Fram said he sees the same problem. At this step, employers should be open to new ideas and new ways of doing things. 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"); ` Since a new individual took over the ADA Coordinator position for a community college, an effectiveness check for all accommodation approvals is required. 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. Please log in as a SHRM member. @ A B U V n o z { No Past In-Person Trainings for Interactive Process. "Thats what courts will look at: [whether there was] a thorough, fair effort to communicate and find an accommodation. hVnF}LwYIn]m2Y$gnVUmP;gJ+Jh1LN[Vx0;(EfxTB-[e MJ r !w2e!CJVF4""5\IexNVr7Zr':A] ;90Zj5RlQJu9MUJrZ?fi%Pz66 ~E>yQ%^4mv2TP4& ^>r9yHk*@bM45Z]{Vx\i#sL#~wTGX*Wd9ElUozj(F$Y~(*L8rp!o_TMYe**5//Z"s5WMo*tpvjgOnaH6>Ia=YLEUp}C|X3rbartqs\A:7rg7J{|Ar#fQ}'>MS *PbX6b=*y/~'JOr!hgT.t-k]%~Ma!ED]J\Q68xE.~2TY$?G!2HSD The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. Expand your toolbox with the tools and techniques needed to fix your organizations unique needs. The process requires an individualized assessment of both the job and the specific physical or mental limitations of the individual that are directly related to the need for reasonable accommodation. Learn more about your compensation, benefits and everything that goes into a Total Rewards package. That the employer has provided what was requested. JAN provides free, confidential technical assistance about job accommodations and the Americans with Disabilities Act (ADA). Also, include a closing and a polite signature. endobj A Transfer Search is a process that may be available to employees who cannot perform the essential functions of their own position for an extended period of time, but are able to work in other jobs. ", The employees request. The employer can switch the marginal functions performed by these two employees. 2023 HTMo0ZWb(zmAZ#yJ~$e9E&iIl,`4N4rg"YydwA[. The Americans with Disabilities Act (ADA) requires covered employers to provide effective, reasonable accommodations for employees with disabilities. Adobe PDF viewer is required for some of these documents. But the supervisor should have enough training to know when its time to go to HR. Notice may also come in the form of objective proof, such as sudden or increasing inability to perform job functions or other physical manifestations of symptoms that are readily observable to others in the workplace. Determine if any repair, maintenance, or replacement is necessary to any equipment. 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. 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. Employers must also act promptly to initiate this discussion. 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 " 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. Here at UC Berkeley, we value your growth and development throughout your career journey. The EEOC recommends that you analyze the job, its purpose, and its essential functions. the employees disability and need for accommodation are obvious. Circumstances or the effectiveness of accommodations can change over time. Virtual & Washington, DC | February 26-28, 2023. 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 Don't hide your interactive process requirement, rather publicize it. These accommodations are specific to each individuals needs. DOCUMENTING CURRENT ACCOMMODATIONS 2 0 obj Once accommodation options have been explored, the employer must choose what accommodation to implement. 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. Topics covered: Employee learning, training, onboarding, mentoring, career development and more. Topics covered: Culture, executive buy-in, discrimination, training, equal pay, and more. 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If the employee is not eligible for (or chooses not to select) medical separation, the employee may be involuntarily terminated for non-performance. Understand how these limitations impact their essential job functions. 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. Employees can start the interactive process using any form, including verbal communication. A lot of times we can find an accommodation., Fram agreed: When you get into anyof this, call JAN, he advised. Here are some recommended steps to include in your checklist. III. A Transfer Search may be another option. The law requires that employees and employers engage in the Interactive Process. The interactive design is user-friendly and highly engaging. Please read our Cookie Notice. The assistant wanted the employee to sign a blanket medical release. 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 Interactive Process can begin in a number of ways. In many instances, the appropriate accommodation is obvious and therefore it is not necessary to go through a step-by-step process. The hospital offered the employee three options: (i) transfer to a mutually agreeable position; (ii) apply for temporary disability benefits; or (iii) resign. 1 0 obj "If there is one, go ahead and just do it." Dont assume that thecosts of providing the accommodationwill be too expensive. This step is very important to the success of an accommodation. <>/Metadata 73 0 R/ViewerPreferences 74 0 R>> Employee Signature:__________________________________Date:____________ Supervisor Signature:__________________________________Date:____________ # % & = > ? If a Department determines that an employee-requested accommodation is reasonable, the accommodation should be implemented as soon as possible. h\ CJ Notice may come from the employee directly, or from the employees family members, friends, health professionals or other representatives. If it is a written letter, include a handwritten signature. Make sure supervisory personnel are trained to report observations or information that may trigger the need to initiate the process without a request. NOTE: These procedures supplement relevant personnel policies and collective bargaining agreements, and should be read in conjunction with those provisions. Additionally, don't use negative words as they have a bad impact. If the need to accommodate is obvious, an employer cannot simply wait for an employee to expressly request an accommodation. If you are claiming undue hardship, you need to be able to articulate why youve met that standard. 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 employee does not need to use any magic language when making the request, and need not reference the ADA or specifically use the term reasonable accommodation. This notice triggers the employers obligation to initiate the interactive process. "You rarely see an . This is a request for a reasonable accommodation. They are excellent. The following situations and solutions are real-life examples of accommodations that were made by JAN customers. ' ( 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 First, the employer must have notice that the employee has a disability. Notice provided to supervisors or managers will be imputed to the employer. 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! Together you can discuss the potential impact of the accommodations. As stated by the Third Circuit Court of Appeals in Taylor v. Sometimes employers are not sure whether an accommodation will work and are afraid if they try it out they will be locked in forever. Assuming you return the requested information within the time frame noted above, we have scheduled an interactive meeting with you on [time] at [location]. The Interactive Process can begin in a number of ways. This button displays the currently selected search type. If it is an email, include an email signature with your contact information. 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. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. This is the time to brainstorm and consider what might work. While the company found that her request did not technically qualify as an ADA accommodation, it nevertheless granted it. 0 An employer also cannot ignore these things simply because an employee has been cleared to return to work with or without restrictions. Under the regulations, the interactive process obligation is triggered by knowledge of the need for an accommodation. An employer causing a breakdown in these informal discussions or refusing to engage in it altogether can serve as evidence of discrimination. ", Additionally, employers sometimes request or gather too much medical information, Loy said. 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. Finally, the employee says, "I'm really having trouble getting out of bed in the morning. Your Employee & Labor Relations team now supports both represented and non-represented employees. ", Often, employers cause a breakdown in the interactive process because they're just not trying hard enough. Featuring Executive Search, our new arm of recruiting just for our clients at UC Berkeley. "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. As a part of this update, disability program managers have to touch base with the Job Accommodation Network when seeking accommodation ideas. 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 One good approach is to withhold the employees name and identifying information from outside resources. After complaining to her supervisor, the supervisor talked with HR. Please read our Privacy Notice, Terms of Use, Cookie Notice, CCPA Notice, and Website Accessibility Policy. <> <> 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. JANis a free national resource for employers looking for help with accommodations. In California, it is unlawful for an employer to fail to engage in a timely, good faith, interactive process. You dont want the front-line supervisor feeling like he needs to answer this question,"Schwarz said, and "it's not realistic that every manager/supervisor will become an expert in the interactive process. 2 0 obj An employee should not be asked whether s/he has a disability or any other question about his/her medical condition. 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. When expanded it provides a list of search options that will switch the search inputs to match the current selection. 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! The DFEH has created a sample Request for Reasonable Accommodation package to assist employers and employees in engaging in the interactive process. Fh^F`h Learn more in our Cookie Policy. ", "On the communication side, one of the really useful tools is documentation," Schwarz said. Notice of a disability alone is not enough to trigger the obligation to initiate the interactive process. Never assume an employee is disabled. If an accommodation is not considered reasonable, refer to Sections IV and V below. 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 employee chose to apply for disability benefits and, when he did not return to work after one year, the hospital terminated his employment. That there was followup, but that it stayed away from medical details. | 2 p.m. Choose someone to ensure that the request for accommodations gets processed. So it's important to note that your employee's request doesn't have to be in writing. Employees last name], We have received your medical release from your doctor, [name] dated [date]. Keep your message as short as possible. This documentation may also include the medical practitioners suggestions about potential accommodations. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. One member of the crew wears a prosthetic leg which enables him to walk very well, but climbing steps is painful and difficult. 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. var currentUrl = window.location.href.toLowerCase(); Knowing When to Request Medical Information, What does "Undue Hardship" mean? The company was able to edit these forms to fit its needs. hbbd```b``:"kd6di`f0^ X|9$x hH : This agreement should be documented. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. When in doubt, ask for clarification on the request and why. For example, it is sufficient if the employer receives notice of treatment needed by an employee. " Let HR Dive's free newsletter keep you informed, straight from your inbox. The interactive process can begin when the employee makes the request. Employers must initiate an "interactive process" when an applicant or employee requests reasonable accommodations. 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. This includes efforts at reasonable accommodation that will allow the employee to perform the essential assigned duties of her/his position. 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. If equipment is involved, then it needs to be properly installed and the employee needs to be trained in its proper use. The checklist and any notes should be maintained in a separate confidential medical file for that employee. ", Get the free daily newsletter read by industry experts, Photo illustration: Shaun Lucas/Industry Dive;Greg Gibson/AP. Take the employee's expressed preferences into consideration. endstream endobj 185 0 obj <>/Metadata 16 0 R/Pages 182 0 R/StructTreeRoot 32 0 R/Type/Catalog>> endobj 186 0 obj <>/MediaBox[0 0 612 792]/Parent 182 0 R/Resources<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 187 0 obj <>stream 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. process will be maintained in your medical file, which is separate from your personnel file. But this all counts as the interactive process. II. In evaluating the reasonableness of an accommodation, a supervisor and Department should consider a range of issues. However, when an accommodation is not obvious, an appropriate accommodation is best determined through a flexible, interactive process. 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. The use of these forms does not insulate a user from liability or create a presumption that discrimination did not occur. A federal agency recently updated its accommodation policy. Accommodation and Compliance: Interactive Process, EEOC (Reasonable Accommodation and Undue Hardship (EEOC Guidance), JAN's Effective Accommodation Practice Series: Interactive Process and Service Providers, Employers' Practical Guide to Reasonable Accommodation Under the Americans with Disabilities Act (ADA), Employers' Practical Guide: Reasonable Accommodation During the Hiring Process, Addressing Requests for Sit/Stand Workstations, Best Practices for Addressing Requests for Ergonomic Chairs, Making a Statement About Reasonable Accommodation and Equal Opportunity, Providing Temporary or Trial Accommodation Solutions, Recertifying the Ongoing Need for Accommodation, Using Third-Party Vendors to Process Accommodation Requests. c'`WpPs%<8 I\`aC~",&,b)qo)&ZG*#TFL*#QTy`^`t"d+p[|:n.Hmb]7Dx=>J ?|wadG 1fO7,m/I?viwMkO % Topics covered: Talent acquisition, diversity and inclusivity in hiring, employer branding, performance evaluations and more. The law requires that employees and employers engage in the Interactive Process. It's not a terribly complicated idea, but many employers fall short in the execution. Setting expectations at the beginning of the process could help reduce employees' apprehension and cut down on unnecessary phone calls and e-mails. 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. Make use of positive language and try to remain positive throughout the email.
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sample interactive process letter to employee
