_C%342hE0qmQSK[ x That process requires "bilateral cooperation and communication," and requires both parties to engage in that process "in good faith." 1998) (when the employee "fail[s] to hold up her end of the interactive process by clarifying the extent of her medical restrictions, [the employer] cannot be held liable for failing to provide reasonable accommodations"); Make use of positive language and try to remain positive throughout the email. Although this is a request for a change at work, his statement is insufficient to put the employer on notice that he is requesting reasonable accommodation. You can even have a trial period whenever theres doubt that an accommodation will be a good fit. Choose someone to ensure that the request for accommodations gets processed. Once youve identified an accommodation request, its best to take action immediately. An employee's request for Family and Medical Leave Act (FMLA) time off automatically triggers an employer's Americans with Disabilities Act (ADA) obligations, even absent a specific request for . hn CJ ) $ % A B c ) * 6 gd] F^F 8&#$$d &d N P )#P &#$$d &d N P a&#$-D(M
