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", Often, supervisors don't recognize an accommodation request or ignore the request, according to Beth Loy, principal consultant with the Job Accommodation Network (JAN), a program funded by a contract with U.S. Department of Labor's Office of Disability Employment Policy. 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. Please read our Privacy Notice, Terms of Use, Cookie Notice, CCPA Notice, and Website Accessibility Policy. Let HR Dive's free newsletter keep you informed, straight from your inbox. Notice of a disability alone is not enough to trigger the obligation to initiate the interactive process. Following . So it's important to note that your employee's request doesn't have to be in writing. Members can get help with HR questions via phone, chat or email. They are excellent. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. 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. After an employee requests accommodations, the employer must take the appropriate steps. endstream endobj 188 0 obj <>stream Because accommodations are made on a case-by-case basis, these examples may not be effective for every workplace but give you an idea about the types of accommodations that are possible. The company did not receive information in response to this request. Thats because their request for a new chair isnt related to a medical condition. However, the company offered her the option of leaving work at 4 p.m. An employee should not be asked whether s/he has a disability or any other question about his/her medical condition. Here are some recommended steps to include in your checklist. An important but often forgotten part of the interactive process is monitoring accommodations after they are in place. {CL~j%"rx6M\dcxb9GG.bUxG++%[cO#wL42x%~Dzd@?qbFa9MKL]i@&K4KI11 3|&Sm(JX-:$|6e}J +qfR@I^t+QDUB>;&Z7t. Take the employee's expressed preferences into consideration. While employers may have policies instructing their employees to provide written notice of the need for an accommodation, the employer cannot ignore verbal, visual or other cues. Please log in as a SHRM member. The employer needs to know what limitations are interfering with job performance and what specific work tasks are at issue. Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem." 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. (Supervisors should stay out of medical details as much as possible, Fram said.). Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. If assistance is desired, please call the ACCES Consultant at (858) 888-8888. Topics covered: Employee learning, training, onboarding, mentoring, career development and more. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. Understand how these limitations impact their essential job functions. It may also come as a result of administering FMLA leave or a workers compensation claim. 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). If the accommodation is a reassignment, then the employee may need time to acclimate to the new job. This documentation may also include the medical practitioners suggestions about potential accommodations. This includes: Evaluating the employee's functional abilities and limitations; Exploring options available for an accommodation. Make sure supervisory personnel are trained to report observations or information that may trigger the need to initiate the process without a request. A Transfer Search, if appropriate, is a continuation of the Interactive Process. Inform appropriate people in the department what employees restrictions are and that the employee cannot exceed them. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> The EEOCs guidance provides that an employer should initiate the reasonable accommodation interactive process without being asked if the employer (1) knows that he employee has a disability, (2) knows, or has reason to know, that the employee is experiencing workplace problems because of the disability, and (3) knows, or has reason to know, that the disability prevents the employee from requesting a reasonable accommodation. In other words, employers must recognize the need for accommodation even in the absence of an employee request. hn U ji.3 "Written follow-up in both directions that confirms what the discussion has been. Necessary information may include documentation of the disability and need for accommodation. It also designated the majority of the plaintiff's leave previously taken in January and February 2015 as non-FMLA-qualified leave. The most important way to monitor accommodations is to encourage ongoing communication. HTMo0ZWb(zmAZ#yJ~$e9E&iIl,`4N4rg"YydwA[. This button displays the currently selected search type. Evaluate whether the employee can perform the job safely. According to the EEOC, the interactive process is not always required under the ADA. 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. @ A B U V n o z { 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. 222 0 obj <>stream Some companies choose to assess employees by grading their performance in certain areas on a scale of one to 10. But the FMLA doesnt provide paid leave, and employers say it can be difficult to administer. % It is understood that any problems that may arise during this transitional work period should be discussed openly and supportively. 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', Make use of words in such a way that . <> 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. The Interactive Process can begin in a number of ways. This is the time to brainstorm and consider what might work. 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 } In response, again citing anxiety and panic attacks resulting from heavy traffic, the plaintiff submitted an accommodation request for a modified in-office schedule, from 7 a.m. to 2 p.m., working from home in the afternoons. Trello. endstream endobj 189 0 obj <>stream 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! 9o!S&GdpGm!xXrpyMjmuQw) 4=+Ah}S:2u But this all counts as the interactive process. If a Department Decides that the Proposed Accommodation(s) is Unreasonable. 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. ", "When implementing an accommodation, supervisors sometimes disclose medical information,"Loy said. <> Employers that follow the technical requirements of the statute, demonstrate flexibility and document their compliance put themselves in the best position in the event of litigation. Although he can perform his essential functions without problems, he cannot perform the marginal function of sweeping the steps located throughout the building. 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. If the employee is not eligible for (or chooses not to select) medical separation, the employee may be involuntarily terminated for non-performance. 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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. 2023 Time Warner Cable Texas LLC hired the plaintiff in October 2012 as a workforce analyst. Accommodation options will be considered in discussions with the employee. Please see Personnel Policies for Staff Members (PPSM), the Berkeley PPSM Implementing Procedures, and appropriate collective bargaining agreements for information on this process. Setting expectations at the beginning of the process could help reduce employees' apprehension and cut down on unnecessary phone calls and e-mails. Please confirm that you want to proceed with deleting bookmark. Employers must also act promptly to initiate this discussion. Learn more in our Cookie Policy. 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 employees request. %PDF-1.5 Keep up with the story. Inform your employees that a requirement of the ADA is that both parties communicate in good faith regarding reasonable accommodations. The human resources director informed him that the company policy is to only ask for what is absolutely necessary. Under the regulations, the interactive process obligation is triggered by knowledge of the need for an accommodation. "If it wont work, you can show you did all you could have done. Never assume an employee is disabled. 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. $('.container-footer').first().hide(); This process is initiated either by: The employee's written or verbal request for assistance, or. The law does not require the use of these or any other forms to make a request for a reasonable accommodation or to engage in an effective, good faith interactive process. If it is decided that a proposed accommodation is unreasonable or presents an undue hardship, the Department should re-initiate the Interactive Process with the employee to try and arrive at a mutually agreeable alternative to the originally proposed accommodation. "Thats what courts will look at: [whether there was] a thorough, fair effort to communicate and find an accommodation. The company denied her request, noting that her position required her to work from the office during normal business hours, including the afternoons. Once youve identified an accommodation request, its best to take action immediately. The Equal Employment Opportunity Commission (EEOC) enforces the protections provided to employees with disabilities under the Americans with Disabilities Act (ADA). | 2 p.m. hbbd```b``:"kd6di`f0^ X|9$x hH : } the employees disability and need for accommodation are obvious. One member of the crew wears a prosthetic leg which enables him to walk very well, but climbing steps is painful and difficult. <> 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. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. | 1 p.m. However, when an accommodation is not obvious, an appropriate accommodation is best determined through a flexible, interactive process. Be open to doing things a different way. 3 0 obj If a Disability Does Not Allow an Employee to Perform One or More Essential Job Functions. If the employee is not a top performer or a malingerer,the supervisor doesn't want to engage; "thats when things go wrong," he said. Notice of an employees desire for an accommodation can take a variety of forms, including notice that the employee wants to remain employed (in some capacity). *&edtb?iB!+"M@"8hzMC|;q ", Often, employers cause a breakdown in the interactive process because they're just not trying hard enough. After this, one person was assigned responsibility for making sure an accommodation request is processed so the request is not lost on someones desk. That way, no one is surprised when the accommodation is revisited down the road. Once an accommodation request has been received, the employer should gather whatever information is necessary to process the request. 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;}'; In response, the company requested additional information regarding the number of episodes the plaintiff experienced per week and the duration of the episodes. These forms included medical inquiry, onboarding, trial, and other process forms. In evaluating the reasonableness of an accommodation, a supervisor and Department should consider a range of issues. n\3C[% The law requires that employees and employers engage in the Interactive Process. 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. The assistant wanted the employee to sign a blanket medical release. The employee does not have to formally notify the supervisor or department in writing. The following list provides some guidelines. Make use of positive language and try to remain positive throughout the email. Circuit Court of Appeals decision shows. 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. > g  f bjbj 4 X " 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. For example, it is sufficient if the employer receives notice of treatment needed by an employee. If an accommodation is not considered reasonable, refer to Sections IV and V below. The law requires that employees and employers engage in the Interactive Process. Communication is especially important if youve provided any assistive technology or equipment. "If there is one, go ahead and just do it." Topics covered: Culture, executive buy-in, discrimination, training, equal pay, and more. of Fair Employment & Housing (DFEH) expects employers to make up to three attempts, if needed, to contact the employee regarding participation in the interactive meeting. However, a recent federal court decision in Pennsylvania provides an example of the steps employers should follow after FMLA leave is used up to . All rights reserved. This is a request for a reasonable accommodation. " If equipment is involved, then it needs to be properly installed and the employee needs to be trained in its proper use. 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. Employers must initiate an interactive process when an applicant or employee requests reasonable accommodations. To cope with a paradoxical labor market, HR pros still squarely focused on recruiting may need to re-evaluate role requirements, inclusion initiatives and more. In many instances, the appropriate accommodation is obvious and therefore it is not necessary to go through a step-by-step process. 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. 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. hn UVmH nH u hn jD hn U "The interactive process is such an important step for employers," he told HR Dive, and "its totally in the employers control to get right or mess up. Here are seven common mistakes.