Step 3: Get Job Descriptions in Order Sometimes the supervisor just doesn't like the employee and doesn't want to help the employee,"he said. 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. 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.
An important but often forgotten part of the interactive process is monitoring accommodations after they are in place. So it's important to note that your employee's request doesn't have to be in writing.
Please note that all such forms and policies should be reviewed by your legal . This includes with or without reasonable accommodation. Also, include a closing and a polite signature. xksF{fQ4A.x&v^zMt$c%(Rr`fZMdrb,.
Reasonable Accommodations for Employees and Applicants with - DOL 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 employee who requested the accommodation is often the best source of information about the disability and possible accommodations. SAMPLE FORM FORMONITORING ACCOMMODATIONS JAN offers the following sample form as a tool to assist in the interactive accommodation process. "Employers need only enough to show (1) that theres a disability, and (2) the employee needs an accommodation." 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. &. The court concluded that her response to the company's proposal to leave at 4 p.m. was "not the stuff of flexible [and] interactive discussions.". Featuring Executive Search, our new arm of recruiting just for our clients at UC Berkeley. 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. 222 0 obj
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This is the time to brainstorm and consider what might work. Make sure supervisory personnel are trained to report observations or information that may trigger the need to initiate the process without a request. 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. (Marginal functionsare responsibilities that, once altered or removed, dont change the primary purpose of the job.) The EEOC recommends that you analyze the job, its purpose, and its essential functions. It is understood that these are temporary arrangements designed to allow UCSD employees to work while recovering from illness or injury, and do not represent a permanent change of duties or responsibilities. *&edtb?iB!+"M@"8hzMC|;q Following the birth of her child in December 2013, the plaintiff took 12 weeks of Family and Medical Leave Act (FMLA) leave.
This is a request for a reasonable accommodation. Assess the effectiveness of the accommodation(s) in enabling the employee to perform the essential functions of the job. 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. That the employer has provided what was requested. No Past Recorded Modules for Interactive Process. You can begin providing accommodations during the construction of a ramp if there are inaccessible areas. 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. "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.". Court decisions interpreting the ADA provide some general principles. 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. If the need to accommodate is obvious, an employer cannot simply wait for an employee to expressly request an accommodation. That process requires "bilateral cooperation and communication," and requires both parties to engage in that process "in good faith." 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. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. To begin this process, the company downloaded forms from JANs A to Z: Sample Forms. Together you can discuss the potential impact of the accommodations. Employee Signature:__________________________________Date:____________
Supervisor Signature:__________________________________Date:____________
# % & = > ? When expanded it provides a list of search options that will switch the search inputs to match the current selection. {CL~j%"rx6M\dcxb9GG.bUxG++%[cO#wL42x%~Dzd@?qbFa9MKL]i@&K4KI11 3|&Sm(JX-:$|6e}J +qfR@I^t+QDUB>;&Z7t. "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. This includes information on the essential job functions your employee can and cant do. The employer needs to know what limitations are interfering with job performance and what specific work tasks are at issue. Navigating the New EU Unitary Patent, EEOC targeting discriminatory use of artificial intelligence, Court upholds firing of marijuana cardholders discharged after positive weed test, Deadline nears for complying with PUMP Acts expanded protections for nursing mothers in the workplace. ", Often, employers cause a breakdown in the interactive process because they're just not trying hard enough. 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. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Assuming you return the requested information within the time frame noted above, we have scheduled an interactive meeting with you on [time] at [location]. 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. Please confirm that you want to proceed with deleting bookmark. 1 0 obj
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. These forms included medical inquiry, onboarding, trial, and other process forms. Never assume an employee is disabled. One good approach is to withhold the employees name and identifying information from outside resources. The EEOCs recommended starting point is to use an interactive process once a request has been made. Should an Accommodation Request Automatically Trigger FMLA? 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. Please log in as a SHRM member before saving bookmarks. 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. 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. If a Department Decides that the Proposed Accommodation(s) is Unreasonable. All rights reserved. No Remote Monthly Series Training for Interactive Process. Assuming the proper criteria are met, the next step is for the employer and employee to engage in an "interactive process". Please read our Cookie Notice. Necessary information may include documentation of the disability and need for accommodation. accommodation and refused to participate in the interactive process); Steffes v. Stepan Co., 144 F.3d 1070, 1073 (7th Cir. To request permission for specific items, click on the reuse permissions button on the page where you find the item. 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. endobj
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. While the company found that her request did not technically qualify as an ADA accommodation, it nevertheless granted it.
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In some cases, the employees disability and need for accommodation are obvious and no additional information is needed. Expand your toolbox with the tools and techniques needed to fix your organizations unique needs. If there is no solution, the best thing is your documentation showing that you did explore accommodation options. That way, no one is surprised when the accommodation is revisited down the road. An important step in the performance review process is choosing the standard for the evaluation. 3 0 obj
The use of these forms does not insulate a user from liability or create a presumption that discrimination did not occur. 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. Evaluate whether the employee can perform the job safely. Circuit Court of Appeals decision shows. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. 1630.2(o)(3). If the employee cannot provide the necessary information, then medical documentation can be useful. The EEOCs Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act provides that as a general rule, the individual with a disability who has the most knowledge about the need for reasonable accommodation must inform the employer than an accommodation is needed. The request can be made verbally or in writing. endstream
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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. A good idea is to include a discussion of the interactive process as part of your ADA policy.