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! A Department should consider the factors listed in Section III. "I advise employers to bend over backwards to help somebody who is saying, 'I need some help'for something that might possibly be a disability, whether or not you like the person,"Fram said. But the supervisor should have enough training to know when its time to go to HR. Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem." DOCUMENTING CURRENT ACCOMMODATIONS USE OWN DEPARTMENT LETTERHEAD SAMPLE: SEND TO EMPLOYEE WHO - California 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. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Step 3: Get Job Descriptions in Order {l[]vvr=?g6|j''Gu,R*$]=~tn~YfNgr2GU%lhE~z$~~| X,jD^jC5ySEiyHLHN>Od>=*'wQ5V1no}w vs_V\FG:FsZv7B,?/ iZ. Topics covered: Culture, executive buy-in, discrimination, training, equal pay, and more. You can begin providing accommodations during the construction of a ramp if there are inaccessible areas. There should be no ambiguity in the explanation of the change. ", "Clarity is important," he said, "and getting things in writing adds to clarity. 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. You dont want the front-line supervisor feeling like he needs to answer this question,"Schwarz said, and "it's not realistic that every manager/supervisor will become an expert in the interactive process. "Written follow-up in both directions that confirms what the discussion has been. ADA Best Practices For Employers Engaging in an Interactive Process For example, if an employee has a couple of doctors appointments during the next few weeks and needs to come in a little late, let the person do it. Other factors suggest that a new accommodation is needed and it is time to re-initiate the Interactive Process. temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; If it is decided that a proposed accommodation is unreasonable or presents an undue hardship, the Department should re-initiate the Interactive Process with the employee to try and arrive at a mutually agreeable alternative to the originally proposed accommodation. Federal Appeals Court Emphasizes Importance of Interactive Process in That process requires "bilateral cooperation and communication," and requires both parties to engage in that process "in good faith." 222 0 obj <>stream ", 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.". In some cases, an accommodation stops being effective for various reasons such as: the employees limitations change, workplace equipment changes, the job changes, the workplace itself changes, or the accommodation becomes an undue hardship for the employer. Evaluate whether the employee can perform the job safely. But, if you have an employee request a new chair because its uncomfortable, it wouldnt be a request for reasonable accommodations. Knowing When to Request Medical Information, What does "Undue Hardship" mean? When the disability or the need for accommodation is obvious, the supervisor should inquire whether the employee has a need for assistance. Once youve identified an accommodation request, its best to take action immediately. EEOC Informal Discussion Letter Reasonable Accommodation and the Interactive Process In many instances, the appropriate accommodation is obvious and therefore it is not necessary to go through a step-by-step process. Thats because their request for a new chair isnt related to a medical condition. After exhausting her FMLA leave in March 2014, she asked to work from home due to difficulties transitioning her child to bottle feeding. This is the time to brainstorm and consider what might work. HSmk0nv^- IA}(uNf:$+ifaGM0b_C The sample policy, written by a law firm, notes that it is intended to aid employers in meeting their obligations under the Americans with Disabilities Act (ADA), as amended, and states that the accompanying sample forms are for "informational, educational, and/or training purposes only." Your Employee & Labor Relations team now supports both represented and non-represented employees. "Interactive Process Checklist" any time they talk to the employee regarding these issues. Ultimately, she refused this proposal and instead sought intermittent FMLA leave that would allow her to leave at 2 p.m., and she immediately adjusted her schedule accordingly. Then select the most appropriate accommodation for you and your employee. 4 0 obj The use of these forms does not insulate a user from liability or create a presumption that discrimination did not occur. In response, the company requested additional information regarding the number of episodes the plaintiff experienced per week and the duration of the episodes. % The most important way to monitor accommodations is to encourage ongoing communication. The law requires that employees and employers engage in the Interactive Process. Copyright document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. h* e N N N h* e e }* N e e f* N f* r ) T * y d b) R* * 0 * p) 0 v p 0 * 0 e * D 8 t h* h* * N N N N 0 " Before meeting with the employee, review the employee's current job description and any available The same day, the plaintiff left work early, resulting in the company's issuance of a final written warning. 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. Once again, the company agreed and allowed her to work from home from March 2014 until December 2014. The interactive design is user-friendly and highly engaging. Work with your employee to understand their specific challenges or limitations. A lot of times we can find an accommodation., Fram agreed: When you get into anyof this, call JAN, he advised. A Transfer Search, if appropriate, is a continuation of the Interactive Process. 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. 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. 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. If equipment is involved in the accommodation, someone may need to be assigned to perform maintenance or upgrades as needed. By using this site, you accept and agree to be bound by these terms. Please log in as a SHRM member before saving bookmarks. As a part of this update, disability program managers have to touch base with the Job Accommodation Network when seeking accommodation ideas. Equal Employment Opportunity Commission, For more training and information on the interactive process, see JAN's Just-In-Time Training Module ", For information on the interactive process in relation to service providers, see, No Blog Posts available for Interactive Process. 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. Learn more about your compensation, benefits and everything that goes into a Total Rewards package. The following is a brief summary of the Interactive Process: Step 1 Invite the employee to participate in assessing return-to-work options and alternatives The CA Dept. [See. endobj Understand how these limitations impact their essential job functions. 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. For more information on Reasonable Accommodation and the Interactive Process, please see PPSM Policy 81 and relevant collective bargaining agreements. &. According to the EEOC, an individual may use "plain English" and need not mention the ADA or use the phrase "reasonable accommodation" when requesting an accommodation. An important but often forgotten part of the interactive process is monitoring accommodations after they are in place. 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. 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. To help determine effective accommodations, the Equal Employment Opportunity Commission (EEOC), recommends that employers use an interactive process, which simply means that employers and employees with disabilities who request accommodations work together to come up with accommodations. Setting expectations at the beginning of the process could help reduce employees' apprehension and cut down on unnecessary phone calls and e-mails. 184 0 obj <> endobj 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. hb```TB ea8 ,2^2o-r `{ iP~ |qW |t3utWD1$1}I? Reviewing current vacancies within the department. This includes information on the essential job functions your employee can and cant do. II. 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. A federal agency recently updated its accommodation policy. 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. The employee who requested the accommodation is often the best source of information about the disability and possible accommodations. The request doesnt have to include any specific terminology. The DFEH has created a sample Request for Reasonable Accommodation package to assist employers and employees in engaging in the interactive process. 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." ADA Reasonable Accommodation Interactive Process Letter Also, include a closing and a polite signature. To begin this process, the company downloaded forms from JANs A to Z: Sample Forms. Reasonable Accommodation - National Association of Letter Carriers AFL-CIO This tech company uses their own platform to house their employee handbook, which they call an "employee manual.". 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. However, the company offered her the option of leaving work at 4 p.m. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. No Remote Monthly Series Training for Interactive Process. c'`WpPs%<8 I\`aC~",&,b)qo)&ZG*#TFL*#QTy`^`t"d+p[|:n.Hmb]7Dx=>J ?|wadG 1fO7,m/I?viwMkO % If there is any question concerning the nature of the limitation or appropriateness of an accommodation being considered, the supervisor should consult with the Vocational Rehabilitation Counselor in University Health Services. 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. 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. Topics covered: National employment laws, harassment, accommodations, training, and more. Please enable scripts and reload this page. 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. A large company wanted to standardize all of the accommodation requests it receives. How to engage in the 'Interactive Process' with an employee ` if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { 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. Please read our Cookie Notice. 4 If a Department determines that an employee-requested accommodation is reasonable, the accommodation should be implemented as soon as possible. The following persons will be present at this meeting: [names of meeting participants]. However, they may be a useful tool for both employers and employees. }); if($('.container-footer').length > 1){ 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 Remember when consulting with outside resources, employers must comply with the confidentiality rules of the ADA. 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. 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. The checklist and any notes should be maintained in a separate confidential medical file for that employee. Resources: Vocational Rehabilitation Counselor, Employee Relations Consultant, Department Human Resources Manager, Employment Analyst, Benefits staff. 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. Employers must initiate an "interactive process" when an applicant or employee requests reasonable accommodations. Please note that all such forms and policies should be reviewed by your legal . That way, no one is surprised when the accommodation is revisited down the road. For additional information about the interactive process, contact JAN directly to speak with a consultant or visit AskJAN.org. This area cover the performance management review program 'Achieve Together' and the Foundational Skills program.
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