4 So its important to note that your employees request doesnt have to be in writing. Example:Your employee tells you theyre having issues getting to work on time because of a medical treatment they are receiving. endobj endstream endobj 189 0 obj <>stream %PDF-1.5 Failure to engage in the interactive process does not, in and of itself, result in liability under the ADA. ("I need an anti-glare screen."). How to Create a Robust Reasonable Accommodation Process - SHRM Please log in as a SHRM member. The California Fair Employment and Housing Act requires employers of five or more employees to provide reasonable accommodation for individuals with a physical or mental disability to apply for jobs and to perform the essential functions of their jobs unless it would cause an undue hardship. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. ; Areasonable job accommodationmay include: Heres an example of a reasonable job accommodation: A cleaning crew works in an office building. You can begin providing accommodations during the construction of a ramp if there are inaccessible areas. USE OWN DEPARTMENT LETTERHEAD SAMPLE: SEND TO EMPLOYEE WHO - California Employee's Failure to Participate in Interactive Process Dooms ADA (800) 526-7234 (Voice) | (877) 781-9403 (TTY) | Employer Live Chat, Home| About| For Employers| For Individuals| For Others| On Demand, Feedback| Accessibility| Copyright| Disclaimer| Privacy. ", 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. First, the employer must have notice that the employee has a disability. Notice provided to supervisors or managers will be imputed to the employer. 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. The following persons will be present at this meeting: [names of meeting participants]. Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem." The request doesnt have to include any specific terminology. 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. Friends, family, and health professionals can request accommodations on an employees behalf. Because changes occur, employers may need to periodically check on the ongoing effectiveness of accommodations. 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. Reasonable Accommodation and the Interactive Process 2023 Sample Forms - AskJAN.org The Interactive Process can begin in a number of ways. For example, if an employee needs an accessible parking space, coworkers need to know only that this person has a specific space not why. 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. Also, include a closing and a polite signature. That process requires "bilateral cooperation and communication," and requires both parties to engage in that process "in good faith." + : 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. No Past Recorded Modules for Interactive Process. An employee submitted an accommodation request for an ergonomic chair due to a back injury. The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation. ", 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. 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. Remember when consulting with outside resources, employers must comply with the confidentiality rules of the ADA. +R^_C%342hE0qmQSK[ x If it is a written letter, include a handwritten signature. 0 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. 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. Members can get help with HR questions via phone, chat or email. The employee chose to apply for disability benefits and, when he did not return to work after one year, the hospital terminated his employment. This agreement should be documented. Some companies choose to assess employees by grading their performance in certain areas on a scale of one to 10. The purpose of an accommodation is to enable the employee to perform the essential functions of the job. Understand how these limitations impact their essential job functions. The following situations and solutions are real-life examples of accommodations that were made by JAN customers. ' This is considered an accommodation request. Employers must initiate an interactive process when an applicant or employee requests reasonable accommodations. Topics covered: Culture, executive buy-in, discrimination, training, equal pay, and more. When the need isn't obvious, more information will be helpful when discussing accommodations. 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. {CL~j%"rx6M\dcxb9GG.bUxG++%[cO#wL42x%~Dzd@?qbFa9MKL]i@&K4KI11 3|&Sm(JX-:$|6e}J +qfR@I^t+QDUB>;&Z7t. 1998) (when the employee "fail[s] to hold up her end of the interactive process by clarifying the extent of her medical restrictions, [the employer] cannot be held liable for failing to provide reasonable accommodations"); The supervisor should consult with the employee to find out his or her specific physical or mental abilities and limitations as they relate to the essential job functions, and to discuss the employees preferences with regard to accommodations. If everything is working well, she continues to check in every six months. The company was able to edit these forms to fit its needs. They are excellent. (Supervisors should stay out of medical details as much as possible, Fram said.). Understanding The ADA's Interactive Process - Insperity McAfee & Taft A Professional Corporation. Other resources, such as the Job Accommodations Network (JAN), or your employee's medical provider, can give suggestions. |^| If a Department determines that an employee-requested accommodation is reasonable, the accommodation should be implemented as soon as possible. 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. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. Need help with a specific HR issue like coronavirus or FLSA? A Transfer Search, if appropriate, is a continuation of the Interactive Process. Think of theinteractive processas collaborating with your employees to develop accommodations. This documentation may also include the medical practitioners suggestions about potential accommodations. | 1 p.m. ", "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 . hn CJ ji.3 After complaining to her supervisor, the supervisor talked with HR. 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. Please log in as a SHRM member before saving bookmarks. After the full implementation of an accommodation, she follows-up with the employee in six weeks to ask if it is working. The interactive process often begins when the employee makes an accommodation request. %PDF-1.5 Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. An employers duty to initiate the interactive process without a request for accommodation from the employee, Are You In or Out? Once accommodation options have been explored, the employer must choose what accommodation to implement. That the supervisor didn't ask anything medical. Trello. Company Email Notifying of a Process Change | Edit & Forward The interactive design is user-friendly and highly engaging. Pay careful attention to medical-related issues employees bring to your attention. Unnecessary delays are a violation of the ADA. Topics covered: Talent acquisition, diversity and inclusivity in hiring, employer branding, performance evaluations and more. There areperksto creating a company culture that welcomes employees with disabilities. Please enable scripts and reload this page. The standard of proof required here is low: when an employee continues to come to work, and continues to perform at least some of his or her essential duties, employers are encouraged to proceed with the interactive process. 222 0 obj <>stream 3 0 obj 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. 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. However, the employer gets to choose among effective options and can choose, for example, the lowest cost accommodation. (For example, "I'm getting headaches from the glare from my computer screen. 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. One member of the crew wears a prosthetic leg which enables him to walk very well, but climbing steps is painful and difficult. You can even have a trial period whenever theres doubt that an accommodation will be a good fit. 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. 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? Resources: Vocational Rehabilitation Counselor, Employee Relations Consultant, Department Human Resources Manager, Employment Analyst, Benefits staff. Titled " The Zappos Culture Book ," this handbook highlights the company's dedication to workplace culture. Topics covered: HR management, compensation & benefits, development, HR tech, recruiting and much more. Together you can discuss the potential impact of the accommodations. Finally, the employee says, "I'm really having trouble getting out of bed in the morning. 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. Decision-making authority: Department head or designee. Using the Interactive Process to Reach a Reasonable Accommodation. HSmk0nv^- IA}(uNf:$+ifaGM0b_C 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. Please see Personnel Policies for Staff Members (PPSM), the Berkeley PPSM Implementing Procedures, and appropriate collective bargaining agreements for information on this process. Notice may also come in the form of objective proof, such as sudden or increasing inability to perform job functions or other physical manifestations of symptoms that are readily observable to others in the workplace. 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). Select Accept to consent or Reject to decline non-essential cookies for this use. - A Deconstructive Series for ADA Terminology, What Does Reasonable Mean? 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. } In this regard, the court observed that Time Warner had "a record of granting [the plaintiff's] numerous accommodation and FMLA leave requests back to 2013, even when it was not required to do so by law. 184 0 obj <> endobj An employer's duty to initiate the 'interactive process' without a process will be maintained in your medical file, which is separate from your personnel file. Make use of words in such a way that . 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. These forms included medical inquiry, onboarding, trial, and other process forms. Reasonable accommodation can include, but is not limited to, the following: Employees with disabilities may have separate rights to unpaid leave under the Federal Family and Medical Leave Act or the California Family Rights Act. The interactive process will look different for everyone. It is understood that any problems that may arise during this transitional work period should be discussed openly and supportively. If a Department Decides that the Proposed Accommodation(s) is Unreasonable. 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.. ADA Best Practices For Employers Engaging in an Interactive Process Although he can perform his essential functions without problems, he cannot perform the marginal function of sweeping the steps located throughout the building. PDF Sample Options Letter for Resolving Medical/Employment Issues - California But this all counts as the interactive process. This is a request for reasonable accommodation. 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. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> In response, again citing anxiety and panic attacks resulting from heavy traffic, the plaintiff submitted an accommodation request for a modified in-office schedule, from 7 a.m. to 2 p.m., working from home in the afternoons. Reasonable Accommodations for Employees and Applicants with - DOL PDF ADA Interactive Process for Reasonable Accommodation Checklist On Feb. 24, 2015, the company issued the plaintiff a written warning as a result of poor attendance unrelated to FMLA-approved absences and advised that failure to improve her attendance would result in disciplinary action. c'`WpPs%<8 I\`aC~",&,b)qo)&ZG*#TFL*#QTy`^`t"d+p[|:n.Hmb]7Dx=>J ?|wadG 1fO7,m/I?viwMkO % 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. If you are claiming undue hardship, you need to be able to articulate why youve met that standard. 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. ", Get the free daily newsletter read by industry experts, Photo illustration: Shaun Lucas/Industry Dive;Greg Gibson/AP. To request permission for specific items, click on the reuse permissions button on the page where you find the item. NOTE: These procedures supplement relevant personnel policies and collective bargaining agreements, and should be read in conjunction with those provisions. "Written follow-up in both directions that confirms what the discussion has been. Thats because their request for a new chair isnt related to a medical condition. ", Often, employers cause a breakdown in the interactive process because they're just not trying hard enough. 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. var currentUrl = window.location.href.toLowerCase(); endstream endobj 188 0 obj <>stream Your Accommodation Request Was Denied. No Upcoming Events for Interactive Process. That there was followup, but that it stayed away from medical details. 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. $('.container-footer').first().hide(); Assuming you return the requested information within the time frame noted above, we have scheduled an interactive meeting with you on [time] at [location]. A good idea is to include a discussion of the interactive process as part of your ADA policy. ' ( 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 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. stream Assuming the proper criteria are met, the next step is for the employer and employee to engage in an "interactive process". Shortly thereafter, the company terminated the plaintiff's employment after she failed to report to work due to child care issues. You have successfully saved this page as a bookmark. ", "Has that triggered the need for an interactive process? 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. SAMPLE FORM FORMONITORING ACCOMMODATIONS JAN offers the following sample form as a tool to assist in the interactive accommodation process. No Past In-Person Trainings for Interactive Process. 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. To cope with a paradoxical labor market, HR pros still squarely focused on recruiting may need to re-evaluate role requirements, inclusion initiatives and more. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { % 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. Be open to doing things a different way. If the employee is not eligible for (or chooses not to select) medical separation, the employee may be involuntarily terminated for non-performance. Don't hide your interactive process requirement, rather publicize it. hn U ji.3 JANis a free national resource for employers looking for help with accommodations. For example, it is sufficient if the employer receives notice of treatment needed by an employee. z0#D0v[{qL*Aoco; tY-bGG[!8^N^1swy QZU^BL@z6xWbt aQ"(4^+(4`V@91&jE,_C5lRqk_h:f.tlZr.9gO(t"w#\O #*^]]7j]" :It)Rf!n', Sometimes, however, the employer must initiate the interactive process without receiving a request for accommodation from the employee.