Step 1 - Create a policy. This agreement should be documented. 3 0 obj By using this site, you accept and agree to be bound by these terms. 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 %PDF-1.5 The interactive process often begins when the employee makes an accommodation request. 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. $("span.current-site").html("SHRM China "); If there is more than one option, the employer should consider the preference of the employee. 184 0 obj <> endobj The interactive process isnt always necessary, though. 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. "If it wont work, you can show you did all you could have done. This is a request for a reasonable accommodation. % Accommodation options will be considered in discussions with the employee. $("span.current-site").html("SHRM MENA "); Evaluate whether the employee can perform the job safely. $(document).ready(function () { This includes: Evaluating the employee's functional abilities and limitations; Exploring options available for an accommodation. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. 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"); Read more The DFEH has created a sample Request for Reasonable Accommodation package to assist employers and employees in engaging in the interactive process. If it is an email, include an email signature with your contact information. endstream endobj 189 0 obj <>stream [SHRM members-only toolkit:Accommodating Employees' Disabilities], In holding that the ADA discrimination and FMLA retaliation claims could not proceed to trial, the court noted the company's legitimate basis for its termination decisionnamely, excessive absenteeism and the well-established principle that "an employee's failure to show up for work is a legitimate reason for firing her." For additional information about the interactive process, contact JAN directly to speak with a consultant or visit AskJAN.org. 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. Notice may come from the employee directly, or from the employees family members, friends, health professionals or other representatives. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> JANis a free national resource for employers looking for help with accommodations. These ideas, along with any ideas from the employee and employees medical provider, must be documented. hn CJ ji.3 An employer also cannot ignore these things simply because an employee has been cleared to return to work with or without restrictions. Topics covered: Pay & bonuses, salary history, pay transparency, raises, total rewards, and more. The law has helped hundreds of millions of workers in its relatively short history. endstream endobj 188 0 obj <>stream %%EOF And while it's not a per se requirement, the law favors an "interactive process" for determining whether an effective accommodation is available. Let HR Dive's free newsletter keep you informed, straight from your inbox. The procedures apply for employees covered by the Americans with Disabilities Act (ADA), The California Fair Employment and Housing Act and/or Sections 503/504 of the 1973 Rehabilitation Act. What Now? However, a recent federal court decision in Pennsylvania provides an example of the steps employers should follow after FMLA leave is used up to . This step is very important to the success of an accommodation. Have employee sign the Medical Release Form (Figure 5) and provide the job description that lists the essential job duties of the position. 1630.2(o)(3). The ability of employers and their managerial staff to recognize requests is important. Members can get help with HR questions via phone, chat or email. Welcome to the newest section of our site - Talent Acquisition! Setting expectations at the beginning of the process could help reduce employees' apprehension and cut down on unnecessary phone calls and e-mails. " 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. 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. Pay careful attention to medical-related issues employees bring to your attention. "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. Assess the effectiveness of the accommodation(s) in enabling the employee to perform the essential functions of the job. the employees disability and need for accommodation are obvious. The description of the [modified/alternate] employment is as follows (include description of accommodation here): This is a temporary accommodation, not a permanent position. when deciding on whether a suggested accommodation is unreasonable or presents an undue hardship. However, the company offered her the option of leaving work at 4 p.m. While the company found that her request did not technically qualify as an ADA accommodation, it nevertheless granted it. [See. ", "Clarity is important," he said, "and getting things in writing adds to clarity. Employees last name], We have received your medical release from your doctor, [name] dated [date]. Remember when consulting with outside resources, employers must comply with the confidentiality rules of the ADA. This documentation may also include the medical practitioners suggestions about potential accommodations. Employees who are receiving accommodations need to understand that they should let their employers know if there are changes or problems with the accommodation and who specifically to contact. 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. 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. This awareness might come through a third party, by observation, or because the employee has exhausted leave benefits but still needs reasonable accommodation. Reasonable Accommodation - National Association of Letter Carriers AFL-CIO When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. Communication is especially important if youve provided any assistive technology or equipment. Schwarz offered the example of an employee who is chronically late for work and starts receiving write-ups and warnings. "Employers need only enough to show (1) that theres a disability, and (2) the employee needs an accommodation." If equipment is involved, then it needs to be properly installed and the employee needs to be trained in its proper use. Dont assume that thecosts of providing the accommodationwill be too expensive. As stated by the Third Circuit Court of Appeals in Taylor v. ET, Webinar This is the time to brainstorm and consider what might work. HSmk0nv^- IA}(uNf:$+ifaGM0b_C Organizations dont invest enough time looking for accommodation options and dont document where/how they have looked, said Loy. |^| The request can also come from someone other than the employee. 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. Determine if any repair, maintenance, or replacement is necessary to any equipment. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. An employee should not be asked whether s/he has a disability or any other question about his/her medical condition. 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. Accommodations Beyond Job Performance = Compliance and Inclusion, Changing a Supervisor as an Accommodation under the ADA, Cognitive Impairment and the Interactive Process, Good Deeds Not Punished: Dispelling the Idea of Precedent Setting and the ADA, Out with the Old, In with the NewSupervisor, Providing Temporary Accommodation Solutions, Recognizing an Accommodation Request Under the ADA. 3 0 obj Employees can start the interactive process using any form, including verbal communication. ; Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. 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. 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. This tech company uses their own platform to house their employee handbook, which they call an "employee manual.". ' hn CJ ) $ % A B c ) * 6 gd] F^F 8&#$$d &d N P )#P &#$$d &d N P a&#$-D(M Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. When in doubt, ask for clarification on the request and why. Notice of a disability alone is not enough to trigger the obligation to initiate the interactive process. (Marginal functionsare responsibilities that, once altered or removed, dont change the primary purpose of the job.) Members may download one copy of our sample forms and templates for your personal use within your organization. The person writing the email should make sure that the change in process is communicated clearly. + : 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. Learn more in our Cookie Policy. The hospital offered the employee three options: (i) transfer to a mutually agreeable position; (ii) apply for temporary disability benefits; or (iii) resign. Make use of positive language and try to remain positive throughout the email. The interactive process can begin when the employee makes the request. Together you can discuss the potential impact of the accommodations. 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;}'; That the supervisor didn't ask anything medical. When the need isn't obvious, more information will be helpful when discussing accommodations. 1 0 obj The human resources director informed him that the company policy is to only ask for what is absolutely necessary. After complaining to her supervisor, the supervisor talked with HR. Zappos. There areperksto creating a company culture that welcomes employees with disabilities. Keep up with the story. Members may download one copy of our sample forms and templates for your personal use within your organization. Keep it brief. 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. Another EEOC recommendation is to consider the employees preference. A good idea is to include a discussion of the interactive process as part of your ADA policy. JAN offers the following additional information and tips for the interactive process, starting with the accommodation request: The interactive process starts with an accommodation request from an employee with a disability so it is important for employers to be able to recognize a request. JAN provides free, confidential technical assistance about job accommodations and the Americans with Disabilities Act (ADA). 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. No Upcoming Events for Interactive Process. III. If the employee cannot provide the necessary information, then medical documentation can be useful. 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 many instances, the appropriate accommodation is obvious and therefore it is not necessary to go through a step-by-step process. 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. What does antisemitic discrimination look like at work? This area cover the performance management review program 'Achieve Together' and the Foundational Skills program. +R^_C%342hE0qmQSK[ x A Transfer Search may be another option. 2 0 obj If the accommodation involves an outside service, someone needs to make sure the service is provided promptly and effectively. 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.". n\3C[% An important step in the performance review process is choosing the standard for the evaluation. This is particularly true if the employer has no indication the disability is impacting the employees ability to perform his or her essential job functions. The EEOC recommends that you analyze the job, its purpose, and its essential functions. (For example, "I'm getting headaches from the glare from my computer screen. 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. 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. So its important to note that your employees request doesnt have to be in writing. <>/Metadata 73 0 R/ViewerPreferences 74 0 R>> 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. "Focus on disclosing only information that is need-to-know. The employee chose to apply for disability benefits and, when he did not return to work after one year, the hospital terminated his employment. "Thats what courts will look at: [whether there was] a thorough, fair effort to communicate and find an accommodation. Friends, family, and health professionals can request accommodations on an employees behalf. When expanded it provides a list of search options that will switch the search inputs to match the current selection. This includes information on the essential job functions your employee can and cant do. 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. Don't hide your interactive process requirement, rather publicize it. After an employee requests accommodations, the employer must take the appropriate steps. Sometimes, however, the employer must initiate the interactive process without receiving a request for accommodation from the employee. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation. ", 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.". 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. 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. It also designated the majority of the plaintiff's leave previously taken in January and February 2015 as non-FMLA-qualified leave. (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. You have successfully saved this page as a bookmark. The accommodation [will begin or began] on [date] and end based upon future doctor visits. (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. ` Empower your employee to express concerns with their accommodations at any time. In December 2014, the plaintiff's new supervisor made it clear that in the absence of an approved accommodation under the ADA, she was expected to be in the office beginning in the new year. ", Get the free daily newsletter read by industry experts, Photo illustration: Shaun Lucas/Industry Dive;Greg Gibson/AP. The important thing for employers to remember is not to ask for too much information. 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. Areasonable job accommodationmay include: Heres an example of a reasonable job accommodation: A cleaning crew works in an office building. After six months, she hadnt heard anything.