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. Employees can start the. The ability of employers and their managerial staff to recognize requests is important. A federal agency recently updated its accommodation policy. A good idea is to include a discussion of the interactive process as part of your ADA policy. SAMPLE FORM FORMONITORING ACCOMMODATIONS JAN offers the following sample form as a tool to assist in the interactive accommodation process. 2 0 obj This includes with or without reasonable accommodation. JANis a free national resource for employers looking for help with accommodations. 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. 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. Setting expectations at the beginning of the process could help reduce employees' apprehension and cut down on unnecessary phone calls and e-mails. % By using this site, you accept and agree to be bound by these terms. var currentUrl = window.location.href.toLowerCase(); 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. However, the company offered her the option of leaving work at 4 p.m. This is an area where difficulties often arise, as this process imposes duties on both the employer and the employee. 2023 Reasonable Accommodation | CRD - California 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. Members can get help with HR questions via phone, chat or email. The sample Options Letter may be modified by an appointing power 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. ; 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 EEOC recommends that you analyze the job, its purpose, and its essential functions. 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. 0 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. The purpose of an accommodation is to enable the employee to perform the essential functions of the job. USE OWN DEPARTMENT LETTERHEAD SAMPLE: SEND TO EMPLOYEE WHO - California These ideas, along with any ideas from the employee and employees medical provider, must be documented. The following persons will be present at this meeting: [names of meeting participants]. No Past In-Person Trainings for Interactive Process. If assistance is desired, please call the ACCES Consultant at (858) 888-8888. Employee Handbook Examples You Should Steal From - Workest Furthermore, the court reasoned that the plaintiff had not produced evidence suggesting that the company's reason for terminating her employment was untrue. 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? When the disability or the need for accommodation is obvious, the supervisor should inquire whether the employee has a need for assistance. |^| There should be no ambiguity in the explanation of the change. Some companies choose to assess employees by grading their performance in certain areas on a scale of one to 10. *&edtb?iB!+"M@"8hzMC|;q Have employee sign the Medical Release Form (Figure 5) and provide the job description that lists the essential job duties of the position. The human resources director informed him that the company policy is to only ask for what is absolutely necessary. Sometimes the supervisor just doesn't like the employee and doesn't want to help the employee,"he said. h\ CJ Think of theinteractive processas collaborating with your employees to develop accommodations. A large company wanted to standardize all of the accommodation requests it receives. Once again, the company agreed and allowed her to work from home from March 2014 until December 2014. 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. endobj Employee's Failure to Participate in Interactive Process Dooms ADA ", "On the communication side, one of the really useful tools is documentation," Schwarz said. endstream endobj startxref Even if a supervisor harbors no ill will toward an employee, inadequate training can cause things to fall apart. 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. This tech company uses their own platform to house their employee handbook, which they call an "employee manual.". The Americans with Disabilities Act (ADA) not only prohibits discrimination based on disability, but it also requires that employers provide workers with disabilities reasonable accommodations. 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. Assuming you return the requested information within the time frame noted above, we have scheduled an interactive meeting with you on [time] at [location]. 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. 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. Please log in as a SHRM member. The interactive process will look different for everyone. When expanded it provides a list of search options that will switch the search inputs to match the current selection. ", "If youre trying to determine whether an accommodation will work, good documentation and particularly a good and accurate job description"are key, said Sencenbaugh. Please read our Privacy Notice, Terms of Use, Cookie Notice, CCPA Notice, and Website Accessibility Policy. DOCUMENTING CURRENT ACCOMMODATIONS And while it's not a per se requirement, the law favors an "interactive process" for determining whether an effective accommodation is available. Also, include a closing and a polite signature. 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 important thing for employers to remember is not to ask for too much information. This process is initiated either by: The employee's written or verbal request for assistance, or. Another EEOC recommendation is to consider the employees preference. o @ The hospital offered the employee three options: (i) transfer to a mutually agreeable position; (ii) apply for temporary disability benefits; or (iii) resign. 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. c'`WpPs%<8 I\`aC~",&,b)qo)&ZG*#TFL*#QTy`^`t"d+p[|:n.Hmb]7Dx=>J ?|wadG 1fO7,m/I?viwMkO % ", 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. You can begin providing accommodations during the construction of a ramp if there are inaccessible areas. endobj endobj The law requires that employees and employers engage in the Interactive Process. Use JAN as needed we are free, and an outside resource. What Now? Titled " The Zappos Culture Book ," this handbook highlights the company's dedication to workplace culture. 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;}'; Please see Personnel Policies for Staff Members (PPSM), the Berkeley PPSM Implementing Procedures, and appropriate collective bargaining agreements for information on this process. Remember when consulting with outside resources, employers must comply with the confidentiality rules of the ADA. 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. %PDF-1.5 % A Transfer Search may be another option. Accommodation options will be considered in discussions with the employee. Here are some recommended steps to include in your checklist. Upon learning that the employee may need an accommodation, the supervisor should review job functions and qualifications for the position held by the employee. %PDF-1.5 If it is a written letter, include a handwritten signature. PDF Request for Accommodation Interactive Process Checklist Form to Be The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation. Time Warner Cable Texas LLC hired the plaintiff in October 2012 as a workforce analyst. This awareness might come through a third party, by observation, or because the employee has exhausted leave benefits but still needs reasonable accommodation. (800) 526-7234 (Voice) | (877) 781-9403 (TTY) | Employer Live Chat, Home| About| For Employers| For Individuals| For Others| On Demand, Feedback| Accessibility| Copyright| Disclaimer| Privacy. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. The employer can switch the marginal functions performed by these two employees. Step 3: Get Job Descriptions in Order If an accommodation is not considered reasonable, refer to Sections IV and V below. However, the employer gets to choose among effective options and can choose, for example, the lowest cost accommodation. 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. n\3C[% $(document).ready(function () { Make sure supervisory personnel are trained to report observations or information that may trigger the need to initiate the process without a request. 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.]. Reasonable Accommodation - National Association of Letter Carriers AFL-CIO According to the EEOC, the interactive process is not always required under the ADA. Don't hide your interactive process requirement, rather publicize it. If a Department Decides that the Proposed Accommodation(s) is Unreasonable. Example C: A new employee, who uses a wheelchair, informs the employer that her wheelchair cannot fit under the desk in her office. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. Fh^F`h 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 Communication is especially important if youve provided any assistive technology or equipment. An employer causing a breakdown in these informal discussions or refusing to engage in it altogether can serve as evidence of discrimination. ta SKN "Employers need only enough to show (1) that theres a disability, and (2) the employee needs an accommodation." Copyright Many employers dont want to, because they dont want to hear what JAN says, but you can be sure that if youre sued the employees lawyer will be calling JAN. You cant hide your head in the sand on this. While the company found that her request did not technically qualify as an ADA accommodation, it nevertheless granted it. Here at UC Berkeley, we value your growth and development throughout your career journey. It is understood that any problems that may arise during this transitional work period should be discussed openly and supportively. However, a recent federal court decision in Pennsylvania provides an example of the steps employers should follow after FMLA leave is used up to . The employee chose to apply for disability benefits and, when he did not return to work after one year, the hospital terminated his employment. Make use of words in such a way that . Following . The most important way to monitor accommodations is to encourage ongoing communication. Contact the Disability and Rehabilitation Consultant immediately in the event of performance or attendance problems. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. Empower your employee to express concerns with their accommodations at any time. hb```TB ea8 ,2^2o-r `{ iP~ |qW |t3utWD1$1}I? For additional information about the interactive process, contact JAN directly to speak with a consultant or visit AskJAN.org. The person writing the email should make sure that the change in process is communicated clearly. 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 Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Phrases like reasonable accommodation, Americans with Disabilities Act, or disability aren't necessary. Inform appropriate people in the department what employees restrictions are and that the employee cannot exceed them. But the supervisor should have enough training to know when its time to go to HR. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Remember to only ask for the necessary medical information. No Upcoming Events for Interactive Process. Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem." Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. <> The Interactive Process can begin in a number of ways. They are excellent. It also designated the majority of the plaintiff's leave previously taken in January and February 2015 as non-FMLA-qualified leave. Employee Signature:__________________________________Date:____________ Supervisor Signature:__________________________________Date:____________ # % & = > ? 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. This is a request for reasonable accommodation. 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 area cover the performance management review program 'Achieve Together' and the Foundational Skills program. Organizations dont invest enough time looking for accommodation options and dont document where/how they have looked, said Loy. First, the employer must have notice that the employee has a disability. Notice provided to supervisors or managers will be imputed to the employer. Learn more about your compensation, benefits and everything that goes into a Total Rewards package. As a result, the company approved the plaintiff's use of one hour of FMLA leave per week for a period of six months. Initially, the plaintiff's FMLA paperwork indicated that she required the ability to leave early when she experienced her traffic-related anxiety "flare-ups." 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. In response, the company requested additional information regarding the number of episodes the plaintiff experienced per week and the duration of the episodes. 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. Notice of a disability alone is not enough to trigger the obligation to initiate the interactive process. Failure to engage in the interactive process does not, in and of itself, result in liability under the ADA. 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. 222 0 obj <>stream x[OF0Ic{|Y"vB!8$m38t =saOE9/t4d/_u0[,_K1KY3u\p,Q";[N>p '$tB/`;I=`O@b6` {vxsA *;AXN0(/:!Npt"qD?6:u>O3G?Fu0nI hDD1qpa o=^,LT7&Q8`!m+@Y.M7o"ACP9gC0+y=8A+uvoE %}IZ"EwV@_[PZmm[8>^||'=biB@^ru.@{&a[J{h%dyplpy5g}c!@75e! Our focus on the People & Organization Development Team is to ensure that we are giving you the growth and development opportunities at the #1 public university in the world. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> }); if($('.container-footer').length > 1){ The law requires that employees and employers engage in the Interactive Process. The following list provides some guidelines. The company was able to edit these forms to fit its needs. 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. endstream endobj 188 0 obj <>stream Members may download one copy of our sample forms and templates for your personal use within your organization. ", "Clarity is important," he said, "and getting things in writing adds to clarity. 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. 3 0 obj $('.container-footer').first().hide(); If the accommodation involves an outside service, someone needs to make sure the service is provided promptly and effectively. The ADA requires an "interactive process" between a disabled employee and her employer in the search for a reasonable accommodation. Together you can discuss the potential impact of the accommodations. 4 0 obj 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." The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. Sometimes employers are not sure whether an accommodation will work and are afraid if they try it out they will be locked in forever. Finally, the employee says, "I'm really having trouble getting out of bed in the morning. Again, the employee who requested the accommodation is a good place to start so employers should always invite the employee to suggest accommodations. Understanding The ADA's Interactive Process - Insperity That the supervisor didn't ask anything medical. Choose someone to ensure that the request for accommodations gets processed. However, unless the disability or the need for accommodation is obvious, it is the responsibility of the employee to inform the supervisor that an accommodation is needed in order to perform the essential job functions, or to receive equal benefits and privileges of employment. An employers duty to initiate the interactive process without a request for accommodation from the employee, Are You In or Out? Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. One thing employers might want to do when testing accommodations is to make a written agreement with the employee that the accommodation is being tested, how long the test will be, and what will happen if the accommodation does not work. This documentation may also include the medical practitioners suggestions about potential accommodations. 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." The Interactive Process can begin in a number of ways. 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. The Central Services teams provide critical HR-related services to nearly all of the Berkeley campus, including records management and visa documentation. For example, if an employee needs an accessible parking space, coworkers need to know only that this person has a specific space not why.