o @ Use JAN as needed we are free, and an outside resource. That the supervisor didn't ask anything medical. After complaining to her supervisor, the supervisor talked with HR. NOTE: These procedures supplement relevant personnel policies and collective bargaining agreements, and should be read in conjunction with those provisions. <> 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." Make copies of both forms and file in Employee Step 3: Determine if the Accommodation Requested is This is not the case employers are free to try accommodations and stop them if they do not work. When expanded it provides a list of search options that will switch the search inputs to match the current selection. McAfee & Taft A Professional Corporation. Employees can start the. 2023 Also, employers "should not be getting periodic updates when the initial documentation states that the condition is not going to change. Decision-making authority: Department head or designee. $(document).ready(function () { The important thing for employers to remember is not to ask for too much information. Asking for all medical records will rarely, if ever, meet this test. Contact the Disability and Rehabilitation Consultant immediately in the event of performance or attendance problems. 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. 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. These accommodations are specific to each individuals needs. Even if a supervisor harbors no ill will toward an employee, inadequate training can cause things to fall apart. However, in other cases the individual may know that he/she is having difficulty, but may be uncertain about the exact cause or possible solution. 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. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { % Choose someone to ensure that the request for accommodations gets processed. This is a request for reasonable accommodation. endobj This step is very important to the success of an accommodation. Once the employer has identified the employees limitation that is causing a problem and has identified what that problem is, then the employer is ready to explore accommodation options. In some cases, the employees disability and need for accommodation are obvious and no additional information is needed. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. If it is a written letter, include a handwritten signature. The use of these forms does not insulate a user from liability or create a presumption that discrimination did not occur. For more information on Reasonable Accommodation and the Interactive Process, please see PPSM Policy 81 and relevant collective bargaining agreements. An important step in the performance review process is choosing the standard for the evaluation. The interactive process will look different for everyone. After exhausting her FMLA leave in March 2014, she asked to work from home due to difficulties transitioning her child to bottle feeding. Again, the employee who requested the accommodation is a good place to start so employers should always invite the employee to suggest accommodations. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> An employee submitted an accommodation request for an ergonomic chair due to a back injury. 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. c'`WpPs%<8 I\`aC~",&,b)qo)&ZG*#TFL*#QTy`^`t"d+p[|:n.Hmb]7Dx=>J ?|wadG 1fO7,m/I?viwMkO % The Equal Employment Opportunity Commission (EEOC) enforces the protections provided to employees with disabilities under the Americans with Disabilities Act (ADA). Employee Signature:__________________________________Date:____________ Supervisor Signature:__________________________________Date:____________ # % & = > ? "If it wont work, you can show you did all you could have done. This is a request for a reasonable accommodation. An employee should not be asked whether s/he has a disability or any other question about his/her medical condition. Please enable scripts and reload this page. Other resources, such as the Job Accommodations Network (JAN), or your employee's medical provider, can give suggestions. This process is initiated either by: The employee's written or verbal request for assistance, or. % The law requires that employees and employers engage in the Interactive Process. If assistance is desired, please call the ACCES Consultant at (858) 888-8888. Employees can start the interactive process using any form, including verbal communication. Circuit Court of Appeals decision shows. 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. 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. 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. 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. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. 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. You dont have to provide a reasonable accommodation that would cause undue hardship. But you must select the next reasonable and effective accommodation when this happens. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. That process requires "bilateral cooperation and communication," and requires both parties to engage in that process "in good faith." If the employee requests a type of assistance the supervisor may simply provide it (without any reference to whether the request is disability-related), or the supervisor may ask if the assistance is being requested as an accommodation to a disability (and if the response is affirmative, proceed under campus procedures for accommodating employees with disabilities). the employees disability and need for accommodation are obvious. As a part of this update, disability program managers have to touch base with the Job Accommodation Network when seeking accommodation ideas. Then select the most appropriate accommodation for you and your employee. [SHRM members-only toolkit:Accommodating Employees' Disabilities], In holding that the ADA discrimination and FMLA retaliation claims could not proceed to trial, the court noted the company's legitimate basis for its termination decisionnamely, excessive absenteeism and the well-established principle that "an employee's failure to show up for work is a legitimate reason for firing her." 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. (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. The EEOC recommends that you analyze the job, its purpose, and its essential functions. One member of the crew wears a prosthetic leg which enables him to walk very well, but climbing steps is painful and difficult. This notice does not need to disclose the employees specific condition. ta SKN No Past In-Person Trainings for Interactive Process. For additional information about the interactive process, contact JAN directly to speak with a consultant or visit AskJAN.org. An important but often forgotten part of the interactive process is monitoring accommodations after they are in place. 1630.2(o)(3). 9o!S&GdpGm!xXrpyMjmuQw) 4=+Ah}S:2u Assess the effectiveness of the accommodation(s) in enabling the employee to perform the essential functions of the job. Trello. A Department should consider the factors listed in Section III. Dont prematurely end the process,"Schwarz said. Trautman v. Time Warner Cable Texas LLC, 5th Cir., No. h\ CJ 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. Equal Employment Opportunity Commission, For more training and information on the interactive process, see JAN's Just-In-Time Training Module ", For information on the interactive process in relation to service providers, see, No Blog Posts available for Interactive Process. If on account of disability an employee continues not to perform the essential functions of the job, either because s/he refuses to utilize offered accommodations or because even reasonable accommodations do not enable him/her to perform the essential functions of the job, the employee may be eligible for medical separation. Don't hide your interactive process requirement, rather publicize it. The interactive process can begin when the employee makes the request. An employers duty to initiate the interactive process without a request for accommodation from the employee, Are You In or Out? 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. If equipment is involved, then it needs to be properly installed and the employee needs to be trained in its proper use. The request can also come from someone other than the employee. 1 0 obj But the supervisor should have enough training to know when its time to go to HR. 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. Learn more about your compensation, benefits and everything that goes into a Total Rewards package. Topics covered: National employment laws, harassment, accommodations, training, and more. Should an Accommodation Request Automatically Trigger FMLA? Failure to engage in the interactive process does not, in and of itself, result in liability under the ADA. Your session has expired. 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. A Transfer Search, if appropriate, is a continuation of the Interactive Process. Once an accommodation request has been received, the employer should gather whatever information is necessary to process the request. 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. If the employee is not eligible for (or chooses not to select) medical separation, the employee may be involuntarily terminated for non-performance. Once again, the company agreed and allowed her to work from home from March 2014 until December 2014. 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. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions.
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