No Upcoming Events for Interactive Process. A Transfer Search is a process that may be available to employees who cannot perform the essential functions of their own position for an extended period of time, but are able to work in other jobs. The EEOC recommends that you analyze the job, its purpose, and its essential functions. The employer needs to know what limitations are interfering with job performance and what specific work tasks are at issue. This is a request for a reasonable accommodation. 2023 endobj Remember when consulting with outside resources, employers must comply with the confidentiality rules of the ADA. If the accommodation involves an outside service, someone needs to make sure the service is provided promptly and effectively. The EEOC (Reasonable Accommodation and Undue Hardship (EEOC Guidance)provides the following examples: Example A: An employee tells her supervisor, "I'm having trouble getting to work at my scheduled starting time because of medical treatments I'm undergoing." Employers must initiate an interactive process when an applicant or employee requests reasonable accommodations. A good idea is to include a discussion of the interactive process as part of your ADA policy. endobj Your Accommodation Request Was Denied. After the full implementation of an accommodation, she follows-up with the employee in six weeks to ask if it is working. Under the regulations, the interactive process obligation is triggered by knowledge of the need for an accommodation. These ideas, along with any ideas from the employee and employees medical provider, must be documented. 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. This awareness might come through a third party, by observation, or because the employee has exhausted leave benefits but still needs reasonable accommodation. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. Members can get help with HR questions via phone, chat or email. Sometimes the supervisor just doesn't like the employee and doesn't want to help the employee,"he said. The request had been sitting on one of the desks in the purchasing department. The human resources director informed him that the company policy is to only ask for what is absolutely necessary. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Circumstances or the effectiveness of accommodations can change over time. Step 3: Get Job Descriptions in Order Make sure supervisory personnel are trained to report observations or information that may trigger the need to initiate the process without a request. when deciding on whether a suggested accommodation is unreasonable or presents an undue hardship. The process requires an individualized assessment of both the job and the specific physical or mental limitations of the individual that are directly related to the need for reasonable accommodation. Its a good idea to touch base with your employee on how things are going. The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation. 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. the employees disability and need for accommodation are obvious. By using this site, you accept and agree to be bound by these terms. Because changes occur, employers may need to periodically check on the ongoing effectiveness of accommodations. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 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. This area cover the performance management review program 'Achieve Together' and the Foundational Skills program. ta SKN $("span.current-site").html("SHRM China "); HSmk0nv^- IA}(uNf:$+ifaGM0b_C That there was followup, but that it stayed away from medical details. Keep up with the story. The checklist and any notes should be maintained in a separate confidential medical file for that employee. Determine if any repair, maintenance, or replacement is necessary to any equipment. He does not link his need for the new chair with a medical condition. <> If a Disability Does Not Allow an Employee to Perform One or More Essential Job Functions. h\ CJ The employee chose to apply for disability benefits and, when he did not return to work after one year, the hospital terminated his employment. Featuring Executive Search, our new arm of recruiting just for our clients at UC Berkeley. The law requires that employees and employers engage in the Interactive Process. (For example, "I'm getting headaches from the glare from my computer screen. Essential functionsare the basic job duties that an employee must be able to perform. 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. Empower your employee to express concerns with their accommodations at any time. Others take a more qualitative approach that involves writing a free-form paragraph summarizing the employee's strengths and weaknesses. The assistant wanted the employee to sign a blanket medical release. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. } 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. ' ( 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 3 0 obj Assuming the proper criteria are met, the next step is for the employer and employee to engage in an "interactive process". Resources: Vocational Rehabilitation Counselor, Employee Relations Consultant, Department Human Resources Manager, Employment Analyst, Benefits staff. To request permission for specific items, click on the reuse permissions button on the page where you find the item. <> ", 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.". It's not a terribly complicated idea, but many employers fall short in the execution. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. Choose someone to ensure that the request for accommodations gets processed. While the company found that her request did not technically qualify as an ADA accommodation, it nevertheless granted it. Make a request for an accommodation verbally, in writing, and/or using one of the above methods, to the RARC, the agency Workplace Equality Compliance Officer (WECO), a Deciding Official (typically the first line supervisor/manager), the servicing human resources office, or any agency employee connected with the job application process, as McAfee & Taft A Professional Corporation. ", Get the free daily newsletter read by industry experts, Photo illustration: Shaun Lucas/Industry Dive;Greg Gibson/AP. For example, it is sufficient if the employer receives notice of treatment needed by an employee. Employees last name], We have received your medical release from your doctor, [name] dated [date]. @ A B U V n o z { The request doesnt have to include any specific terminology. 18-50053 (Dec. 12, 2018). If the need to accommodate is obvious, an employer cannot simply wait for an employee to expressly request an accommodation. 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. Court decisions interpreting the ADA provide some general principles. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. 1. This is an area where difficulties often arise, as this process imposes duties on both the employer and the employee. Virtual & Washington, DC | February 26-28, 2023. {CL~j%"rx6M\dcxb9GG.bUxG++%[cO#wL42x%~Dzd@?qbFa9MKL]i@&K4KI11 3|&Sm(JX-:$|6e}J +qfR@I^t+QDUB>;&Z7t. Employers that follow the technical requirements of the statute, demonstrate flexibility and document their compliance put themselves in the best position in the event of litigation. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. One member of the crew wears a prosthetic leg which enables him to walk very well, but climbing steps is painful and difficult. The interactive process is a conversation between an employer and an employee to determine if the employee requires a reasonable accommodation to perform the essential functions of their job and if so, what the accommodation (s) may be. A Deconstructive Series for ADA Terminology, What to Include in Your ADA/Accommodation Toolkit, California Reasonable Accommodation Package, EEOC's Reasonable Accommodation, Establishing Procedures to Facilitate the Provision of, JAN Just-in-Time Module: Interactive Process, U.S. "If it wont work, you can show you did all you could have done. x[OF0Ic{|Y"vB!8$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! %%EOF If assistance is desired, please call the ACCES Consultant at (858) 888-8888. % 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 original accommodation was a "transitional accommodation," that is it was intended for a specifically defined purpose and time period has elapsed; The employee indicates that a new accommodation may be necessary; or. Never assume an employee is disabled. All rights reserved. ", Additionally, employers sometimes request or gather too much medical information, Loy said. This step is very important to the success of an accommodation. Employees can start the. Keep it brief. ; accommodation and refused to participate in the interactive process); Steffes v. Stepan Co., 144 F.3d 1070, 1073 (7th Cir. $(document).ready(function () { Reasonable Accommodation - National Association of Letter Carriers AFL-CIO Once an accommodation request has been received, the employer should gather whatever information is necessary to process the request. Then select the most appropriate accommodation for you and your employee. Topics covered: Talent acquisition, diversity and inclusivity in hiring, employer branding, performance evaluations and more. Read more At this step, employers should be open to new ideas and new ways of doing things. A human resources assistant was working with an electrician who needed accommodations related to seizures. Under the ADA, when an employee requests an accommodation and the disability and need for accommodation are not obvious, then the employer can request medical documentation to help determine whether the employee has a disability and needs the requested accommodation and information to help process the accommodation request. Members may download one copy of our sample forms and templates for your personal use within your organization. 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 No Past Exhibit Booths for Interactive Process. Together you can discuss the potential impact of the accommodations. Thats because their request for a new chair isnt related to a medical condition. 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. Other options, such as a leave of absence or reduced schedule, exist and should be evaluated in light of what is permitted under policy and contract. 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. Employers must initiate an "interactive process" when an applicant or employee requests reasonable accommodations. Please read our Privacy Notice, Terms of Use, Cookie Notice, CCPA Notice, and Website Accessibility Policy. hn CJ ) $ % A B c ) * 6 gd] F^F 8&#$$d &d N P )#P &#$$d &d N P a&#$-D(M l&#$/ h o u x The use of these forms does not insulate a user from liability or create a presumption that discrimination did not occur. Upon learning that the employee may need an accommodation, the supervisor should review job functions and qualifications for the position held by the employee. 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. Employee Signature:__________________________________Date:____________ Supervisor Signature:__________________________________Date:____________ # % & = > ? ", "Document the whole thing from start to finish either you did the process or you didnt,"he said. 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. The company did not receive information in response to this request. 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. If an accommodation is not considered reasonable, refer to Sections IV and V below. 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. Here at UC Berkeley, we value your growth and development throughout your career journey. 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. For additional information about the interactive process, contact JAN directly to speak with a consultant or visit AskJAN.org. They are excellent. Your session has expired. "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. But this all counts as the interactive process. A federal agency recently updated its accommodation policy. A Transfer Search, if appropriate, is a continuation of the Interactive Process. For more information on Reasonable Accommodation and the Interactive Process, please see PPSM Policy 81 and relevant collective bargaining agreements. Make copies of both forms and file in Employee Step 3: Determine if the Accommodation Requested is Once again, the company agreed and allowed her to work from home from March 2014 until December 2014. Dont assume that thecosts of providing the accommodationwill be too expensive. First, the employer must have notice that the employee has a disability. Notice provided to supervisors or managers will be imputed to the employer. For example, if an employee needs an accessible parking space, coworkers need to know only that this person has a specific space not why. In many instances, the appropriate accommodation is obvious and therefore it is not necessary to go through a step-by-step process. This button displays the currently selected search type. As a part of this update, disability program managers have to touch base with the Job Accommodation Network when seeking accommodation ideas. 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. Think of theinteractive processas collaborating with your employees to develop accommodations. Should an Accommodation Request Automatically Trigger FMLA? But, if you have an employee request a new chair because its uncomfortable, it wouldnt be a request for reasonable accommodations. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. 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. 1 0 obj When a request is made, employers should first look for a quick, simple and easy solution,Fram said. If the accommodation is a reassignment, then the employee may need time to acclimate to the new job. "Written follow-up in both directions that confirms what the discussion has been. {l[]vvr=?g6|j''Gu,R*$]=~tn~YfNgr2GU%lhE~z$~~| X,jD^jC5ySEiyHLHN>Od>=*'wQ5V1no}w vs_V\FG:FsZv7B,?/ iZ. endstream endobj 185 0 obj <>/Metadata 16 0 R/Pages 182 0 R/StructTreeRoot 32 0 R/Type/Catalog>> endobj 186 0 obj <>/MediaBox[0 0 612 792]/Parent 182 0 R/Resources<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 187 0 obj <>stream 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. Using the Interactive Process to Reach a Reasonable Accommodation. Areasonable job accommodationmay include: Heres an example of a reasonable job accommodation: A cleaning crew works in an office building. (Supervisors should stay out of medical details as much as possible, Fram said.). 1630.2(o)(3). ", "On the communication side, one of the really useful tools is documentation," Schwarz said. That the employer has provided what was requested. 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. 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. Ask your employees if they have any thoughts on what might help. If a Department Decides that the Proposed Accommodation(s) is Unreasonable. [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." Example D: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. e e e e e y y y 8 y * F f* h* h* h* h* h* h* - / Step 1 - Create a policy. If it is a written letter, include a handwritten signature. Please note that all such forms and policies should be reviewed by your legal . By using this site, you accept and agree to be bound by these terms. c'`WpPs%<8 I\`aC~",&,b)qo)&ZG*#TFL*#QTy`^`t"d+p[|:n.Hmb]7Dx=>J ?|wadG 1fO7,m/I?viwMkO % The Central Services teams provide critical HR-related services to nearly all of the Berkeley campus, including records management and visa documentation. <> The description of the [modified/alternate] employment is as follows (include description of accommodation here): This is a temporary accommodation, not a permanent position. Some companies choose to assess employees by grading their performance in certain areas on a scale of one to 10. The interactive process isnt always necessary, though. hb```TB ea8 ,2^2o-r `{ iP~ |qW |t3utWD1$1}I? 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