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. Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem." endobj Once accommodation options have been explored, the employer must choose what accommodation to implement. "You rarely see an employee who knows about the ADA and asks for a reasonable accommodation," he told HR Dive;"You need to start the process even if they havent used any magic words. Please enable scripts and reload this page. If the employee refuses to make a good faith effort to perform the essential functions of his/her job using a reasonable accommodation offered by the supervisor, the employee and supervisor should re-initiate the Interactive Process, working with the department and the Vocational Rehabilitation group, and Employee Relations to identify alternatives. 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. Time Warner Cable Texas LLC hired the plaintiff in October 2012 as a workforce analyst. Sometimes employers are not sure whether an accommodation will work and are afraid if they try it out they will be locked in forever. No Past In-Person Trainings for Interactive Process. 222 0 obj <>stream The EEOC (Reasonable Accommodation and Undue Hardship (EEOC Guidance)provides the following examples: Example A: An employee tells her supervisor, "I'm having trouble getting to work at my scheduled starting time because of medical treatments I'm undergoing." The EEOC recommends that you analyze the job, its purpose, and its essential functions. Notify supervisor if unable to report to work for any reason Supervisors Responsibilities: Ensure that employee is not directed to perform tasks that exceed restrictions recommended by treating physician. Keep up with the story. 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 Thats because their request for a new chair isnt related to a medical condition. (Marginal functionsare responsibilities that, once altered or removed, dont change the primary purpose of the job.) Its a good idea to touch base with your employee on how things are going. He does not link his need for the new chair with a medical condition. 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. While employers may have policies instructing their employees to provide written notice of the need for an accommodation, the employer cannot ignore verbal, visual or other cues. At this step, employers should be open to new ideas and new ways of doing things. "Employers need only enough to show (1) that theres a disability, and (2) the employee needs an accommodation." ; ADA Reasonable Accommodation Interactive Process Letter Circuit Court of Appeals decision shows. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. Topics covered: National employment laws, harassment, accommodations, training, and more. 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. Please see Personnel Policies for Staff Members (PPSM), the Berkeley PPSM Implementing Procedures, and appropriate collective bargaining agreements for information on this process. hb```TB ea8 ,2^2o-r `{ iP~ |qW |t3utWD1$1}I? <> SHRM Employment Law & Compliance Conference, ADAs Interactive Process Is a Two-Way Street, New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, White House Takes Action Against Migrant Child Labor, EEOC Lawsuit Highlights Cancer Discrimination in the Workplace. 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. "Written follow-up in both directions that confirms what the discussion has been. If a Department Decides that the Proposed Accommodation(s) is Unreasonable. Never assume an employee is disabled. If you are claiming undue hardship, you need to be able to articulate why youve met that standard. Have employee sign the Medical Release Form (Figure 5) and provide the job description that lists the essential job duties of the position. After Completing FMLA, The Employer Uses The Interactive Process And The plaintiff filed suit, alleging discrimination and failure to accommodate under the ADA, as well as retaliation under the FMLA. Example:Your employee tells you theyre having issues getting to work on time because of a medical treatment they are receiving. For example, if an employee who uses a wheelchair requests that his desk be placed on blocks to elevate the desktop above the arms of the wheelchair and the employer complies, an appropriate accommodation has been requested, identified, and provided without the need for a formal process. This is a request for a reasonable accommodation. Please log in as a SHRM member before saving bookmarks. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. Organizations dont invest enough time looking for accommodation options and dont document where/how they have looked, said Loy. } The campus will explore reasonable accommodation options when an employee requests accommodation, or there is evidence that an employee may need accommodation due to a covered disability. This area cover the performance management review program 'Achieve Together' and the Foundational Skills program. If there is more than one option, the employer should consider the preference of the employee. hn UVmH nH u hn jD hn U endstream endobj startxref Step 3: Get Job Descriptions in Order If more accommodation ideas are needed, the employer can ask the employees medical provider for ideas in some cases medical professionals are able to suggest effective accommodations. Step 1 - Create a policy. If equipment is involved, then it needs to be properly installed and the employee needs to be trained in its proper use. "The interactive process is such an important step for employers," he told HR Dive, and "its totally in the employers control to get right or mess up. Here are seven common mistakes. $(document).ready(function () { Keep your message as short as possible. <> Members can get help with HR questions via phone, chat or email. JAN provides free, confidential technical assistance about job accommodations and the Americans with Disabilities Act (ADA). The employer needs to know what limitations are interfering with job performance and what specific work tasks are at issue. When an employee becomes unable to perform the essential, assigned duties of the currently-held position as a result of a covered disability, the Berkeley campus is committed to providing services to assist the employee. One good approach is to withhold the employees name and identifying information from outside resources. when deciding on whether a suggested accommodation is unreasonable or presents an undue hardship. 18-50053 (Dec. 12, 2018). 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. Professional Pointer: Employee use of FMLA leave, particularly when the leave taken is intermittent, can be one of the more challenging leave-related situations employers face. Accommodations Beyond Job Performance = Compliance and Inclusion, Changing a Supervisor as an Accommodation under the ADA, Cognitive Impairment and the Interactive Process, Good Deeds Not Punished: Dispelling the Idea of Precedent Setting and the ADA, Out with the Old, In with the NewSupervisor, Providing Temporary Accommodation Solutions, Recognizing an Accommodation Request Under the ADA. 1. $("span.current-site").html("SHRM MENA "); Employees last name], We have received your medical release from your doctor, [name] dated [date]. Before meeting with the employee, review the employee's current job description and any available While she did not submit a formal accommodation request, and the company had concerns that she would be unable to perform certain aspects of her job while at home, it nevertheless allowed her to leave the office in the early afternoon and work from her home for the remainder of the day. Any extension of this agreement beyond this will be decided on a case-by-case basis and will be dependent upon additional information from your doctor and upon the needs of the department at that time. Interactive Process - Freeman Rehabilitation Services Topics covered: HR management, compensation & benefits, development, HR tech, recruiting and much more. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. However, a recent federal court decision in Pennsylvania provides an example of the steps employers should follow after FMLA leave is used up to . 200 0 obj <>/Filter/FlateDecode/ID[<5D6158DB4243BF4189442C3921752F86>]/Index[184 39]/Info 183 0 R/Length 86/Prev 194116/Root 185 0 R/Size 223/Type/XRef/W[1 3 1]>>stream They are excellent. However, unless the disability or the need for accommodation is obvious, it is the responsibility of the employee to inform the supervisor that an accommodation is needed in order to perform the essential job functions, or to receive equal benefits and privileges of employment. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. Employers must initiate an "interactive process" when an applicant or employee requests reasonable accommodations. | 2 p.m. Accommodation options will be considered in discussions with the employee. The employee chose to apply for disability benefits and, when he did not return to work after one year, the hospital terminated his employment. Whether sending an email or letter, add a professional greeting that includes the person's name. Ask your employees if they have any thoughts on what might help. PDF Reasonable Accommodation - National Association of Letter Carriers AFL-CIO It's not a terribly complicated idea, but many employers fall short in the execution. Second, the employer must also have notice of the employees desire to obtain some type of accommodation. endstream endobj 189 0 obj <>stream Reasonable Accommodations for Employees and Applicants with - DOL {CL~j%"rx6M\dcxb9GG.bUxG++%[cO#wL42x%~Dzd@?qbFa9MKL]i@&K4KI11 3|&Sm(JX-:$|6e}J +qfR@I^t+QDUB>;&Z7t. hn U ji.3 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. (4) Consider the preference of the individual to be accommodated and select and implement the accommodation that is most appropriate for both the employee and the employer. This includes: Evaluating the employee's functional abilities and limitations; Exploring options available for an accommodation. If assistance is desired, please call the ACCES Consultant at (858) 888-8888. As part of this process, the EEOC recommends that employers: (1) Analyze the particular job involved and determine its purpose and essential functions; (2) Consult with the individual with a disability to ascertain the precise job-related limitations imposed by the individual's disability and how those limitations could be overcome with a reasonable accommodation; (3) In consultation with the individual to be accommodated, identify potential accommodations and assess the effectiveness each would have in enabling the individual to perform the essential functions of the position; and. %PDF-1.5 % Let HR Dive's free newsletter keep you informed, straight from your inbox. Schwarz offered the example of an employee who is chronically late for work and starts receiving write-ups and warnings. *&edtb?iB!+"M@"8hzMC|;q Make a request for an accommodation verbally, in writing, and/or using one of the above methods, to the RARC, the agency Workplace Equality Compliance Officer (WECO), a Deciding Official (typically the first line supervisor/manager), the servicing human resources office, or any agency employee connected with the job application process, as Employees can start the. The important thing for employers to remember is not to ask for too much information. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); These forms included medical inquiry, onboarding, trial, and other process forms. Featuring Executive Search, our new arm of recruiting just for our clients at UC Berkeley. SAMPLE FORM FORMONITORING ACCOMMODATIONS JAN offers the following sample form as a tool to assist in the interactive accommodation process. Learn more about your compensation, benefits and everything that goes into a Total Rewards package. The employee does not have to formally notify the supervisor or department in writing. ", "Has that triggered the need for an interactive process? That there was followup, but that it stayed away from medical details. Understand how these limitations impact their essential job functions. The law has helped hundreds of millions of workers in its relatively short history. Reasonable Accommodation | CRD - California The employee who requested the accommodation is often the best source of information about the disability and possible accommodations. When a request is made, employers should first look for a quick, simple and easy solution,Fram said. ", "On the communication side, one of the really useful tools is documentation," Schwarz said. 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 The Americans with Disabilities Act (ADA) requires covered employers to provide effective, reasonable accommodations for employees with disabilities. If it is an email, include an email signature with your contact information. | 1 p.m. 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. An employer also cannot ignore these things simply because an employee has been cleared to return to work with or without restrictions. If an employee is unable to perform the essential functions of his/her job even when provided reasonable accommodations (to the extent they exist), a Medical Separation may be the appropriate next step. The company denied her request, noting that her position required her to work from the office during normal business hours, including the afternoons. Assuming you return the requested information within the time frame noted above, we have scheduled an interactive meeting with you on [time] at [location]. Please purchase a SHRM membership before saving bookmarks. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Fh^F`h ", Often, supervisors don't recognize an accommodation request or ignore the request, according to Beth Loy, principal consultant with the Job Accommodation Network (JAN), a program funded by a contract with U.S. Department of Labor's Office of Disability Employment Policy. According to the EEOC, the interactive process is not always required under the ADA. ", Additionally, employers sometimes request or gather too much medical information, Loy said. Also, include a closing and a polite signature. ta SKN While employers may have policies instructing their employees to provide written notice of the need for an accommodation, the employer cannot ignore verbal, visual or other cues. V. If an Employee Declines an Offer of Accommodation, Procedure 36: Classification of Positions, Procedure 60: Layoff and Reduction in Time from Professional and Support Staff Career Positions, Procedure 84: Accommodations for Nursing Mothers, Reasonable Accommodation and the Interactive Process, Family and Medical Leaves of Absence (FMLA/CFRA/PDL), Berkeley Campus Policy/Procedure for Medical Separation, Procedure 84: Accommodations for Nursing Mothers. When the need isn't obvious, more information will be helpful when discussing accommodations. Once again, the company agreed and allowed her to work from home from March 2014 until December 2014. In December 2014, the plaintiff's new supervisor made it clear that in the absence of an approved accommodation under the ADA, she was expected to be in the office beginning in the new year. Consistent with departmental and campus practices, the supervisor may agree to an accommodation for essential functions, and to accommodation for, or elimination of, non-essential functions. Failure to engage in the interactive process does not, in and of itself, result in liability under the ADA. Since a new individual took over the ADA Coordinator position for a community college, an effectiveness check for all accommodation approvals is required. "If an employee mentions some type of limitation or problem, the supervisor should err on the side of caution and move to talk to the employee.". What Now? Members may download one copy of our sample forms and templates for your personal use within your organization. This process is initiated either by: The employee's written or verbal request for assistance, or. Dont assume that thecosts of providing the accommodationwill be too expensive. An employer's duty to initiate the 'interactive process' without a An important but often forgotten part of the interactive process is monitoring accommodations after they are in place. You can even have a trial period whenever theres doubt that an accommodation will be a good fit. ", Loy agreed that training for front-line supervisors is crucial: Not on the entire ADA," however:"focus on how to recognize when an employee is making an accommodation request.". If the need to accommodate is obvious, an employer cannot simply wait for an employee to expressly request an accommodation. If a Disability Does Not Allow an Employee to Perform One or More Essential Job Functions. For example, if an employee who recently started using a wheelchair indicates that he needs a ramp to get into the workplace, the disability and need for accommodation are obvious. This is a request for reasonable accommodation. endobj DOC JAN - Job Accommodation Network } ", "If youre trying to determine whether an accommodation will work, good documentation and particularly a good and accurate job description"are key, said Sencenbaugh. II. 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. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. Copyright %%EOF If the accommodation involves a schedule change or policy modification, then certain managers or supervisors may need to know of the change to effectively implement it. PDF The FEHA/ADA Interactive Process - Freeman Rehabilitation Services The following list provides some guidelines. Following . Some companies choose to assess employees by grading their performance in certain areas on a scale of one to 10. A Transfer Search, if appropriate, is a continuation of the Interactive Process. Essential functionsare the basic job duties that an employee must be able to perform. Please note that all such forms and policies should be reviewed by your legal . The Interactive Process can begin in a number of ways. You can begin providing accommodations during the construction of a ramp if there are inaccessible areas. Dont prematurely end the process,"Schwarz said. 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. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. After the full implementation of an accommodation, she follows-up with the employee in six weeks to ask if it is working. Also, employers "should not be getting periodic updates when the initial documentation states that the condition is not going to change. [See. Example D: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. Employee Letter and Email Examples - The Balance Careers |^| The interactive process isnt always necessary, though. The request had been sitting on one of the desks in the purchasing department. 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. The law requires that employees and employers engage in the Interactive Process. And while it's not a per se requirement, the law favors an "interactive process" for determining whether an effective accommodation is available. The EEOCs recommended starting point is to use an interactive process once a request has been made. A request for assistance or indication by the employee that some corrective measure may need to be taken can be made verbally and casually, as well as formally. HTMo0ZWb(zmAZ#yJ~$e9E&iIl,`4N4rg"YydwA[. It may also come as a result of administering FMLA leave or a workers compensation claim. PDF ADA Interactive Process for Reasonable Accommodation Checklist ` 2023 These ideas, along with any ideas from the employee and employees medical provider, must be documented. After complaining to her supervisor, the supervisor talked with HR. Contact the Disability and Rehabilitation Consultant immediately in the event of performance or attendance problems. <>>> A federal agency recently updated its accommodation policy. 3 0 obj var temp_style = document.createElement('style'); ADA regulations provide that in order to determine an appropriate reasonable accommodation, it may be necessary for the employer to initiate an informal, interactive process with the individual with a disability in need of the accommodation. 29 C.F.R. When the disability or the need for accommodation is obvious, the supervisor should inquire whether the employee has a need for assistance. Empower your employee to express concerns with their accommodations at any time. Phrases like reasonable accommodation, Americans with Disabilities Act, or disability aren't necessary. Never assume an employee is disabled. 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. Unnecessary delays are a violation of the ADA. DOCUMENTING CURRENT ACCOMMODATIONS 2 0 obj Learn more in our Cookie Policy. of Fair Employment & Housing (DFEH) expects employers to make up to three attempts, if needed, to contact the employee regarding participation in the interactive meeting. Topics covered: Culture, executive buy-in, discrimination, training, equal pay, and more. ("I need an anti-glare screen."). n\3C[% The company was able to edit these forms to fit its needs. But this all counts as the interactive process. ", Often, employers cause a breakdown in the interactive process because they're just not trying hard enough. In response, again citing anxiety and panic attacks resulting from heavy traffic, the plaintiff submitted an accommodation request for a modified in-office schedule, from 7 a.m. to 2 p.m., working from home in the afternoons. accommodation and refused to participate in the interactive process); Steffes v. Stepan Co., 144 F.3d 1070, 1073 (7th Cir. While the company found that her request did not technically qualify as an ADA accommodation, it nevertheless granted it. %PDF-1.5 o @ This documentation may also include the medical practitioners suggestions about potential accommodations. Pay careful attention to medical-related issues employees bring to your attention. 1 0 obj <>/Metadata 73 0 R/ViewerPreferences 74 0 R>>