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. <>>> First, the employer must have notice that the employee has a disability. Notice provided to supervisors or managers will be imputed to the employer. 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. USE OWN DEPARTMENT LETTERHEAD SAMPLE: SEND TO EMPLOYEE WHO - California Topics covered: Talent acquisition, diversity and inclusivity in hiring, employer branding, performance evaluations and more. 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. If the need to accommodate is obvious, an employer cannot simply wait for an employee to expressly request an accommodation. ", 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. Failure to engage in the interactive process does not, in and of itself, result in liability under the ADA. Please enable scripts and reload this page. 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 law requires that employees and employers engage in the Interactive Process. The interactive design is user-friendly and highly engaging. 9o!S&GdpGm!xXrpyMjmuQw) 4=+Ah}S:2u 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). Circumstances or the effectiveness of accommodations can change over time. As part of this process, the EEOC recommends that employers: (1) Analyze the particular job involved and determine its purpose and essential functions; (2) Consult with the individual with a disability to ascertain the precise job-related limitations imposed by the individual's disability and how those limitations could be overcome with a reasonable accommodation; (3) In consultation with the individual to be accommodated, identify potential accommodations and assess the effectiveness each would have in enabling the individual to perform the essential functions of the position; and. Members may download one copy of our sample forms and templates for your personal use within your organization. In June 2013, the plaintiff made an accommodation request under the ADA to lie down while at work due to dizzy spells related to her pregnancy. ", 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 equipment is involved in the accommodation, someone may need to be assigned to perform maintenance or upgrades as needed. Members can get help with HR questions via phone, chat or email. |^| Step 1 - Create a policy. 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. Your session has expired. Welcome to the newest section of our site - Talent Acquisition! 1630.2(o)(3). 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. Employers must initiate an interactive process when an applicant or employee requests reasonable accommodations. 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.. Once an accommodation request has been received, the employer should gather whatever information is necessary to process the request. Example C: A new employee, who uses a wheelchair, informs the employer that her wheelchair cannot fit under the desk in her office. {l[]vvr=?g6|j''Gu,R*$]=~tn~YfNgr2GU%lhE~z$~~| X,jD^jC5ySEiyHLHN>Od>=*'wQ5V1no}w vs_V\FG:FsZv7B,?/ iZ. Also, include a closing and a polite signature. The person writing the email should make sure that the change in process is communicated clearly. This is the time to brainstorm and consider what might work. The EEOCs recommended starting point is to use an interactive process once a request has been made. DOC Reasonable Accommodation Agreement - sample letter 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. Once accommodation options have been explored, the employer must choose what accommodation to implement. Read more Employers must also act promptly to initiate this discussion. 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. 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. Employees Responsibilities: Work within the written medical limitations Provide medical updates of functional limitations If taken off work by your doctor, notify supervisor and [name], ACCES Specialist. This button displays the currently selected search type. When the need isn't obvious, more information will be helpful when discussing accommodations. Be open to doing things a different way. 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. The following situations and solutions are real-life examples of accommodations that were made by JAN customers. 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. You can update your choices at any time in your settings. Assess the effectiveness of the accommodation(s) in enabling the employee to perform the essential functions of the job. ", The employees request. 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? process will be maintained in your medical file, which is separate from your personnel file. Keep up with the story. That process requires "bilateral cooperation and communication," and requires both parties to engage in that process "in good faith." The accommodation [will begin or began] on [date] and end based upon future doctor visits. 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. {CL~j%"rx6M\dcxb9GG.bUxG++%[cO#wL42x%~Dzd@?qbFa9MKL]i@&K4KI11 3|&Sm(JX-:$|6e}J +qfR@I^t+QDUB>;&Z7t. By using this site, you accept and agree to be bound by these terms. %PDF-1.5 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. Areasonable job accommodationmay include: Heres an example of a reasonable job accommodation: A cleaning crew works in an office building. <> That way, no one is surprised when the accommodation is revisited down the road. <> Essential functionsare the basic job duties that an employee must be able to perform. Resources: Vocational Rehabilitation Counselor, Employee Relations Consultant, Department Human Resources Manager, Employment Analyst, Benefits staff. var currentUrl = window.location.href.toLowerCase(); But the supervisor should have enough training to know when its time to go to HR. Don't hide your interactive process requirement, rather publicize it. $("span.current-site").html("SHRM China "); If it is a written letter, include a handwritten signature. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. 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. The EEOC recommends that you analyze the job, its purpose, and its essential functions. The checklist and any notes should be maintained in a separate confidential medical file for that employee. h\ CJ This is an area where difficulties often arise, as this process imposes duties on both the employer and the employee. 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. Once an accommodation has been chosen, it is time to implement the accommodation. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Using the Interactive Process to Reach a Reasonable Accommodation. Employee Signature:__________________________________Date:____________ Supervisor Signature:__________________________________Date:____________ # % & = > ? Example:Your employee tells you theyre having issues getting to work on time because of a medical treatment they are receiving. The employee does not have to formally notify the supervisor or department in writing. Please confirm that you want to proceed with deleting bookmark. But this all counts as the interactive process. Learn more about your compensation, benefits and everything that goes into a Total Rewards package. 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. "Often the request doesn't come until, for example, theres a performance management action thats going on." Equal Employment Opportunity Commission, For more training and information on the interactive process, see JAN's Just-In-Time Training Module ", For information on the interactive process in relation to service providers, see, No Blog Posts available for Interactive Process. Have employee sign the Medical Release Form (Figure 5) and provide the job description that lists the essential job duties of the position. Furthermore, the court reasoned that the plaintiff had not produced evidence suggesting that the company's reason for terminating her employment was untrue. hb```TB ea8 ,2^2o-r `{ iP~ |qW |t3utWD1$1}I? The following is a brief summary of the Interactive Process: Step 1 Invite the employee to participate in assessing return-to-work options and alternatives The CA Dept. 1998) (when the employee "fail[s] to hold up her end of the interactive process by clarifying the extent of her medical restrictions, [the employer] cannot be held liable for failing to provide reasonable accommodations"); Phrases like reasonable accommodation, Americans with Disabilities Act, or disability aren't necessary. The ADA requires an "interactive process" between a disabled employee and her employer in the search for a reasonable accommodation. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. e e e e e y y y 8 y * F f* h* h* h* h* h* h* - / hbbd```b``:"kd6di`f0^ X|9$x hH : NOTE: These procedures supplement relevant personnel policies and collective bargaining agreements, and should be read in conjunction with those provisions. Since a new individual took over the ADA Coordinator position for a community college, an effectiveness check for all accommodation approvals is required. ta SKN When in doubt, ask for clarification on the request and why. Upon learning that the employee may need an accommodation, the supervisor should review job functions and qualifications for the position held by the employee. Before sharing any final decision with the employee, the Department should consult with the Disability Case Management Counselor, Employee Relations and the Departmental Human Resources Manager. The Interactive Process can begin in a number of ways. Contact the Disability and Rehabilitation Consultant immediately in the event of performance or attendance problems. Your release form states you may return to work with the following medical work restrictions: XXXXXXXXXXXXX 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. Unnecessary delays are a violation of the ADA. Employers must initiate an "interactive process" when an applicant or employee requests reasonable accommodations. If the accommodation is a reassignment, then the employee may need time to acclimate to the new job. As part of this assessment process, the ADA requires that an employer engage in a timely, good-faith and meaningful interactive discussion with the employee. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. He does not link his need for the new chair with a medical condition. 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." 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. The company was able to edit these forms to fit its needs. The good news, according to David Fram,director of ADA &EEO services for the National Employment Law Institute, is there's something you can do about it. Once again, the company agreed and allowed her to work from home from March 2014 until December 2014. Shortly thereafter, the company terminated the plaintiff's employment after she failed to report to work due to child care issues. <>/Metadata 73 0 R/ViewerPreferences 74 0 R>> hn CJ ) $ % A B c ) * 6 gd] F^F 8&#$$d &d N P )#P &#$$d &d N P a&#$-D(M Sample Forms - AskJAN.org 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. 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. 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. This documentation may also include the medical practitioners suggestions about potential accommodations. Members may download one copy of our sample forms and templates for your personal use within your organization. II. } Subscribe to the HR Dive free daily newsletter, Subscribe to HR Dive for top news, trends & analysis, The free newsletter covering the top industry headlines, Tango Introduces New Batch Blur Functionality, SocialTalent Launches The SocialTalent Academy: A Professional Certification Program for Recru, Talkspace Launches First-of-its-Kind Portal Dedicated to Employee Mental Health Resources, Talent Attraction and Retention for 2023: Finance and HR leaders should look to on-demand pay,, By signing up to receive our newsletter, you agree to our, Webinar One member of the crew wears a prosthetic leg which enables him to walk very well, but climbing steps is painful and difficult. endobj Keep it brief. Understand how these limitations impact their essential job functions. 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. Featuring Executive Search, our new arm of recruiting just for our clients at UC Berkeley. "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. An employer also cannot ignore these things simply because an employee has been cleared to return to work with or without restrictions. Inform your employees that a requirement of the ADA is that both parties communicate in good faith regarding reasonable accommodations. Notice of an employees desire for an accommodation can take a variety of forms, including notice that the employee wants to remain employed (in some capacity). The company did not receive information in response to this request. ", Loy agreed that training for front-line supervisors is crucial: Not on the entire ADA," however:"focus on how to recognize when an employee is making an accommodation request.". Take the employee's expressed preferences into consideration. 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. 4 0 obj 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. Notify supervisor if unable to report to work for any reason Supervisors Responsibilities: Ensure that employee is not directed to perform tasks that exceed restrictions recommended by treating physician.