Failure to engage in the interactive process does not, in and of itself, result in liability under the ADA. Remember when consulting with outside resources, employers must comply with the confidentiality rules of the ADA. The interactive process can begin when the employee makes the request. 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. Keep your message as short as possible. IV. All rights reserved. Please confirm that you want to proceed with deleting bookmark. After this, one person was assigned responsibility for making sure an accommodation request is processed so the request is not lost on someones desk. accommodation and refused to participate in the interactive process); Steffes v. Stepan Co., 144 F.3d 1070, 1073 (7th Cir. 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. 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. Select Accept to consent or Reject to decline non-essential cookies for this use. Understand how these limitations impact their essential job functions. That way, no one is surprised when the accommodation is revisited down the road. ("I need an anti-glare screen."). Accommodation options that can be explored, include, but are not limited to: Making existing facilities used by employees readily accessible to and usable by the disabled employee; Acquiring or modifying equipment or devices; Providing qualified readers or interpreters; and. The following persons will be present at this meeting: [names of meeting participants]. Your session has expired. 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 The following situations and solutions are real-life examples of accommodations that were made by JAN customers. This includes with or without reasonable accommodation. % For more information on Reasonable Accommodation and the Interactive Process, please see PPSM Policy 81 and relevant collective bargaining agreements. Whether sending an email or letter, add a professional greeting that includes the person's name. [See. This includes: Evaluating the employee's functional abilities and limitations; Exploring options available for an accommodation. As stated by the Third Circuit Court of Appeals in Taylor v. That there was followup, but that it stayed away from medical details. +R^_C%342hE0qmQSK[ x Once again, the company agreed and allowed her to work from home from March 2014 until December 2014. endobj } Never assume an employee is disabled. 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. 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. PDF Sample Options Letter for Resolving Medical/Employment Issues - California Understanding The ADA's Interactive Process - Insperity Assuming you return the requested information within the time frame noted above, we have scheduled an interactive meeting with you on [time] at [location]. Have employee sign the Medical Release Form (Figure 5) and provide the job description that lists the essential job duties of the position. 200 0 obj <>/Filter/FlateDecode/ID[<5D6158DB4243BF4189442C3921752F86>]/Index[184 39]/Info 183 0 R/Length 86/Prev 194116/Root 185 0 R/Size 223/Type/XRef/W[1 3 1]>>stream Employers must initiate an "interactive process" when an applicant or employee requests reasonable accommodations. Assess the effectiveness of the accommodation(s) in enabling the employee to perform the essential functions of the job. The EEOCs recommended starting point is to use an interactive process once a request has been made. Employee Handbook Examples You Should Steal From - Workest An employers duty to initiate the interactive process without a request for accommodation from the employee, Are You In or Out? Make copies of both forms and file in Employee Step 3: Determine if the Accommodation Requested is After complaining to her supervisor, the supervisor talked with HR. DOC JAN - Job Accommodation Network 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. USE OWN DEPARTMENT LETTERHEAD SAMPLE: SEND TO EMPLOYEE WHO - California A good idea is to include a discussion of the interactive process as part of your ADA policy. endstream endobj startxref var temp_style = document.createElement('style'); One good approach is to withhold the employees name and identifying information from outside resources. Make use of words in such a way that . How to engage in the 'Interactive Process' with an employee Once the employer has identified the employees limitation that is causing a problem and has identified what that problem is, then the employer is ready to explore accommodation options. 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. Step 1 - Create a policy. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. 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. This notice does not need to disclose the employees specific condition. EEOC: Medical Leave Request Initiates ADA Obligations - SHRM 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. Employers must initiate an interactive process when an applicant or employee requests reasonable accommodations. Some companies choose to assess employees by grading their performance in certain areas on a scale of one to 10. <>/Metadata 73 0 R/ViewerPreferences 74 0 R>> 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. You can begin providing accommodations during the construction of a ramp if there are inaccessible areas. Here are some recommended steps to include in your checklist. An employee submitted an accommodation request for an ergonomic chair due to a back injury. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Expand your toolbox with the tools and techniques needed to fix your organizations unique needs. Additionally, don't use negative words as they have a bad impact. EEOC Informal Discussion Letter Interactive Process Freeman Rehabilitation Services Debbie Freeman P.O. hn CJ ) $ % A B c ) * 6 gd] F^F 8&#$$d &d N P )#P &#$$d &d N P a&#$-D(M If the accommodation involves an outside service, someone needs to make sure the service is provided promptly and effectively. Assuming the proper criteria are met, the next step is for the employer and employee to engage in an "interactive process". Others take a more qualitative approach that involves writing a free-form paragraph summarizing the employee's strengths and weaknesses. He does not link his need for the new chair with a medical condition. "Often the request doesn't come until, for example, theres a performance management action thats going on." 3 0 obj Communication is especially important if youve provided any assistive technology or equipment. 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"); Following the birth of her child in December 2013, the plaintiff took 12 weeks of Family and Medical Leave Act (FMLA) leave. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. Organizations dont invest enough time looking for accommodation options and dont document where/how they have looked, said Loy. If assistance is desired, please call the ACCES Consultant at (858) 888-8888. that employee's ability to perform the duties of his or her position, of the various options available to the employee, and to invite the employee to engage in an interactive process to develop an appropriate plan to resolve the employee's work-related medical issues. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. 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. 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. For example, if an employee needs an accessible parking space, coworkers need to know only that this person has a specific space not why. If it is a written letter, include a handwritten signature. After an employee requests accommodations, the employer must take the appropriate steps. A human resources assistant was working with an electrician who needed accommodations related to seizures. In some cases, the employees disability and need for accommodation are obvious and no additional information is needed. The following list provides some guidelines. $("span.current-site").html("SHRM China "); 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. ", 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.". 1 0 obj 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. ", 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. Please see Personnel Policies for Staff Members (PPSM), the Berkeley PPSM Implementing Procedures, and appropriate collective bargaining agreements for information on this process. Learn more about your compensation, benefits and everything that goes into a Total Rewards package. "You rarely see an . Interactive Process - AskJAN.org <> 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 As a part of this update, disability program managers have to touch base with the Job Accommodation Network when seeking accommodation ideas. 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. when deciding on whether a suggested accommodation is unreasonable or presents an undue hardship. Virtual & Washington, DC | February 26-28, 2023. 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. | 2 p.m. n\3C[% JAN provides free, confidential technical assistance about job accommodations and the Americans with Disabilities Act (ADA). McAfee & Taft A Professional Corporation. PDF CAN WE TALK?: The ADA Interactive Dialogue - Disability, Leave & Health 3 0 obj $("span.current-site").html("SHRM MENA "); It was created to assist you while you are recovering. 222 0 obj <>stream Make use of positive language and try to remain positive throughout the email. In evaluating the reasonableness of an accommodation, a supervisor and Department should consider a range of issues. There areperksto creating a company culture that welcomes employees with disabilities. Learn more in our Cookie Policy. 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). 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. 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. If a Disability Does Not Allow an Employee to Perform One or More Essential Job Functions. After exhausting her FMLA leave in March 2014, she asked to work from home due to difficulties transitioning her child to bottle feeding. The Interactive Process can begin in a number of ways. Even if a supervisor harbors no ill will toward an employee, inadequate training can cause things to fall apart. The use of these forms does not insulate a user from liability or create a presumption that discrimination did not occur. The law requires that employees and employers engage in the Interactive Process. 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.. These ideas, along with any ideas from the employee and employees medical provider, must be documented. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. + : 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. 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. A large company wanted to standardize all of the accommodation requests it receives.
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