The sample Options Letter may be modified by an appointing power The company did not receive information in response to this request. Make sure supervisory personnel are trained to report observations or information that may trigger the need to initiate the process without a request. Once again, the company agreed and allowed her to work from home from March 2014 until December 2014. Trautman v. Time Warner Cable Texas LLC, 5th Cir., No. The DFEH has created a sample Request for Reasonable Accommodation package to assist employers and employees in engaging in the interactive process. If equipment is involved in the accommodation, someone may need to be assigned to perform maintenance or upgrades as needed. Finally, the employee says, "I'm really having trouble getting out of bed in the morning. 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. By using this site, you accept and agree to be bound by these terms. process will be maintained in your medical file, which is separate from your personnel file. Sample Forms - AskJAN.org You can even have a trial period whenever theres doubt that an accommodation will be a good fit. One good approach is to withhold the employees name and identifying information from outside resources. This awareness might come through a third party, by observation, or because the employee has exhausted leave benefits but still needs reasonable accommodation. The Equal Employment Opportunity Commission (EEOC) enforces the protections provided to employees with disabilities under the Americans with Disabilities Act (ADA). In other cases, they may not be able to suggest ideas, but may be able to say whether ideas under consideration will help overcome the employees limitations. 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? 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 company was able to edit these forms to fit its needs. Select Accept to consent or Reject to decline non-essential cookies for this use. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { 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;}'; The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. One member of the crew wears a prosthetic leg which enables him to walk very well, but climbing steps is painful and difficult. Example:Your employee tells you theyre having issues getting to work on time because of a medical treatment they are receiving. USE OWN DEPARTMENT LETTERHEAD SAMPLE: SEND TO EMPLOYEE WHO - California "Thats what courts will look at: [whether there was] a thorough, fair effort to communicate and find an accommodation. Employees can start the interactive process using any form, including verbal communication. Example D: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. The company denied her request, noting that her position required her to work from the office during normal business hours, including the afternoons. It is with the understanding that after each future doctor visits you will provide a medical update indicating either a release to perform the essential functions of your position or information describing updated functional limitations, so that a determination can be made regarding continuation of the temporary accommodation. $("span.current-site").html("SHRM China "); 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. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. 1. 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. 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. Members can get help with HR questions via phone, chat or email. To begin this process, the company downloaded forms from JANs A to Z: Sample Forms. Employers must also act promptly to initiate this discussion. For example, if an employee who recently started using a wheelchair indicates that he needs a ramp to get into the workplace, the disability and need for accommodation are obvious. A JAN consultant explained the interactive process, that the employee's disclosure is a request for accommodation, and shared JAN's Sample Reasonable Accommodation Request Form for Employers to provide to the employee, in order to clarify and document her accommodation needs. The request had been sitting on one of the desks in the purchasing department. However, the company offered her the option of leaving work at 4 p.m. After Completing FMLA, The Employer Uses The Interactive Process And Learn more about your compensation, benefits and everything that goes into a Total Rewards package. The procedures apply for employees covered by the Americans with Disabilities Act (ADA), The California Fair Employment and Housing Act and/or Sections 503/504 of the 1973 Rehabilitation Act. This process is initiated either by: The employee's written or verbal request for assistance, or. ", The employees request. Understanding The ADA's Interactive Process - Insperity Fh^F`h What does antisemitic discrimination look like at work? Topics covered: National employment laws, harassment, accommodations, training, and more. The law requires that employees and employers engage in the Interactive Process. 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. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. Please read our Cookie Notice. 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 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. 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"); The following persons will be present at this meeting: [names of meeting participants]. 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. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. 1 0 obj ", 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.". 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. | 1 p.m. 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. Employee Signature:__________________________________Date:____________ Supervisor Signature:__________________________________Date:____________ # % & = > ? 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. <> This is the time to brainstorm and consider what might work. 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. <>>> Your session has expired. An important but often forgotten part of the interactive process is monitoring accommodations after they are in place. 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. Inform your employees that a requirement of the ADA is that both parties communicate in good faith regarding reasonable accommodations. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. Read more 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." Once accommodation options have been explored, the employer must choose what accommodation to implement. Example C: A new employee, who uses a wheelchair, informs the employer that her wheelchair cannot fit under the desk in her office. An employer causing a breakdown in these informal discussions or refusing to engage in it altogether can serve as evidence of discrimination. A good idea is to include a discussion of the interactive process as part of your ADA policy. Reasonable Accommodations for Employees and Applicants with - DOL 2 0 obj Under the regulations, the interactive process obligation is triggered by knowledge of the need for an accommodation. The description of the [modified/alternate] employment is as follows (include description of accommodation here): This is a temporary accommodation, not a permanent position. Friends, family, and health professionals can request accommodations on an employees behalf. The interactive design is user-friendly and highly engaging. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. Pay careful attention to medical-related issues employees bring to your attention. 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. 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! 4 hn CJ ) $ % A B c ) * 6 gd] F^F 8&#$$d &d N P )#P &#$$d &d N P a&#$-D(M Work with your employee to understand their specific challenges or limitations. Jonathan E. O'Connell, SHRM-SCP, is a labor and employment attorney practicing with the federal government in Washington, D.C. [Visit SHRM's resource page on theAmericans with Disabilities Act.]. Please note that all such forms and policies should be reviewed by your legal . If the employee refuses to make a good faith effort to perform the essential functions of his/her job using a reasonable accommodation offered by the supervisor, the employee and supervisor should re-initiate the Interactive Process, working with the department and the Vocational Rehabilitation group, and Employee Relations to identify alternatives. When in doubt, ask for clarification on the request and why. endstream endobj 189 0 obj <>stream This includes with or without reasonable accommodation. According to the EEOC, the interactive process is not always required under the ADA. Zappos. Even if a supervisor harbors no ill will toward an employee, inadequate training can cause things to fall apart. Other options, such as a leave of absence or reduced schedule, exist and should be evaluated in light of what is permitted under policy and contract. Asking for all medical records will rarely, if ever, meet this test. *&edtb?iB!+"M@"8hzMC|;q Virtual & Washington, DC | February 26-28, 2023. 3 0 obj The use of these forms does not insulate a user from liability or create a presumption that discrimination did not occur. x[OF0Ic{|Y"vB!8$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! 3 0 obj But the supervisor should have enough training to know when its time to go to HR. Determine if any repair, maintenance, or replacement is necessary to any equipment. Circumstances or the effectiveness of accommodations can change over time. 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. How to Create a Robust Reasonable Accommodation Process - SHRM EEOC: Medical Leave Request Initiates ADA Obligations - SHRM |^| After an employee requests accommodations, the employer must take the appropriate steps. Assess the effectiveness of the accommodation(s) in enabling the employee to perform the essential functions of the job. If the employee cannot provide the necessary information, then medical documentation can be useful. This is considered an accommodation request. An employer also cannot ignore these things simply because an employee has been cleared to return to work with or without restrictions. 184 0 obj <> endobj When the need isn't obvious, more information will be helpful when discussing accommodations. If an accommodation is not considered reasonable, refer to Sections IV and V below. SAMPLE FORM FORMONITORING ACCOMMODATIONS JAN offers the following sample form as a tool to assist in the interactive accommodation process. An employee's request for Family and Medical Leave Act (FMLA) time off automatically triggers an employer's Americans with Disabilities Act (ADA) obligations, even absent a specific request for . They are excellent. The ability of employers and their managerial staff to recognize requests is important. 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. After the full implementation of an accommodation, she follows-up with the employee in six weeks to ask if it is working. The employer needs to know what limitations are interfering with job performance and what specific work tasks are at issue. Responding to Employee Accommodation Requests under the ADA: Navigating +R^_C%342hE0qmQSK[ x Your Employee & Labor Relations team now supports both represented and non-represented employees. This is a request for a reasonable accommodation. No Upcoming Events for Interactive Process. The marginal functions of a second crew member include cleaning the small kitchen in the employee's lounge, which is something the first crew member can perform. Use JAN as needed we are free, and an outside resource. 7 ways to screw up the ADA's interactive process | HR Dive Sometimes, however, the employer must initiate the interactive process without receiving a request for accommodation from the employee. Reasonable Accommodation and the Interactive Process PDF Reasonable Accommodation - National Association of Letter Carriers AFL-CIO ", "Document the whole thing from start to finish either you did the process or you didnt,"he said. It was created to assist you while you are recovering. + : 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. Employees who are receiving accommodations need to understand that they should let their employers know if there are changes or problems with the accommodation and who specifically to contact. 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. Whenever a supervisor decides not to grant an employee's request for assistance (even when the assistance has not been identified as a request for accommodation of a disability), the best practice is to provide the employee with the campus policies/procedures pertinent to accommodation of employees with disabilities. The sample policy, written by a law firm, notes that it is intended to aid employers in meeting their obligations under the Americans with Disabilities Act (ADA), as amended, and states that the accompanying sample forms are for "informational, educational, and/or training purposes only." 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. ("I need an anti-glare screen."). 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. Time Warner Cable Texas LLC hired the plaintiff in October 2012 as a workforce analyst. 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. The human resources director informed him that the company policy is to only ask for what is absolutely necessary. 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.