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. 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. h\ CJ Determine if any repair, maintenance, or replacement is necessary to any equipment. Thats because their request for a new chair isnt related to a medical condition. ADA regulations provide that in order to determine an appropriate reasonable accommodation, it may be necessary for the employer to initiate an informal, interactive process with the individual with a disability in need of the accommodation. 29 C.F.R. Upon learning that the employee may need an accommodation, the supervisor should review job functions and qualifications for the position held by the employee. when deciding on whether a suggested accommodation is unreasonable or presents an undue hardship. Accommodation options will be considered in discussions with the employee. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. After complaining to her supervisor, the supervisor talked with HR. ", "If youre trying to determine whether an accommodation will work, good documentation and particularly a good and accurate job description"are key, said Sencenbaugh. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. After this, one person was assigned responsibility for making sure an accommodation request is processed so the request is not lost on someones desk. Again, the employee who requested the accommodation is a good place to start so employers should always invite the employee to suggest accommodations. Pay careful attention to medical-related issues employees bring to your attention. Remember when consulting with outside resources, employers must comply with the confidentiality rules of the ADA. When in doubt, ask for clarification on the request and why. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. The plaintiff filed suit, alleging discrimination and failure to accommodate under the ADA, as well as retaliation under the FMLA. 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. Areasonable job accommodationmay include: Heres an example of a reasonable job accommodation: A cleaning crew works in an office building. Failure to engage in the interactive process does not, in and of itself, result in liability under the ADA. 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. This documentation may also include the medical practitioners suggestions about potential accommodations. 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? Second, the employer must also have notice of the employees desire to obtain some type of accommodation. When the disability or the need for accommodation is obvious, the supervisor should inquire whether the employee has a need for assistance. If it is decided that a proposed accommodation is unreasonable or presents an undue hardship, the Department should re-initiate the Interactive Process with the employee to try and arrive at a mutually agreeable alternative to the originally proposed accommodation. 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. hbbd```b``:"kd6di`f0^
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No Upcoming Events for Interactive Process. If everything is working well, she continues to check in every six months. The interactive process isnt always necessary, though. Learn more about your compensation, benefits and everything that goes into a Total Rewards package. > g f bjbj 4 X
" Step 1 - Create a policy. As a part of this update, disability program managers have to touch base with the Job Accommodation Network when seeking accommodation ideas. 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 following situations and solutions are real-life examples of accommodations that were made by JAN customers. "Often the request doesn't come until, for example, theres a performance management action thats going on." By using this site, you accept and agree to be bound by these terms. A good idea is to include a discussion of the interactive process as part of your ADA policy. If a Department determines that an employee-requested accommodation is reasonable, the accommodation should be implemented as soon as possible. endobj
An employee submitted an accommodation request for an ergonomic chair due to a back injury. 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. Members may download one copy of our sample forms and templates for your personal use within your organization. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) {
As a result, the company approved the plaintiff's use of one hour of FMLA leave per week for a period of six months. The Office of Diversity, Equity, Inclusion, and Belonging (DEIB) fosters community and engagement for staff, develops programs and experiences for employees to increase their racial literacy and cultural fluency, and is committed to creating a community where all employees can be their authentic selves at work everyday. 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. 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. The request doesnt have to include any specific terminology. |^| Copyright 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. It was created to assist you while you are recovering. 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. This area cover the performance management review program 'Achieve Together' and the Foundational Skills program. 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. If the employee is not eligible for (or chooses not to select) medical separation, the employee may be involuntarily terminated for non-performance. | 1 p.m. However, they may be a useful tool for both employers and employees. The company was able to edit these forms to fit its needs. 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. And if still more ideas are needed, then the employer should consult with outside resources such as JAN, vocational rehabilitation, rehabilitation engineers, and disability-related organizations. Contact the Disability and Rehabilitation Consultant immediately in the event of performance or attendance problems. Jonathan E. O'Connell, SHRM-SCP, is a labor and employment attorney practicing with the federal government in Washington, D.C. [Visit SHRM's resource page on theAmericans with Disabilities Act.]. Here at UC Berkeley, we value your growth and development throughout your career journey. Reasonable Accommodation - National Association of Letter Carriers AFL-CIO This is a request for reasonable accommodation. 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. Box 370, San Carlos CA 94070 Phone: 650-595-4447 ~ Fax: 866-804-0574 dfreeman@freemanrehabilitationservices.com Interactive Process Here are links to a sample interactive process letter to employees and charts. This agreement should be documented. ", "Document the whole thing from start to finish either you did the process or you didnt,"he said. 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. "Thats what courts will look at: [whether there was] a thorough, fair effort to communicate and find an accommodation. 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. Together you can discuss the potential impact of the accommodations. The use of these forms does not insulate a user from liability or create a presumption that discrimination did not occur. endstream
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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. 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. Another EEOC recommendation is to consider the employees preference. "If it wont work, you can show you did all you could have done. No Past In-Person Trainings for Interactive Process. An employers duty to initiate the interactive process without a request for accommodation from the employee, Are You In or Out? 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. Members can get help with HR questions via phone, chat or email. (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. " Any extension of this agreement beyond this will be decided on a case-by-case basis and will be dependent upon additional information from your doctor and upon the needs of the department at that 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. A human resources assistant was working with an electrician who needed accommodations related to seizures. The hospital offered the employee three options: (i) transfer to a mutually agreeable position; (ii) apply for temporary disability benefits; or (iii) resign. One good approach is to withhold the employees name and identifying information from outside resources. NOTE: These procedures supplement relevant personnel policies and collective bargaining agreements, and should be read in conjunction with those provisions. "Focus on disclosing only information that is need-to-know. 18-50053 (Dec. 12, 2018). Topics covered: Employee learning, training, onboarding, mentoring, career development and more. 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. To begin this process, the company downloaded forms from JANs A to Z: Sample Forms. 1 0 obj
hn UVmH nH u hn jD hn U 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. Notice may come from the employee directly, or from the employees family members, friends, health professionals or other representatives. ", 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. Adobe PDF viewer is required for some of these documents. HSmk0nv^- IA}(uNf:$+ifaGM0b_C <>
Knowing When to Request Medical Information, What does "Undue Hardship" mean? Please read our Privacy Notice, Terms of Use, Cookie Notice, CCPA Notice, and Website Accessibility Policy. This is considered an accommodation request. Phrases like reasonable accommodation, Americans with Disabilities Act, or disability aren't necessary. %PDF-1.5
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. You can update your choices at any time in your settings. That process requires "bilateral cooperation and communication," and requires both parties to engage in that process "in good faith." wy}v%,V(f8T8b@c9\8u8K C17+Y:AB9*8r3wBA=kXP2c#:y]fJupQ0@@/I(-qRC>
.1FENSSbi/8fkc//`Ny!6rO"Rd0Z7jN)43/WU!HN(tj&]l Asking for all medical records will rarely, if ever, meet this test. After the full implementation of an accommodation, she follows-up with the employee in six weeks to ask if it is working. III. The assistant wanted the employee to sign a blanket medical release. "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. And while it's not a per se requirement, the law favors an "interactive process" for determining whether an effective accommodation is available. 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. The employee who requested the accommodation is often the best source of information about the disability and possible accommodations. "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. The purpose of an accommodation is to enable the employee to perform the essential functions of the job. 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. ", The employees request. In evaluating the reasonableness of an accommodation, a supervisor and Department should consider a range of issues. Using the Interactive Process to Reach a Reasonable Accommodation. Some companies choose to assess employees by grading their performance in certain areas on a scale of one to 10. Make copies of both forms and file in Employee Step 3: Determine if the Accommodation Requested is ", 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.". 2023 Members may download one copy of our sample forms and templates for your personal use within your organization. 3 0 obj
So its important to note that your employees request doesnt have to be in writing. Fh^F`h the employees disability and need for accommodation are obvious. When expanded it provides a list of search options that will switch the search inputs to match the current selection. <>/Metadata 73 0 R/ViewerPreferences 74 0 R>>
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." 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. The sample Options Letter may be modified by an appointing power Topics covered: National employment laws, harassment, accommodations, training, and more. Schwarz offered the example of an employee who is chronically late for work and starts receiving write-ups and warnings. 200 0 obj
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Assess the effectiveness of the accommodation(s) in enabling the employee to perform the essential functions of the job. Sometimes, however, the employer must initiate the interactive process without receiving a request for accommodation from the employee. 4 This process is initiated either by: The employee's written or verbal request for assistance, or. h* e N N N h* e e }* N e e f* N f* r ) T * y d b) R* * 0 * p) 0 v p 0 * 0 e * D 8 t h* h* * N N N N 0 " The Equal Employment Opportunity Commission (EEOC) enforces the protections provided to employees with disabilities under the Americans with Disabilities Act (ADA). 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. One member of the crew wears a prosthetic leg which enables him to walk very well, but climbing steps is painful and difficult. 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. e e e e e y y y 8 y * F f* h* h* h* h* h* h* - / 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. 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. ta SKN That way, no one is surprised when the accommodation is revisited down the road. The employer needs to know what limitations are interfering with job performance and what specific work tasks are at issue. 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. The description of the [modified/alternate] employment is as follows (include description of accommodation here):
This is a temporary accommodation, not a permanent position. Under the regulations, the interactive process obligation is triggered by knowledge of the need for 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. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. Employees can start the interactive process using any form, including verbal communication. Essential functionsare the basic job duties that an employee must be able to perform. In response, the company requested additional information regarding the number of episodes the plaintiff experienced per week and the duration of the episodes. 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. The interactive process can begin when the employee makes the request. 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. 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. stream
This includes information on the essential job functions your employee can and cant do. $("span.current-site").html("SHRM China ");
The following persons will be present at this meeting: [names of meeting participants]. Its a good idea to touch base with your employee on how things are going. Please read our Cookie Notice. Please log in as a SHRM member. 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. endobj
Therefore, any time an employee indicates that he/she is having a problem and the problem is related to a medical condition, the employer should consider whether the employee is making a request for accommodation under the ADA. The law requires that employees and employers engage in the Interactive Process. o @
He does not link his need for the new chair with a medical condition. n\3C[% The interactive process often begins when the employee makes an accommodation request. Provide employee with Letter regarding Interactive Process which includes deadlines for paperwork. Learn more in our Cookie Policy. The company did not receive information in response to this request. 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. ' ( 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 1 0 obj
If equipment is involved in the accommodation, someone may need to be assigned to perform maintenance or upgrades as needed. Our focus on the People & Organization Development Team is to ensure that we are giving you the growth and development opportunities at the #1 public university in the world. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. var temp_style = document.createElement('style');
", "Has that triggered the need for an interactive process? Ultimately, she refused this proposal and instead sought intermittent FMLA leave that would allow her to leave at 2 p.m., and she immediately adjusted her schedule accordingly. 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. However, when an accommodation is not obvious, an appropriate accommodation is best determined through a flexible, 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. If the need to accommodate is obvious, an employer cannot simply wait for an employee to expressly request an accommodation. + : UNIVERSITY OF CALIFORNIA, SAN DIEGO
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Reasonable Accommodation Agreement
Date:
Dear [Mr./Ms. 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. 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. 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. However, the employer gets to choose among effective options and can choose, for example, the lowest cost accommodation. LinkedIn and 3rd parties use essential and non-essential cookies to provide, secure, analyze and improve our Services, and to show you relevant ads (including professional and job ads) on and off LinkedIn.
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