*&edtb?iB!+"M@"8hzMC|;q Never assume an employee is disabled. 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. <> You can update your choices at any time in your settings. What does antisemitic discrimination look like at work? This button displays the currently selected search type. 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. That the employer has provided what was requested. Have employee sign the Medical Release Form (Figure 5) and provide the job description that lists the essential job duties of the position. Together you can discuss the potential impact of the accommodations. 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. This is considered an accommodation request. Choose someone to ensure that the request for accommodations gets processed. The same day, the plaintiff left work early, resulting in the company's issuance of a final written warning. For more information on Reasonable Accommodation and the Interactive Process, please see PPSM Policy 81 and relevant collective bargaining agreements. A federal agency recently updated its accommodation policy. Please read our Privacy Notice, Terms of Use, Cookie Notice, CCPA Notice, and Website Accessibility Policy. This area cover the performance management review program 'Achieve Together' and the Foundational Skills program. "Employers need only enough to show (1) that theres a disability, and (2) the employee needs an accommodation." II. hn UVmH nH u hn jD hn U 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. Notice of a disability alone is not enough to trigger the obligation to initiate the interactive process. Additionally, don't use negative words as they have a bad impact. 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 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 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. %PDF-1.5 % o @ 2 0 obj ET, Presented by studioID and Express Employment Professionals, FMLA: The 30-year legacy of a celebrated and complicated employment law. accommodation and refused to participate in the interactive process); Steffes v. Stepan Co., 144 F.3d 1070, 1073 (7th Cir. 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. Topics covered: Employee learning, training, onboarding, mentoring, career development and more. 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. 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. 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. Learn more about your compensation, benefits and everything that goes into a Total Rewards package. Sometimes employers are not sure whether an accommodation will work and are afraid if they try it out they will be locked in forever. 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. The use of these forms does not insulate a user from liability or create a presumption that discrimination did not occur. 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. A Transfer Search may be another option. That there was followup, but that it stayed away from medical details. "Written follow-up in both directions that confirms what the discussion has been. 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 employer can switch the marginal functions performed by these two employees. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. "Interactive Process Checklist" any time they talk to the employee regarding these issues. Featuring Executive Search, our new arm of recruiting just for our clients at UC Berkeley. It is understood that these are temporary arrangements designed to allow UCSD employees to work while recovering from illness or injury, and do not represent a permanent change of duties or responsibilities. Also, include a closing and a polite signature. Initially, the plaintiff's FMLA paperwork indicated that she required the ability to leave early when she experienced her traffic-related anxiety "flare-ups." For example, if an employee has a couple of doctors appointments during the next few weeks and needs to come in a little late, let the person do it. ", "On the communication side, one of the really useful tools is documentation," Schwarz said. 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. That process requires "bilateral cooperation and communication," and requires both parties to engage in that process "in good faith." Employers must initiate an interactive process when an applicant or employee requests reasonable accommodations. When in doubt, ask for clarification on the request and why. Make copies of both forms and file in Employee Step 3: Determine if the Accommodation Requested is No Remote Monthly Series Training for 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. Circumstances or the effectiveness of accommodations can change over time. When expanded it provides a list of search options that will switch the search inputs to match the current selection. One good approach is to withhold the employees name and identifying information from outside resources. 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;}'; hn CJ ji.3 "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. The Americans with Disabilities Act (ADA) requires covered employers to provide effective, reasonable accommodations for employees with disabilities. The DFEH has created a sample Request for Reasonable Accommodation package to assist employers and employees in engaging in the interactive process. You can even have a trial period whenever theres doubt that an accommodation will be a good fit. After the full implementation of an accommodation, she follows-up with the employee in six weeks to ask if it is working. Following . Expand your toolbox with the tools and techniques needed to fix your organizations unique needs. Using the Interactive Process to Reach a Reasonable Accommodation. The Equal Employment Opportunity Commission (EEOC) enforces the protections provided to employees with disabilities under the Americans with Disabilities Act (ADA). 3 0 obj But the supervisor should have enough training to know when its time to go to HR. V. If an Employee Declines an Offer of Accommodation, Procedure 36: Classification of Positions, Procedure 60: Layoff and Reduction in Time from Professional and Support Staff Career Positions, Procedure 84: Accommodations for Nursing Mothers, Reasonable Accommodation and the Interactive Process, Family and Medical Leaves of Absence (FMLA/CFRA/PDL), Berkeley Campus Policy/Procedure for Medical Separation, Procedure 84: Accommodations for Nursing Mothers. Knowing When to Request Medical Information, What does "Undue Hardship" mean? Finally, the employee says, "I'm really having trouble getting out of bed in the morning. The hospital offered the employee three options: (i) transfer to a mutually agreeable position; (ii) apply for temporary disability benefits; or (iii) resign. xksF{fQ4A.x&v^zMt$c%(Rr`fZMdrb,. Select Accept to consent or Reject to decline non-essential cookies for this use. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> This is a request for a reasonable accommodation. Streamlining the Interactive Process When Accommodating Job Applicants, Tell 'Em About It: Educating the Workforce about the ADA & Accommodations, To Ask, or Not to Ask? An important but often forgotten part of the interactive process is monitoring accommodations after they are in place. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. No Upcoming Events for Interactive Process. x[OF0Ic{|Y"vB!8$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! n\3C[% This includes efforts at reasonable accommodation that will allow the employee to perform the essential assigned duties of her/his position. If an accommodation is not considered reasonable, refer to Sections IV and V below. 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. 184 0 obj <> endobj Some companies choose to assess employees by grading their performance in certain areas on a scale of one to 10. For example, if an employee who uses a wheelchair requests that his desk be placed on blocks to elevate the desktop above the arms of the wheelchair and the employer complies, an appropriate accommodation has been requested, identified, and provided without the need for a formal process. SAMPLE FORM FORMONITORING ACCOMMODATIONS JAN offers the following sample form as a tool to assist in the interactive accommodation process. However, when an accommodation is not obvious, an appropriate accommodation is best determined through a flexible, interactive process. ", "Document the whole thing from start to finish either you did the process or you didnt,"he said. Furthermore, the court reasoned that the plaintiff had not produced evidence suggesting that the company's reason for terminating her employment was untrue. An employer also cannot ignore these things simply because an employee has been cleared to return to work with or without restrictions. If equipment is involved in the accommodation, someone may need to be assigned to perform maintenance or upgrades as needed. An employee submitted an accommodation request for an ergonomic chair due to a back injury. Please enable scripts and reload this page. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. If it is an email, include an email signature with your contact information. 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. 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. Don't hide your interactive process requirement, rather publicize it. Fh^F`h Its a good idea to touch base with your employee on how things are going. <>/Metadata 73 0 R/ViewerPreferences 74 0 R>> ", Sencenbaugh said that when ADA issues are intertwined with performance issues, employers should always consider how its actions will look to the employee and to a jury a year from now. If there is a termination, he said, all the cards are on the table. NOTE: These procedures supplement relevant personnel policies and collective bargaining agreements, and should be read in conjunction with those provisions. 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. "), That the supervisor said, "How can I help you? After Completing FMLA, The Employer Uses The Interactive Process And Lawfully Terminated Its Employee The crossroad between the protections of the FMLA and the ADA is somewhat difficult to navigate. 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 <> Copyright Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. If a Disability Does Not Allow an Employee to Perform One or More Essential Job Functions. Reasonable Accommodation - National Association of Letter Carriers AFL-CIO Trautman v. Time Warner Cable Texas LLC, 5th Cir., No. The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation. 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 Interactive Process can begin in a number of ways. 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. Step 3: Get Job Descriptions in Order A lot of times we can find an accommodation., Fram agreed: When you get into anyof this, call JAN, he advised. ", 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. By using this site, you accept and agree to be bound by these terms. Organizations dont invest enough time looking for accommodation options and dont document where/how they have looked, said Loy. Inform appropriate people in the department what employees restrictions are and that the employee cannot exceed them. Welcome to the newest section of our site - Talent Acquisition! Necessary information may include documentation of the disability and need for accommodation. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. And while it's not a per se requirement, the law favors an "interactive process" for determining whether an effective accommodation is available. This includes: Evaluating the employee's functional abilities and limitations; Exploring options available for an accommodation. These forms included medical inquiry, onboarding, trial, and other process forms. What Now? The interactive process isnt always necessary, though. var temp_style = document.createElement('style'); Need help with a specific HR issue like coronavirus or FLSA? 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. Members can get help with HR questions via phone, chat or email. Another EEOC recommendation is to consider the employees preference. Evaluate whether the employee can perform the job safely. 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. This step is very important to the success of an 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. Court decisions interpreting the ADA provide some general principles. process will be maintained in your medical file, which is separate from your personnel file. 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. 1. The company was able to edit these forms to fit its needs. Here at UC Berkeley, we value your growth and development throughout your career journey. However, the company offered her the option of leaving work at 4 p.m. For example, it is sufficient if the employer receives notice of treatment needed by an employee. e e e e e y y y 8 y * F f* h* h* h* h* h* h* - / Before meeting with the employee, review the employee's current job description and any available 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. The description of the [modified/alternate] employment is as follows (include description of accommodation here): This is a temporary accommodation, not a permanent position. Failure to engage in the interactive process does not, in and of itself, result in liability under the ADA. Essential functionsare the basic job duties that an employee must be able to perform. {CL~j%"rx6M\dcxb9GG.bUxG++%[cO#wL42x%~Dzd@?qbFa9MKL]i@&K4KI11 3|&Sm(JX-:$|6e}J +qfR@I^t+QDUB>;&Z7t.
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