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. 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. An employee submitted an accommodation request for an ergonomic chair due to a back injury. What was the motivation, and did the employer meet its duty?, "The interactive process should be ended only after people have taken a hard look and decided theres really nothing else to say about the matter. 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 is a request for a reasonable accommodation. PDF ADA Interactive Process for Reasonable Accommodation Checklist An employer causing a breakdown in these informal discussions or refusing to engage in it altogether can serve as evidence of discrimination. 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! Under the regulations, the interactive process obligation is triggered by knowledge of the need for an accommodation. }); if($('.container-footer').length > 1){ The important thing for employers to remember is not to ask for too much information. 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Employers must also act promptly to initiate this discussion. @ A B U V n o z { If the accommodation involves a schedule change or policy modification, then certain managers or supervisors may need to know of the change to effectively implement it. endstream endobj 189 0 obj <>stream The Americans with Disabilities Act (ADA) requires covered employers to provide effective, reasonable accommodations for employees with disabilities. If the employee refuses to make a good faith effort to perform the essential functions of his/her job using a reasonable accommodation offered by the supervisor, the employee and supervisor should re-initiate the Interactive Process, working with the department and the Vocational Rehabilitation group, and Employee Relations to identify alternatives. The Central Services teams provide critical HR-related services to nearly all of the Berkeley campus, including records management and visa documentation. Notice of a disability alone is not enough to trigger the obligation to initiate the interactive process. Following the birth of her child in December 2013, the plaintiff took 12 weeks of Family and Medical Leave Act (FMLA) leave. Interactive Process Freeman Rehabilitation Services Debbie Freeman P.O. The procedures apply for employees covered by the Americans with Disabilities Act (ADA), The California Fair Employment and Housing Act and/or Sections 503/504 of the 1973 Rehabilitation Act. EEOC Informal Discussion Letter In other cases, they may not be able to suggest ideas, but may be able to say whether ideas under consideration will help overcome the employees limitations. Read more {CL~j%"rx6M\dcxb9GG.bUxG++%[cO#wL42x%~Dzd@?qbFa9MKL]i@&K4KI11 3|&Sm(JX-:$|6e}J +qfR@I^t+QDUB>;&Z7t. The marginal functions of a second crew member include cleaning the small kitchen in the employee's lounge, which is something the first crew member can perform. Communication is especially important if youve provided any assistive technology or equipment. After six months, she hadnt heard anything. Example:Your employee tells you theyre having issues getting to work on time because of a medical treatment they are receiving. One way an employer can ensure effective communication with an employee who has requested an accommodation is to promptly schedule a meeting to discuss the employee's request. 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. n\3C[% PDF Reasonable Accommodation - National Association of Letter Carriers AFL-CIO %PDF-1.5 Notice may also come in the form of objective proof, such as sudden or increasing inability to perform job functions or other physical manifestations of symptoms that are readily observable to others in the workplace. Sometimes, however, the employer must initiate the interactive process without receiving a request for accommodation from the employee. 222 0 obj <>stream +R^_C%342hE0qmQSK[ x The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. Please note that all such forms and policies should be reviewed by your legal . DOC JAN - Job Accommodation Network ET, Presented by studioID and Express Employment Professionals, FMLA: The 30-year legacy of a celebrated and complicated employment law. For more information on Reasonable Accommodation and the Interactive Process, please see PPSM Policy 81 and relevant collective bargaining agreements. 1 0 obj This is not the case employers are free to try accommodations and stop them if they do not work. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. ADA Best Practices For Employers Engaging in an Interactive Process Sometimes the supervisor just doesn't like the employee and doesn't want to help the employee,"he said. 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. Remember to only ask for the necessary medical information. If it is a written letter, include a handwritten signature. Be open to doing things a different way. 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. A large company wanted to standardize all of the accommodation requests it receives. The company did not receive information in response to this request. Although he can perform his essential functions without problems, he cannot perform the marginal function of sweeping the steps located throughout the building. The California Fair Employment and Housing Act requires employers of five or more employees to provide reasonable accommodation for individuals with a physical or mental disability to apply for jobs and to perform the essential functions of their jobs unless it would cause an undue hardship. Sometimes employers are not sure whether an accommodation will work and are afraid if they try it out they will be locked in forever. Make copies of both forms and file in Employee Step 3: Determine if the Accommodation Requested is So when, exactly, does an employer have adequate or sufficient notice to initiate the interactive discussion without receiving a request for accommodation from the employee? But failure to engage in the interactive process may prevent an employee from receiving a reasonable accommodation, and may therefore result in liability under the ADA. There areperksto creating a company culture that welcomes employees with disabilities. This includes efforts at reasonable accommodation that will allow the employee to perform the essential assigned duties of her/his position. Whether sending an email or letter, add a professional greeting that includes the person's name. And if still more ideas are needed, then the employer should consult with outside resources such as JAN, vocational rehabilitation, rehabilitation engineers, and disability-related organizations. Court decisions interpreting the ADA provide some general principles. The interactive process will look different for everyone. 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 following persons will be present at this meeting: [names of meeting participants]. The law requires that employees and employers engage in the Interactive Process. He does not link his need for the new chair with a medical condition. 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. endobj Reasonable Accommodation | CRD - California A federal agency recently updated its accommodation policy. Let HR Dive's free newsletter keep you informed, straight from your inbox. "Focus on disclosing only information that is need-to-know. Employee Handbook Examples You Should Steal From - Workest h\ CJ ET, Webinar No Upcoming Events for Interactive Process. It is with the understanding that after each future doctor visits you will provide a medical update indicating either a release to perform the essential functions of your position or information describing updated functional limitations, so that a determination can be made regarding continuation of the temporary accommodation. Select Accept to consent or Reject to decline non-essential cookies for this use. Once the employer has identified the employees limitation that is causing a problem and has identified what that problem is, then the employer is ready to explore accommodation options. % Schwarz offered the example of an employee who is chronically late for work and starts receiving write-ups and warnings. "Often the request doesn't come until, for example, theres a performance management action thats going on." <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> {l[]vvr=?g6|j''Gu,R*$]=~tn~YfNgr2GU%lhE~z$~~| X,jD^jC5ySEiyHLHN>Od>=*'wQ5V1no}w vs_V\FG:FsZv7B,?/ iZ. [SHRM members-only toolkit:Accommodating Employees' Disabilities], In holding that the ADA discrimination and FMLA retaliation claims could not proceed to trial, the court noted the company's legitimate basis for its termination decisionnamely, excessive absenteeism and the well-established principle that "an employee's failure to show up for work is a legitimate reason for firing her." "Employers need only enough to show (1) that theres a disability, and (2) the employee needs an accommodation." This includes: Evaluating the employee's functional abilities and limitations; Exploring options available for an accommodation. + : UNIVERSITY OF CALIFORNIA, SAN DIEGO EMBED Word.Picture.6 SANTA BARBARA ( SANTA CRUZ BERKELEY ( DAVIS ( IRVINE ( LOS ANGELES ( MERCED ( RIVERSIDE ( SAN DIEGO ( SAN FRANCISCO Reasonable Accommodation Agreement Date: Dear [Mr./Ms. Organizations dont invest enough time looking for accommodation options and dont document where/how they have looked, said Loy. Welcome to the newest section of our site - Talent Acquisition! 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. Phrases like reasonable accommodation, Americans with Disabilities Act, or disability aren't necessary. Example C: A new employee, who uses a wheelchair, informs the employer that her wheelchair cannot fit under the desk in her office. Assess the effectiveness of the accommodation(s) in enabling the employee to perform the essential functions of the job. An employer's duty to initiate the 'interactive process' without a We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. The employer can switch the marginal functions performed by these two employees. Members may download one copy of our sample forms and templates for your personal use within your organization. You can update your choices at any time in your settings. 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. ", "When implementing an accommodation, supervisors sometimes disclose medical information,"Loy said. IV. <> This is the time to brainstorm and consider what might work. 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. accommodation and refused to participate in the interactive process); Steffes v. Stepan Co., 144 F.3d 1070, 1073 (7th Cir. 2023 Please read our Cookie Notice. Please read our Privacy Notice, Terms of Use, Cookie Notice, CCPA Notice, and Website Accessibility Policy. Featuring Executive Search, our new arm of recruiting just for our clients at UC Berkeley. $("span.current-site").html("SHRM MENA "); You can begin providing accommodations during the construction of a ramp if there are inaccessible areas. Topics covered: National employment laws, harassment, accommodations, training, and more. The use of these forms does not insulate a user from liability or create a presumption that discrimination did not occur. Once an accommodation request has been received, the employer should gather whatever information is necessary to process the request. | 2 p.m. ' The Interactive Process can begin in a number of ways. 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. Once accommodation options have been explored, the employer must choose what accommodation to implement. Trello. Thats because their request for a new chair isnt related to a medical condition. To begin this process, the company downloaded forms from JANs A to Z: Sample Forms. var currentUrl = window.location.href.toLowerCase(); Copyright [See. Other options, such as a leave of absence or reduced schedule, exist and should be evaluated in light of what is permitted under policy and contract. 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At this step, employers should be open to new ideas and new ways of doing things. 4 0 obj 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. 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. However, they may be a useful tool for both employers and employees. 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. 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. 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. Employees can start the interactive process using any form, including verbal communication. 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. If equipment is involved, then it needs to be properly installed and the employee needs to be trained in its proper use. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. That process requires "bilateral cooperation and communication," and requires both parties to engage in that process "in good faith." else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { One good approach is to withhold the employees name and identifying information from outside resources. ", Often, employers cause a breakdown in the interactive process because they're just not trying hard enough. Reasonable Accommodation - National Association of Letter Carriers AFL-CIO It may also come as a result of administering FMLA leave or a workers compensation claim. After an employee requests accommodations, the employer must take the appropriate steps. 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. <>>> Knowing When to Request Medical Information, What does "Undue Hardship" mean? Please purchase a SHRM membership before saving bookmarks. After Completing FMLA, The Employer Uses The Interactive Process And To cope with a paradoxical labor market, HR pros still squarely focused on recruiting may need to re-evaluate role requirements, inclusion initiatives and more. Make use of words in such a way that . A lot of times we can find an accommodation., Fram agreed: When you get into anyof this, call JAN, he advised. Once youve identified an accommodation request, its best to take action immediately. endobj Even if a supervisor harbors no ill will toward an employee, inadequate training can cause things to fall apart. For example, if an employee with a non-visible disability indicates she is having trouble completing her work tasks because of her disability, the employer does not have enough information to provide effective accommodations. But this all counts as the interactive process. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to persons with disabilities unless doing so would impose an undue hardship or pose a direct threat to the safety of the employee or others. $('.container-footer').first().hide(); Evaluate whether the employee can perform the job safely. A Transfer Search is a process that may be available to employees who cannot perform the essential functions of their own position for an extended period of time, but are able to work in other jobs. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. As a part of this update, disability program managers have to touch base with the Job Accommodation Network when seeking accommodation ideas. The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation. 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 ability of employers and their managerial staff to recognize requests is important. There should be no ambiguity in the explanation of the change. z0#D0v[{qL*Aoco; tY-bGG[!8^N^1swy QZU^BL@z6xWbt aQ"(4^+(4`V@91&jE,_C5lRqk_h:f.tlZr.9gO(t"w#\O #*^]]7j]" :It)Rf!n', No Past In-Person Trainings for Interactive Process. Initially, the plaintiff's FMLA paperwork indicated that she required the ability to leave early when she experienced her traffic-related anxiety "flare-ups." Accommodation options will be considered in discussions with the employee. ADA's Interactive Process Is a Two-Way Street - SHRM Employee Performance Review (With Sample) - Indeed 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. 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. Take the employee's expressed preferences into consideration. Because changes occur, employers may need to periodically check on the ongoing effectiveness of accommodations. HSmk0nv^- IA}(uNf:$+ifaGM0b_C After this, one person was assigned responsibility for making sure an accommodation request is processed so the request is not lost on someones desk. PDF The FEHA/ADA Interactive Process - Freeman Rehabilitation Services The ADA requires an "interactive process" between a disabled employee and her employer in the search for a reasonable accommodation. On Feb. 24, 2015, the company issued the plaintiff a written warning as a result of poor attendance unrelated to FMLA-approved absences and advised that failure to improve her attendance would result in disciplinary action. 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. 2 0 obj A JAN consultant explained the interactive process, that the employee's disclosure is a request for accommodation, and shared JAN's Sample Reasonable Accommodation Request Form for Employers to provide to the employee, in order to clarify and document her accommodation needs. A Transfer Search, if appropriate, is a continuation of the Interactive Process. If a Disability Does Not Allow an Employee to Perform One or More Essential Job Functions. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Employees Responsibilities: Work within the written medical limitations Provide medical updates of functional limitations If taken off work by your doctor, notify supervisor and [name], ACCES Specialist. 184 0 obj <> endobj e e e e e y y y 8 y * F f* h* h* h* h* h* h* - / Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem." The human resources director informed him that the company policy is to only ask for what is absolutely necessary. hn U ji.3 While the company found that her request did not technically qualify as an ADA accommodation, it nevertheless granted it. The following situations and solutions are real-life examples of accommodations that were made by JAN customers. l&#$/ h o u x We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. So it's important to note that your employee's request doesn't have to be in writing. 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. 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. After the full implementation of an accommodation, she follows-up with the employee in six weeks to ask if it is working.