(Marginal functionsare responsibilities that, once altered or removed, dont change the primary purpose of the job.) Employees last name], We have received your medical release from your doctor, [name] dated [date]. Your Employee & Labor Relations team now supports both represented and non-represented employees. Asking for all medical records will rarely, if ever, meet this test. 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. Adobe PDF viewer is required for some of these documents. A lot of times we can find an accommodation., Fram agreed: When you get into anyof this, call JAN, he advised. 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. By using this site, you accept and agree to be bound by these terms. Keep up with the story. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. After Completing FMLA, The Employer Uses The Interactive Process And Lawfully Terminated Its Employee The crossroad between the protections of the FMLA and the ADA is somewhat difficult to navigate. HSmk0nv^- IA}(uNf:$+ifaGM0b_C <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Responding to Employee Accommodation Requests under the ADA: Navigating The interactive process is a conversation between an employer and an employee to determine if the employee requires a reasonable accommodation to perform the essential functions of their job and if so, what the accommodation (s) may be. The supervisor may request that the employee provide written documentation from a licensed medical practitioner, specifying the employees functional limitations as they pertain to the job, without providing diagnostic information. }); if($('.container-footer').length > 1){ In evaluating the reasonableness of an accommodation, a supervisor and Department should consider a range of issues. If it is a written letter, include a handwritten signature. ` "If there is one, go ahead and just do it." o @ Be open to doing things a different way. That way, no one is surprised when the accommodation is revisited down the road. A Transfer Search may be another option. If an accommodation is not considered reasonable, refer to Sections IV and V below. Topics covered: Culture, executive buy-in, discrimination, training, equal pay, and more. When expanded it provides a list of search options that will switch the search inputs to match the current selection. Employee Signature:__________________________________Date:____________ Supervisor Signature:__________________________________Date:____________ # % & = > ? Members can get help with HR questions via phone, chat or email. 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. 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. Sometimes employers are not sure whether an accommodation will work and are afraid if they try it out they will be locked in forever. &. Others take a more qualitative approach that involves writing a free-form paragraph summarizing the employee's strengths and weaknesses. Communication is especially important if youve provided any assistive technology or equipment. 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. If equipment is involved in the accommodation, someone may need to be assigned to perform maintenance or upgrades as needed. $("span.current-site").html("SHRM MENA "); However, they may be a useful tool for both employers and employees. All rights reserved. First, the employer must have notice that the employee has a disability. Notice provided to supervisors or managers will be imputed to the employer. Employees can start the interactive process using any form, including verbal communication. {CL~j%"rx6M\dcxb9GG.bUxG++%[cO#wL42x%~Dzd@?qbFa9MKL]i@&K4KI11 3|&Sm(JX-:$|6e}J +qfR@I^t+QDUB>;&Z7t. And while it's not a per se requirement, the law favors an "interactive process" for determining whether an effective accommodation is available. "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. 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. <> Learn more in our Cookie Policy. Make copies of both forms and file in Employee Step 3: Determine if the Accommodation Requested is For example, if an employee needs an accessible parking space, coworkers need to know only that this person has a specific space not why. 4 0 obj It was created to assist you while you are recovering. 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. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. 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. Federal Appeals Court Emphasizes Importance of Interactive Process in That process requires "bilateral cooperation and communication," and requires both parties to engage in that process "in good faith." The interactive design is user-friendly and highly engaging. xksF{fQ4A.x&v^zMt$c%(Rr`fZMdrb,. Court decisions interpreting the ADA provide some general principles. Have employee sign the Medical Release Form (Figure 5) and provide the job description that lists the essential job duties of the position. The employer needs to know what limitations are interfering with job performance and what specific work tasks are at issue. When the need isn't obvious, more information will be helpful when discussing accommodations. c'`WpPs%<8 I\`aC~",&,b)qo)&ZG*#TFL*#QTy`^`t"d+p[|:n.Hmb]7Dx=>J ?|wadG 1fO7,m/I?viwMkO % Please purchase a SHRM membership before saving bookmarks. There should be no ambiguity in the explanation of the change. Example C: A new employee, who uses a wheelchair, informs the employer that her wheelchair cannot fit under the desk in her office. Copyright The court concluded that her response to the company's proposal to leave at 4 p.m. was "not the stuff of flexible [and] interactive discussions.". No Upcoming Events for Interactive Process. The ADA requires an "interactive process" between a disabled employee and her employer in the search for a reasonable accommodation. Evaluate whether the employee can perform the job safely. endobj The interactive process will look different for everyone. Let HR Dive's free newsletter keep you informed, straight from your inbox. The employer can switch the marginal functions performed by these two employees. If you are claiming undue hardship, you need to be able to articulate why youve met that standard. The person writing the email should make sure that the change in process is communicated clearly. 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. PDF ADA Interactive Process for Reasonable Accommodation Checklist PDF CAN WE TALK?: The ADA Interactive Dialogue - Disability, Leave & Health Company Email Notifying of a Process Change | Edit & Forward Circumstances or the effectiveness of accommodations can change over time. 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. The good news, according to David Fram,director of ADA &EEO services for the National Employment Law Institute, is there's something you can do about it. Failure to engage in the interactive process does not, in and of itself, result in liability under the ADA. Dont assume that thecosts of providing the accommodationwill be too expensive. that employee's ability to perform the duties of his or her position, of the various options available to the employee, and to invite the employee to engage in an interactive process to develop an appropriate plan to resolve the employee's work-related medical issues. The interactive process isnt always necessary, though. Notice may come from the employee directly, or from the employees family members, friends, health professionals or other representatives. Although he can perform his essential functions without problems, he cannot perform the marginal function of sweeping the steps located throughout the building. % Reasonable accommodation can include, but is not limited to, the following: Employees with disabilities may have separate rights to unpaid leave under the Federal Family and Medical Leave Act or the California Family Rights Act. Ask your employees if they have any thoughts on what might help. endstream endobj startxref 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 So when, exactly, does an employer have adequate or sufficient notice to initiate the interactive discussion without receiving a request for accommodation from the employee? 1630.2(o)(3). 2 0 obj 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. Sometimes, however, the employer must initiate the interactive process without receiving a request for accommodation from the employee.