% But failure to engage in the interactive process may prevent an employee from receiving a reasonable accommodation, and may therefore result in liability under the ADA. 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! Because changes occur, employers may need to periodically check on the ongoing effectiveness of accommodations. Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem." The accommodation [will begin or began] on [date] and end based upon future doctor visits. 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. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. Once the employer has notice of a disability and the need for an accommodation, the ADA requires (1) direct communication between the employer and employee to explore in good faith the possible accommodations; (2) consideration of the employees request; and (3) offering an accommodation that is reasonable and effective.. 222 0 obj <>stream Adobe PDF viewer is required for some of these documents. Employers must initiate an interactive process when an applicant or employee requests reasonable accommodations. ta SKN An employer also cannot ignore these things simply because an employee has been cleared to return to work with or without restrictions. Here are some recommended steps to include in your checklist. o @ 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. Shortly thereafter, the company terminated the plaintiff's employment after she failed to report to work due to child care issues. > g  f bjbj 4 X " The interactive design is user-friendly and highly engaging. Members may download one copy of our sample forms and templates for your personal use within your organization. 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." There areperksto creating a company culture that welcomes employees with disabilities. 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 e e e e e y y y 8 y * F f* h* h* h* h* h* h* - / This is a request for a reasonable accommodation. hn CJ ) $ % A B c ) * 6 gd] F^F 8&#$$d &d N P )#P &#$$d &d N P a&#$-D(M Also, include a closing and a polite signature. The EEOCs Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act provides that as a general rule, the individual with a disability who has the most knowledge about the need for reasonable accommodation must inform the employer than an accommodation is needed. The request can be made verbally or in writing. The use of these forms does not insulate a user from liability or create a presumption that discrimination did not occur. It was created to assist you while you are recovering. Finally, the employee says, "I'm really having trouble getting out of bed in the morning. Since a new individual took over the ADA Coordinator position for a community college, an effectiveness check for all accommodation approvals is required. The Equal Employment Opportunity Commission (EEOC) enforces the protections provided to employees with disabilities under the Americans with Disabilities Act (ADA). HTMo0ZWb(zmAZ#yJ~$e9E&iIl,`4N4rg"YydwA[. "You rarely see an . 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 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. Essential functionsare the basic job duties that an employee must be able to perform. 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. 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. 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. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Welcome to the newest section of our site - Talent Acquisition! This step is very important to the success of an accommodation. Navigating the New EU Unitary Patent, EEOC targeting discriminatory use of artificial intelligence, Court upholds firing of marijuana cardholders discharged after positive weed test, Deadline nears for complying with PUMP Acts expanded protections for nursing mothers in the workplace. The law requires that employees and employers engage in the Interactive Process. ; %%EOF The interactive process isnt always necessary, though. z0#D0v[{qL*Aoco; tY-bGG[!8^N^1swy QZU^BL@z6xWbt aQ"(4^+(4`V@91&jE,_C5lRqk_h:f.tlZr.9gO(t"w#\O #*^]]7j]" :It)Rf!n', This notice does not need to disclose the employees specific condition. Please purchase a SHRM membership before saving bookmarks. That the employer has provided what was requested. 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. The law has helped hundreds of millions of workers in its relatively short history. You have successfully saved this page as a bookmark. JANis a free national resource for employers looking for help with accommodations. Assuming the proper criteria are met, the next step is for the employer and employee to engage in an "interactive process". II. No Past Recorded Modules for Interactive Process. 3 0 obj 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. Before sharing any final decision with the employee, the Department should consult with the Disability Case Management Counselor, Employee Relations and the Departmental Human Resources Manager. ` 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. If the employee cannot provide the necessary information, then medical documentation can be useful. Dont assume that thecosts of providing the accommodationwill be too expensive. Using the Interactive Process to Reach a Reasonable Accommodation. The DFEH has created a sample Request for Reasonable Accommodation package to assist employers and employees in engaging in the interactive process. This is not the case employers are free to try accommodations and stop them if they do not work. endobj 184 0 obj <> endobj <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> The assistant wanted the employee to sign a blanket medical release. 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? Furthermore, the court reasoned that the plaintiff had not produced evidence suggesting that the company's reason for terminating her employment was untrue. Once an accommodation request has been received, the employer should gather whatever information is necessary to process the request. NOTE: These procedures supplement relevant personnel policies and collective bargaining agreements, and should be read in conjunction with those provisions. If there is no solution, the best thing is your documentation showing that you did explore accommodation options. h\ CJ The description of the [modified/alternate] employment is as follows (include description of accommodation here): This is a temporary accommodation, not a permanent position. "Employers need only enough to show (1) that theres a disability, and (2) the employee needs an accommodation." Your Employee & Labor Relations team now supports both represented and non-represented employees. Empower your employee to express concerns with their accommodations at any time. The employee does not have to formally notify the supervisor or department in writing. Inform appropriate people in the department what employees restrictions are and that the employee cannot exceed them. Please confirm that you want to proceed with deleting bookmark. This includes information on the essential job functions your employee can and cant do. This awareness might come through a third party, by observation, or because the employee has exhausted leave benefits but still needs reasonable accommodation. Again, the employee who requested the accommodation is a good place to start so employers should always invite the employee to suggest accommodations. This is considered an accommodation request. 4 0 obj While she did not submit a formal accommodation request, and the company had concerns that she would be unable to perform certain aspects of her job while at home, it nevertheless allowed her to leave the office in the early afternoon and work from her home for the remainder of the day. Knowing When to Request Medical Information, What does "Undue Hardship" mean? 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. If a Department determines that an employee-requested accommodation is reasonable, the accommodation should be implemented as soon as possible. After complaining to her supervisor, the supervisor talked with HR. Topics covered: HR management, compensation & benefits, development, HR tech, recruiting and much more. As stated by the Third Circuit Court of Appeals in Taylor v. Example D: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. Please enable scripts and reload this page. The company did not receive information in response to this request. Asking for all medical records will rarely, if ever, meet this test. Decision-making authority: Department head or designee. Douglas Schwarz, a partner with Morgan, Lewis & Bockius LLP, said that recognizing when someone has requested an accommodation is not always an easy thing to do, especially because there's no bright-line event or statement that triggers the employers obligation to participate in the interactive process. SAMPLE FORM FORMONITORING ACCOMMODATIONS JAN offers the following sample form as a tool to assist in the interactive accommodation process. In response, the company requested additional information regarding the number of episodes the plaintiff experienced per week and the duration of the episodes. In evaluating the reasonableness of an accommodation, a supervisor and Department should consider a range of issues. "If there is one, go ahead and just do it." For example, it is sufficient if the employer receives notice of treatment needed by an employee. Be open to doing things a different way. The law requires that employees and employers engage in the Interactive Process. 3 0 obj The interactive process can begin when the employee makes the request. 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.

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