After this, one person was assigned responsibility for making sure an accommodation request is processed so the request is not lost on someones desk. 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. ADA Best Practices For Employers Engaging in an Interactive Process After complaining to her supervisor, the supervisor talked with HR. | 1 p.m. "Written follow-up in both directions that confirms what the discussion has been. If there is no solution, the best thing is your documentation showing that you did explore accommodation options. Members may download one copy of our sample forms and templates for your personal use within your organization. <>/Metadata 73 0 R/ViewerPreferences 74 0 R>> <> 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.". {CL~j%"rx6M\dcxb9GG.bUxG++%[cO#wL42x%~Dzd@?qbFa9MKL]i@&K4KI11 3|&Sm(JX-:$|6e}J +qfR@I^t+QDUB>;&Z7t. 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. ", In concluding that the plaintiff's ADA failure-to-accommodate claim also could not proceed, the court pointed to her failure to engage in the interactive process required by the ADA, including her refusal to try leaving the office at 4 p.m., as proposed by the company, or explore public transportation options to address her traffic-related anxiety. A Transfer Search, if appropriate, is a continuation of the Interactive Process. Employee Letter and Email Examples - The Balance Careers | 2 p.m. Using the Interactive Process to Reach a Reasonable Accommodation. 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. 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. var currentUrl = window.location.href.toLowerCase(); However, the employer gets to choose among effective options and can choose, for example, the lowest cost accommodation. This includes: Evaluating the employee's functional abilities and limitations; Exploring options available for an accommodation. hb```TB ea8 ,2^2o-r `{ iP~ |qW |t3utWD1$1}I? Never assume an employee is disabled. 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. 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. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. If it is an email, include an email signature with your contact information. These accommodations are specific to each individuals needs. Topics covered: Culture, executive buy-in, discrimination, training, equal pay, and more. 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. The human resources director informed him that the company policy is to only ask for what is absolutely necessary. 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. Sometimes, however, the employer must initiate the interactive process without receiving a request for accommodation from the employee. Again, the employee who requested the accommodation is a good place to start so employers should always invite the employee to suggest accommodations. Select Accept to consent or Reject to decline non-essential cookies for this use. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. Fram said he sees the same problem. Welcome to the newest section of our site - Talent Acquisition! 3 0 obj Setting expectations at the beginning of the process could help reduce employees' apprehension and cut down on unnecessary phone calls and e-mails. "If there is one, go ahead and just do it." 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. If it is a written letter, include a handwritten signature. 200 0 obj <>/Filter/FlateDecode/ID[<5D6158DB4243BF4189442C3921752F86>]/Index[184 39]/Info 183 0 R/Length 86/Prev 194116/Root 185 0 R/Size 223/Type/XRef/W[1 3 1]>>stream 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? Keep it brief. Resources: Vocational Rehabilitation Counselor, Employee Relations Consultant, Department Human Resources Manager, Employment Analyst, Benefits staff. Keep up with the story. Whenever a supervisor decides not to grant an employee's request for assistance (even when the assistance has not been identified as a request for accommodation of a disability), the best practice is to provide the employee with the campus policies/procedures pertinent to accommodation of employees with disabilities. endobj The plaintiff filed suit, alleging discrimination and failure to accommodate under the ADA, as well as retaliation under the FMLA. Following the birth of her child in December 2013, the plaintiff took 12 weeks of Family and Medical Leave Act (FMLA) leave. These ideas, along with any ideas from the employee and employees medical provider, must be documented. 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. Under the regulations, the interactive process obligation is triggered by knowledge of the need for an accommodation. An employee submitted an accommodation request for an ergonomic chair due to a back injury. Empower your employee to express concerns with their accommodations at any time. But this all counts as the interactive process. Accommodation options will be considered in discussions with the employee. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); After six months, she hadnt heard anything. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. Sample Forms - AskJAN.org endobj You can even have a trial period whenever theres doubt that an accommodation will be a good fit. ", Sencenbaugh said that when ADA issues are intertwined with performance issues, employers should always consider how its actions will look to the employee and to a jury a year from now. If there is a termination, he said, all the cards are on the table. When the need isn't obvious, more information will be helpful when discussing accommodations. Please confirm that you want to proceed with deleting bookmark. 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! "Its hard to convince a jury or agency that an essential function truly is an essential function if its not in the job description, or if other employees in the role weren't performing it. Please note that all such forms and policies should be reviewed by your legal . Determine if any repair, maintenance, or replacement is necessary to any equipment. "Interactive Process Checklist" any time they talk to the employee regarding these issues. 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. 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." ' ( b c h yi hn >*B*OJ QJ ^J ph hn OJ QJ ^J hn B*OJ QJ ^J ph hn B*OJ QJ ^J ph h] OJ QJ ^J h] h] h}R hn OJ QJ ^J j hn CJ c'`WpPs%<8 I\`aC~",&,b)qo)&ZG*#TFL*#QTy`^`t"d+p[|:n.Hmb]7Dx=>J ?|wadG 1fO7,m/I?viwMkO % This is considered an accommodation request. Additionally, don't use negative words as they have a bad impact. The assistant wanted the employee to sign a blanket medical release. } else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { EEOC Informal Discussion Letter When the disability or the need for accommodation is obvious, the supervisor should inquire whether the employee has a need for assistance. The employee who requested the accommodation is often the best source of information about the disability and possible accommodations. 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. There should be no ambiguity in the explanation of the change. The most important way to monitor accommodations is to encourage ongoing communication. However, in other cases the individual may know that he/she is having difficulty, but may be uncertain about the exact cause or possible solution. Make use of positive language and try to remain positive throughout the email. The same day, the plaintiff left work early, resulting in the company's issuance of a final written warning. Virtual & Washington, DC | February 26-28, 2023. Example D: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. Some companies choose to assess employees by grading their performance in certain areas on a scale of one to 10. "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. Once the employer has notice of a disability and the need for an accommodation, the ADA requires (1) direct communication between the employer and employee to explore in good faith the possible accommodations; (2) consideration of the employees request; and (3) offering an accommodation that is reasonable and effective.. This button displays the currently selected search type. The purpose of an accommodation is to enable the employee to perform the essential functions of the job. %PDF-1.5 Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem." + : 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. 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. "You rarely see an . Make copies of both forms and file in Employee Step 3: Determine if the Accommodation Requested is 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. 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. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. hn CJ ) $ % A B c ) * 6 gd] F^F 8&#$$d &d N P )#P &#$$d &d N P a&#$-D(M McAfee & Taft A Professional Corporation. ", "If youre trying to determine whether an accommodation will work, good documentation and particularly a good and accurate job description"are key, said Sencenbaugh. This tech company uses their own platform to house their employee handbook, which they call an "employee manual.". Employers must initiate an interactive process when an applicant or employee requests reasonable accommodations. This is a request for reasonable accommodation. 18-50053 (Dec. 12, 2018). Interactive Process - AskJAN.org 2 0 obj The checklist and any notes should be maintained in a separate confidential medical file for that employee. Topics covered: HR management, compensation & benefits, development, HR tech, recruiting and much more. @ A B U V n o z { 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. To request permission for specific items, click on the reuse permissions button on the page where you find the item. ' 1 0 obj The interactive process will look different for everyone. 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. In evaluating the reasonableness of an accommodation, a supervisor and Department should consider a range of issues. If everything is working well, she continues to check in every six months. Employees can start the. What does antisemitic discrimination look like at work? Sometimes employers are not sure whether an accommodation will work and are afraid if they try it out they will be locked in forever. &. What Now? 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. Please read our Cookie Notice. Also, employers "should not be getting periodic updates when the initial documentation states that the condition is not going to change. 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. An employers duty to initiate the interactive process without a request for accommodation from the employee, Are You In or Out? - A Deconstructive Series for ADA Terminology, What Does Reasonable Mean? 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. Employee Performance Review (With Sample) - Indeed It's not a terribly complicated idea, but many employers fall short in the execution. 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. Please enable scripts and reload this page. "You rarely see an employee who knows about the ADA and asks for a reasonable accommodation," he told HR Dive;"You need to start the process even if they havent used any magic words. Although he can perform his essential functions without problems, he cannot perform the marginal function of sweeping the steps located throughout the building. The description of the [modified/alternate] employment is as follows (include description of accommodation here): This is a temporary accommodation, not a permanent position. The request doesnt have to include any specific terminology. Evaluate whether the employee can perform the job safely. Contact the Disability and Rehabilitation Consultant immediately in the event of performance or attendance problems. 184 0 obj <> endobj Once an accommodation request has been received, the employer should gather whatever information is necessary to process the request. Notice of a disability alone is not enough to trigger the obligation to initiate the interactive process. 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. (4) Consider the preference of the individual to be accommodated and select and implement the accommodation that is most appropriate for both the employee and the employer. Following . 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(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Court decisions interpreting the ADA provide some general principles. Make sure supervisory personnel are trained to report observations or information that may trigger the need to initiate the process without a request. "Focus on disclosing only information that is need-to-know. ", Get the free daily newsletter read by industry experts, Photo illustration: Shaun Lucas/Industry Dive;Greg Gibson/AP. ", 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. 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. Knowing When to Request Medical Information, What does "Undue Hardship" mean? 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. So its important to note that your employees request doesnt have to be in writing. 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. For example, it is sufficient if the employer receives notice of treatment needed by an employee. The use of these forms does not insulate a user from liability or create a presumption that discrimination did not occur. I ^ b h ) , z |n`n h\ B*OJ QJ ^J ph hn B*OJ QJ ^J ph h\ >*B*OJ QJ ^J ph $h\ h\ >*B*OJ QJ ^J ph $h\ hn >*B*OJ QJ ^J ph hn 56OJ QJ \]^J hn hn B*OJ QJ ^J ph h}R OJ QJ ^J hn OJ QJ ^J hn B*OJ QJ ^J ph hn OJ QJ ^J %6 7 C g S T 0 hFj! That there was followup, but that it stayed away from medical details. ", The employees request. Areasonable job accommodationmay include: Heres an example of a reasonable job accommodation: A cleaning crew works in an office building. endstream endobj startxref endobj %PDF-1.5 Even if a supervisor harbors no ill will toward an employee, inadequate training can cause things to fall apart. 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