LinkedIn and 3rd parties use essential and non-essential cookies to provide, secure, analyze and improve our Services, and to show you relevant ads (including professional and job ads) on and off LinkedIn. 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. ADA's Interactive Process Is a Two-Way Street - SHRM One good approach is to withhold the employees name and identifying information from outside resources. ", Get the free daily newsletter read by industry experts, Photo illustration: Shaun Lucas/Industry Dive;Greg Gibson/AP. Need help with a specific HR issue like coronavirus or FLSA? If you are claiming undue hardship, you need to be able to articulate why youve met that standard. Federal Appeals Court Emphasizes Importance of Interactive Process in Copyright The interactive process will look different for everyone. While the company found that her request did not technically qualify as an ADA accommodation, it nevertheless granted it. Reasonable Accommodations for Employees and Applicants with - DOL Notice of a disability alone is not enough to trigger the obligation to initiate the interactive process. } The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. <> ", "When implementing an accommodation, supervisors sometimes disclose medical information,"Loy said. 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. Once youve identified an accommodation request, its best to take action immediately. "You rarely see an . The human resources director informed him that the company policy is to only ask for what is absolutely necessary. Topics covered: HR management, compensation & benefits, development, HR tech, recruiting and much more. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. c'`WpPs%<8 I\`aC~",&,b)qo)&ZG*#TFL*#QTy`^`t"d+p[|:n.Hmb]7Dx=>J ?|wadG 1fO7,m/I?viwMkO % The employee who requested the accommodation is often the best source of information about the disability and possible accommodations. After complaining to her supervisor, the supervisor talked with HR. Finally, the employee says, "I'm really having trouble getting out of bed in the morning. 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. endobj Resources: Vocational Rehabilitation Counselor, Employee Relations Consultant, Department Human Resources Manager, Employment Analyst, Benefits staff. %PDF-1.5 % @ A B U V n o z { Because accommodations are made on a case-by-case basis, these examples may not be effective for every workplace but give you an idea about the types of accommodations that are possible. What Now? Knowing When to Request Medical Information, What does "Undue Hardship" mean? To request permission for specific items, click on the reuse permissions button on the page where you find the item. Topics covered: Pay & bonuses, salary history, pay transparency, raises, total rewards, and more. The following situations and solutions are real-life examples of accommodations that were made by JAN customers. Topics covered: Culture, executive buy-in, discrimination, training, equal pay, and more. 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. This includes information on the essential job functions your employee can and cant do. Please log in as a SHRM member before saving bookmarks. 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. Please log in as a SHRM member. &. Keep your message as short as possible. The request had been sitting on one of the desks in the purchasing department. Other resources, such as the Job Accommodations Network (JAN), or your employee's medical provider, can give suggestions. Remember to only ask for the necessary medical information. 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. 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 Americans with Disabilities Act (ADA) not only prohibits discrimination based on disability, but it also requires that employers provide workers with disabilities reasonable accommodations. A Deconstructive Series for ADA Terminology, What to Include in Your ADA/Accommodation Toolkit, California Reasonable Accommodation Package, EEOC's Reasonable Accommodation, Establishing Procedures to Facilitate the Provision of, JAN Just-in-Time Module: Interactive Process, U.S. 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. This notice does not need to disclose the employees specific condition. Your session has expired. Employees who are receiving accommodations need to understand that they should let their employers know if there are changes or problems with the accommodation and who specifically to contact. 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. |^| 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. This area cover the performance management review program 'Achieve Together' and the Foundational Skills program. Example D: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. Assuming the proper criteria are met, the next step is for the employer and employee to engage in an "interactive process". 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 The accommodation [will begin or began] on [date] and end based upon future doctor visits. All rights reserved. $('.container-footer').first().hide(); 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. This is a request for a reasonable accommodation. 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. Understanding The ADA's Interactive Process - Insperity However, the employer gets to choose among effective options and can choose, for example, the lowest cost accommodation. Notice may come from the employee directly, or from the employees family members, friends, health professionals or other representatives. ", 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. 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.]. If equipment is involved, then it needs to be properly installed and the employee needs to be trained in its proper use. By using this site, you accept and agree to be bound by these terms. 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. EEOC Informal Discussion Letter endstream endobj 188 0 obj <>stream (Marginal functionsare responsibilities that, once altered or removed, dont change the primary purpose of the job.) 9o!S&GdpGm!xXrpyMjmuQw) 4=+Ah}S:2u Adobe PDF viewer is required for some of these documents. Initially, the plaintiff's FMLA paperwork indicated that she required the ability to leave early when she experienced her traffic-related anxiety "flare-ups." Upon learning that the employee may need an accommodation, the supervisor should review job functions and qualifications for the position held by the employee. Communication is especially important if youve provided any assistive technology or equipment. Please confirm that you want to proceed with deleting bookmark. As a result, the company approved the plaintiff's use of one hour of FMLA leave per week for a period of six months. USE OWN DEPARTMENT LETTERHEAD SAMPLE: SEND TO EMPLOYEE WHO - California The following list provides some guidelines. The following persons will be present at this meeting: [names of meeting participants]. 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). Inform appropriate people in the department what employees restrictions are and that the employee cannot exceed them. If it is a written letter, include a handwritten signature. ", "Document the whole thing from start to finish either you did the process or you didnt,"he said. JAN provides free, confidential technical assistance about job accommodations and the Americans with Disabilities Act (ADA). In order for the practitioner to provide a knowledgeable recommendation, the job description with the essential assigned duties annotated and a PEM form for the job should be provided to the employee to give to her/his practitioner. The use of these forms does not insulate a user from liability or create a presumption that discrimination did not occur. Trello. 4 0 obj <>>> 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. 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;}'; And while it's not a per se requirement, the law favors an "interactive process" for determining whether an effective accommodation is available. 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. 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. PDF Reasonable Accommodation - National Association of Letter Carriers AFL-CIO +R^_C%342hE0qmQSK[ x e e e e e y y y 8 y * F f* h* h* h* h* h* h* - / NOTE: These procedures supplement relevant personnel policies and collective bargaining agreements, and should be read in conjunction with those provisions. The interactive process can begin when the employee makes the request. There areperksto creating a company culture that welcomes employees with disabilities. You can even have a trial period whenever theres doubt that an accommodation will be a good fit. var temp_style = document.createElement('style'); The ability of employers and their managerial staff to recognize requests is important. Employee Performance Review (With Sample) - Indeed You can update your choices at any time in your settings. 3 0 obj A human resources assistant was working with an electrician who needed accommodations related to seizures. That way, no one is surprised when the accommodation is revisited down the road. The Central Services teams provide critical HR-related services to nearly all of the Berkeley campus, including records management and visa documentation. No Past Exhibit Booths for Interactive Process. To begin this process, the company downloaded forms from JANs A to Z: Sample Forms. Sometimes employers are not sure whether an accommodation will work and are afraid if they try it out they will be locked in forever. DOC JAN - Job Accommodation Network ", The employees request. The employee chose to apply for disability benefits and, when he did not return to work after one year, the hospital terminated his employment. The employer can switch the marginal functions performed by these two employees. 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. As a part of this update, disability program managers have to touch base with the Job Accommodation Network when seeking accommodation ideas. Then select the most appropriate accommodation for you and your employee. Evaluate whether the employee can perform the job safely. Employers that follow the technical requirements of the statute, demonstrate flexibility and document their compliance put themselves in the best position in the event of litigation. Have employee sign the Medical Release Form (Figure 5) and provide the job description that lists the essential job duties of the position. %PDF-1.5 ("I need an anti-glare screen."). 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. (Supervisors should stay out of medical details as much as possible, Fram said.). Keep it brief. Determine if any repair, maintenance, or replacement is necessary to any equipment. 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. {CL~j%"rx6M\dcxb9GG.bUxG++%[cO#wL42x%~Dzd@?qbFa9MKL]i@&K4KI11 3|&Sm(JX-:$|6e}J +qfR@I^t+QDUB>;&Z7t. It is understood that any problems that may arise during this transitional work period should be discussed openly and supportively. } Other factors suggest that a new accommodation is needed and it is time to re-initiate the Interactive Process. {l[]vvr=?g6|j''Gu,R*$]=~tn~YfNgr2GU%lhE~z$~~| X,jD^jC5ySEiyHLHN>Od>=*'wQ5V1no}w vs_V\FG:FsZv7B,?/ iZ. How to Create a Robust Reasonable Accommodation Process - SHRM After an employee requests accommodations, the employer must take the appropriate steps. The interactive process can begin when the employee makes the request. It's not a terribly complicated idea, but many employers fall short in the execution. l&#$/ h o u x Provide employee with Letter regarding Interactive Process which includes deadlines for paperwork. 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. 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. But the FMLA doesnt provide paid leave, and employers say it can be difficult to administer. %%EOF A Department should consider the factors listed in Section III. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { n\3C[% "), That the supervisor said, "How can I help you? "If there is one, go ahead and just do it." Once an accommodation has been chosen, it is time to implement the accommodation. Sometimes, however, the employer must initiate the interactive process without receiving a request for accommodation from the employee. For additional information about the interactive process, contact JAN directly to speak with a consultant or visit AskJAN.org. 7 ways to screw up the ADA's interactive process | HR Dive This includes efforts at reasonable accommodation that will allow the employee to perform the essential assigned duties of her/his position. Areasonable job accommodationmay include: Heres an example of a reasonable job accommodation: A cleaning crew works in an office building. However, a recent federal court decision in Pennsylvania provides an example of the steps employers should follow after FMLA leave is used up to . 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. " Virtual & Washington, DC | February 26-28, 2023. 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. 2 0 obj 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. 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. Assess the operational needs of the department, considering issues such as: The number of persons employed in the department; The number, type and locations of the units within the department; The type of operation, including the composition, structure, and functions of its workforce, its geographic separateness, and the administrative relationship of the department to the campus; The impact of the accommodation on the operation of the department, including the impact on the ability of other employees to perform their duties and the impact on the department's ability to conduct business; The overall financial resources of the UC system; The impact of the accommodation on campus operations. 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. Box 370, San Carlos CA 94070 Phone: 650-595-4447 ~ Fax: 866-804-0574 dfreeman@freemanrehabilitationservices.com Interactive Process Here are links to a sample interactive process letter to employees and charts. So it's important to note that your employee's request doesn't have to be in writing. 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. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. $("span.current-site").html("SHRM MENA "); An employee submitted an accommodation request for an ergonomic chair due to a back injury. that employee's ability to perform the duties of his or her position, of the various options available to the employee, and to invite the employee to engage in an interactive process to develop an appropriate plan to resolve the employee's work-related medical issues. Sample Forms - AskJAN.org Employee Signature:__________________________________Date:____________ Supervisor Signature:__________________________________Date:____________ # % & = > ?
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