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." 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. 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. Then select the most appropriate accommodation for you and your employee. 0 This awareness might come through a third party, by observation, or because the employee has exhausted leave benefits but still needs reasonable accommodation. HTMo0ZWb(zmAZ#yJ~$e9E&iIl,`4N4rg"YydwA[. The purpose of an accommodation is to enable the employee to perform the essential functions of the job. That the employer has provided what was requested. But the FMLA doesnt provide paid leave, and employers say it can be difficult to administer. A good idea is to include a discussion of the interactive process as part of your ADA policy. Here at UC Berkeley, we value your growth and development throughout your career journey. The interactive process often begins when the employee makes an accommodation request. He does not link his need for the new chair with a medical condition. If there is no solution, the best thing is your documentation showing that you did explore accommodation options. The interactive process can begin when the employee makes the request. 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. SHRM Employment Law & Compliance Conference, ADAs Interactive Process Is a Two-Way Street, New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, White House Takes Action Against Migrant Child Labor, EEOC Lawsuit Highlights Cancer Discrimination in the Workplace. 1. Phrases like reasonable accommodation, Americans with Disabilities Act, or disability aren't necessary. Let HR Dive's free newsletter keep you informed, straight from your inbox. <>>> 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. 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. According to the EEOC, the interactive process is not always required under the ADA. The checklist and any notes should be maintained in a separate confidential medical file for that employee. "You rarely see an . The human resources director informed him that the company policy is to only ask for what is absolutely necessary. The Interactive Process can begin in a number of ways. &. Shortly thereafter, the company terminated the plaintiff's employment after she failed to report to work due to child care issues. Keep up with the story. 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. DOC Reasonable Accommodation Agreement - sample letter If the need to accommodate is obvious, an employer cannot simply wait for an employee to expressly request an accommodation. $('.container-footer').first().hide(); The EEOCs guidance provides that an employer should initiate the reasonable accommodation interactive process without being asked if the employer (1) knows that he employee has a disability, (2) knows, or has reason to know, that the employee is experiencing workplace problems because of the disability, and (3) knows, or has reason to know, that the disability prevents the employee from requesting a reasonable accommodation. In other words, employers must recognize the need for accommodation even in the absence of an employee request. You have successfully saved this page as a bookmark. A Transfer Search, if appropriate, is a continuation of the Interactive Process. Reviewing current vacancies within the department. 2 0 obj Notice may come from the employee directly, or from the employees family members, friends, health professionals or other representatives. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { The ADA requires an "interactive process" between a disabled employee and her employer in the search for a reasonable 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 What does antisemitic discrimination look like at work? 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. "Focus on disclosing only information that is need-to-know. endobj These accommodations are specific to each individuals needs. 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. +R^_C%342hE0qmQSK[ x If equipment is involved in the accommodation, someone may need to be assigned to perform maintenance or upgrades as needed. ", 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. 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. Dont assume that thecosts of providing the accommodationwill be too expensive. "Employers need only enough to show (1) that theres a disability, and (2) the employee needs 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. 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.]. This is an area where difficulties often arise, as this process imposes duties on both the employer and the employee. PDF Sample Options Letter for Resolving Medical/Employment Issues - California Never assume an employee is disabled. The interactive process can begin when the employee makes the request. Determine if any repair, maintenance, or replacement is necessary to any equipment. However, the employer gets to choose among effective options and can choose, for example, the lowest cost accommodation. 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 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. 1 0 obj Upon learning that the employee may need an accommodation, the supervisor should review job functions and qualifications for the position held by the employee. 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. HSmk0nv^- IA}(uNf:$+ifaGM0b_C ` No Past In-Person Trainings for Interactive Process. The hospital offered the employee three options: (i) transfer to a mutually agreeable position; (ii) apply for temporary disability benefits; or (iii) resign. A federal agency recently updated its accommodation policy. The important thing for employers to remember is not to ask for too much information. Please read our Privacy Notice, Terms of Use, Cookie Notice, CCPA Notice, and Website Accessibility Policy. 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! "If an employee mentions some type of limitation or problem, the supervisor should err on the side of caution and move to talk to the employee.". Provide employee with Letter regarding Interactive Process which includes deadlines for paperwork. Necessary information may include documentation of the disability and need for accommodation. > g  f bjbj 4 X " This tech company uses their own platform to house their employee handbook, which they call an "employee manual.". h\ CJ Interactive Process - Freeman Rehabilitation Services 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 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. hn CJ ) $ % A B c ) * 6 gd] F^F 8&#$$d &d N P )#P &#$$d &d N P a&#$-D(M (Marginal functionsare responsibilities that, once altered or removed, dont change the primary purpose of the job.) Organizations dont invest enough time looking for accommodation options and dont document where/how they have looked, said Loy. % The following situations and solutions are real-life examples of accommodations that were made by JAN customers. 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. 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. How to Create a Robust Reasonable Accommodation Process - SHRM Please log in as a SHRM member. A human resources assistant was working with an electrician who needed accommodations related to seizures. The Equal Employment Opportunity Commission (EEOC) enforces the protections provided to employees with disabilities under the Americans with Disabilities Act (ADA). Also, include a closing and a polite signature. Your session has expired. endstream endobj 189 0 obj <>stream 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. Choose someone to ensure that the request for accommodations gets processed. It was created to assist you while you are recovering. 4 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 An employer's duty to initiate the 'interactive process' without a endstream endobj startxref I ^ b h ) , z |n`n h\ B*OJ QJ ^J ph hn B*OJ QJ ^J ph h\ >*B*OJ QJ ^J ph $h\ h\ >*B*OJ QJ ^J ph $h\ hn >*B*OJ QJ ^J ph hn 56OJ QJ \]^J hn hn B*OJ QJ ^J ph h}R OJ QJ ^J hn OJ QJ ^J hn B*OJ QJ ^J ph hn OJ QJ ^J %6 7 C g S T 0 hFj! Employee's Failure to Participate in Interactive Process Dooms ADA Think of theinteractive processas collaborating with your employees to develop accommodations. Sample Forms - AskJAN.org Example C: A new employee, who uses a wheelchair, informs the employer that her wheelchair cannot fit under the desk in her office. Together you can discuss the potential impact of the accommodations. Sometimes the supervisor just doesn't like the employee and doesn't want to help the employee,"he said. 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. Reasonable Accommodation and the Interactive Process When in doubt, ask for clarification on the request and why. You can even have a trial period whenever theres doubt that an accommodation will be a good fit. 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. 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. Another EEOC recommendation is to consider the employees preference. One member of the crew wears a prosthetic leg which enables him to walk very well, but climbing steps is painful and difficult. 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. In many instances, the appropriate accommodation is obvious and therefore it is not necessary to go through a step-by-step process. Example D: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. 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. Setting expectations at the beginning of the process could help reduce employees' apprehension and cut down on unnecessary phone calls and e-mails. endobj Learn more about your compensation, benefits and everything that goes into a Total Rewards package. Members may download one copy of our sample forms and templates for your personal use within your organization. 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. (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. Here are some recommended steps to include in your checklist. Make use of positive language and try to remain positive throughout the email. Unnecessary delays are a violation of the ADA. Employee Letter and Email Examples - The Balance Careers else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { If an employee is unable to perform the essential functions of his/her job even when provided reasonable accommodations (to the extent they exist), a Medical Separation may be the appropriate next step. Assuming the proper criteria are met, the next step is for the employer and employee to engage in an "interactive process". Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem."

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