Learn more in our Cookie Policy. ", "Clarity is important," he said, "and getting things in writing adds to clarity. 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. This includes efforts at reasonable accommodation that will allow the employee to perform the essential assigned duties of her/his position. endobj ", "On the communication side, one of the really useful tools is documentation," Schwarz said. This is an area where difficulties often arise, as this process imposes duties on both the employer and the employee. *&edtb?iB!+"M@"8hzMC|;q 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. ", Often, employers cause a breakdown in the interactive process because they're just not trying hard enough. Therefore, any time an employee indicates that he/she is having a problem and the problem is related to a medical condition, the employer should consider whether the employee is making a request for accommodation under the ADA. For additional information about the interactive process, contact JAN directly to speak with a consultant or visit AskJAN.org. > g  f bjbj 4 X " 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. Knowing When to Request Medical Information, What does "Undue Hardship" mean? Copyright {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. Accommodation options will be considered in discussions with the employee. The Americans with Disabilities Act (ADA) requires covered employers to provide effective, reasonable accommodations for employees with disabilities. This step is very important to the success of an accommodation. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. 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. 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. 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. 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. The company denied her request, noting that her position required her to work from the office during normal business hours, including the afternoons. Let HR Dive's free newsletter keep you informed, straight from your inbox. The use of these forms does not insulate a user from liability or create a presumption that discrimination did not occur. 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. You can update your choices at any time in your settings. There areperksto creating a company culture that welcomes employees with disabilities. + : 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. (For example, "I'm getting headaches from the glare from my computer screen. "Interactive Process Checklist" any time they talk to the employee regarding these issues. III. Circumstances or the effectiveness of accommodations can change over time. Once an accommodation request has been received, the employer should gather whatever information is necessary to process the request. But the supervisor should have enough training to know when its time to go to HR. Once accommodation options have been explored, the employer must choose what accommodation to implement. A good idea is to include a discussion of the interactive process as part of your ADA policy. IV. Please note that all such forms and policies should be reviewed by your legal . If there is more than one option, the employer should consider the preference of the employee. If the need to accommodate is obvious, an employer cannot simply wait for an employee to expressly request an accommodation. Reasonable Accommodations for Employees and Applicants with - DOL if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { 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. 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. $(document).ready(function () { 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. However, in keeping with the spirit of the interactive process, an employee who is struggling to adequately perform should be asked if there is any type of assistance that might enable the employee to better perform his/her job functions and, along with other material describing employee support resources, the employee should be given information about campus policies/procedures applicable to employees with disabilities. Notice may come from the employee directly, or from the employees family members, friends, health professionals or other representatives. If it is a written letter, include a handwritten signature. 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." Your Employee & Labor Relations team now supports both represented and non-represented employees. If there is no solution, the best thing is your documentation showing that you did explore accommodation options. If equipment is involved, then it needs to be properly installed and the employee needs to be trained in its proper use. Sometimes, however, the employer must initiate the interactive process without receiving a request for accommodation from the employee. Interactive Process Freeman Rehabilitation Services Debbie Freeman P.O. If the employee is not eligible for (or chooses not to select) medical separation, the employee may be involuntarily terminated for non-performance. There should be no ambiguity in the explanation of the change. This is a request for reasonable accommodation. endobj endobj Time Warner Cable Texas LLC hired the plaintiff in October 2012 as a workforce analyst. Reasonable Accommodation and the Interactive Process DOC JAN - Job Accommodation Network 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. Employee Letter and Email Examples - The Balance Careers But this all counts as the interactive process. 222 0 obj <>stream Make use of words in such a way that . Understanding The ADA's Interactive Process - Insperity Using the Interactive Process to Reach a Reasonable Accommodation. Before meeting with the employee, review the employee's current job description and any available An important step in the performance review process is choosing the standard for the evaluation. You can begin providing accommodations during the construction of a ramp if there are inaccessible areas. It is understood that any problems that may arise during this transitional work period should be discussed openly and supportively. This agreement should be documented. 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. Inform appropriate people in the department what employees restrictions are and that the employee cannot exceed them. The company was able to edit these forms to fit its needs. 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. If assistance is desired, please call the ACCES Consultant at (858) 888-8888. @ A B U V n o z { ADA Best Practices For Employers Engaging in an Interactive Process Failure to engage in the interactive process does not, in and of itself, result in liability under the ADA. The hospital offered the employee three options: (i) transfer to a mutually agreeable position; (ii) apply for temporary disability benefits; or (iii) resign. h\ CJ Topics covered: Employee learning, training, onboarding, mentoring, career development and more. In some cases, the employees disability and need for accommodation are obvious and no additional information is needed. Your session has expired. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> $("span.current-site").html("SHRM MENA "); An employer that grants schedule adjustments that aren't required under the Americans with Disabilities Act (ADA) may later stop allowing such changes when the employee declines to help the employer identify a reasonable accommodation, a recent 5th U.S. Please log in as a SHRM member before saving bookmarks. HTMo0ZWb(zmAZ#yJ~$e9E&iIl,`4N4rg"YydwA[. Also, employers "should not be getting periodic updates when the initial documentation states that the condition is not going to change. Employers must initiate an interactive process when an applicant or employee requests reasonable accommodations. HSmk0nv^- IA}(uNf:$+ifaGM0b_C Find the latest news and members-only resources that can help employers navigate in an uncertain economy. 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. Reviewing current vacancies within the department. Contact the Disability and Rehabilitation Consultant immediately in the event of performance or attendance problems. That process requires "bilateral cooperation and communication," and requires both parties to engage in that process "in good faith." McAfee & Taft A Professional Corporation. Fram said he sees the same problem. +R^_C%342hE0qmQSK[ x 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. Streamlining the Interactive Process When Accommodating Job Applicants, Tell 'Em About It: Educating the Workforce about the ADA & Accommodations, To Ask, or Not to Ask? 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. ET, Presented by studioID and Express Employment Professionals, FMLA: The 30-year legacy of a celebrated and complicated employment law. Interactive Process - AskJAN.org Additionally, don't use negative words as they have a bad impact. An important but often forgotten part of the interactive process is monitoring accommodations after they are in place. The request had been sitting on one of the desks in the purchasing department. The EEOCs recommended starting point is to use an interactive process once a request has been made. 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. So it's important to note that your employee's request doesn't have to be in writing. " To request permission for specific items, click on the reuse permissions button on the page where you find the item. hVnF}LwYIn]m2Y$gnVUmP;gJ+Jh1LN[Vx0;(EfxTB-[e MJ r !w2e!CJVF4""5\IexNVr7Zr':A] ;90Zj5RlQJu9MUJrZ?fi%Pz66 ~E>yQ%^4mv2TP4& ^>r9yHk*@bM45Z]{Vx\i#sL#~wTGX*Wd9ElUozj(F$Y~(*L8rp!o_TMYe**5//Z"s5WMo*tpvjgOnaH6>Ia=YLEUp}C|X3rbartqs\A:7rg7J{|Ar#fQ}'>MS *PbX6b=*y/~'JOr!hgT.t-k]%~Ma!ED]J\Q68xE.~2TY$?G!2HSD Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. "If it wont work, you can show you did all you could have done. hn CJ ji.3 "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. <> These accommodations are specific to each individuals needs. Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem." 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. In California, it is unlawful for an employer to fail to engage in a timely, good faith, interactive process. 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