Decision-making authority: Department head or designee. In this regard, the court observed that Time Warner had "a record of granting [the plaintiff's] numerous accommodation and FMLA leave requests back to 2013, even when it was not required to do so by law. 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. Before meeting with the employee, review the employee's current job description and any available The California Fair Employment and Housing Act requires employers of five or more employees to provide reasonable accommodation for individuals with a physical or mental disability to apply for jobs and to perform the essential functions of their jobs unless it would cause an undue hardship. 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. The law requires that employees and employers engage in the Interactive Process. <>/Metadata 73 0 R/ViewerPreferences 74 0 R>> Areasonable job accommodationmay include: Heres an example of a reasonable job accommodation: A cleaning crew works in an office building. Pay careful attention to medical-related issues employees bring to your attention. Members can get help with HR questions via phone, chat or email. Unnecessary delays are a violation of the ADA. For example, it is sufficient if the employer receives notice of treatment needed by an employee. Example D: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. stream Lawsuits allege Kroger payroll transition glitch led to missed, incorrect paychecks, Quiet Black History Month a warning sign, DEI pros say, Starbucks faces corporate employee revolt, Everything employers must know on employee development, Boost Employee Engagement with Small Moments of Joy at Work, Winning the War for Talent: Why On-Demand Pay Is Becoming the Must-Have Benefit to Get and Keep the Best Employees, QVC, HSN parent lays off 12% of its workforce, How layoffs can have negative long-term consequences for companies, How to address the lack of hybrid work guidelines, Top 10 Workplace Trends for Thriving Work Environments, Caregiving Support: A Smart Investment for Employers in an Uncertain Economy, 5 Workplace Gaps Employers Cant Afford to Ignore, Top Compensation Sins HR Execs Must Avoid, Rethinking Population Health and the Intersection of the Primary Care Experience, NLRB judge: Starbucks committed egregious misconduct during Buffalo-area union drive, Manufacturer settles for $460K over CEOs alleged discriminatory age-based comments, What the person said when he or she came to the supervisor. The EEOCs Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act provides that as a general rule, the individual with a disability who has the most knowledge about the need for reasonable accommodation must inform the employer than an accommodation is needed. The request can be made verbally or in writing. An employer's duty to initiate the 'interactive process' without a Select Accept to consent or Reject to decline non-essential cookies for this use. Following . Assess the effectiveness of the accommodation(s) in enabling the employee to perform the essential functions of the job. Make use of words in such a way that . Because accommodations are made on a case-by-case basis, these examples may not be effective for every workplace but give you an idea about the types of accommodations that are possible. xksF{fQ4A.x&v^zMt$c%(Rr`fZMdrb,. The marginal functions of a second crew member include cleaning the small kitchen in the employee's lounge, which is something the first crew member can perform. Dont assume that thecosts of providing the accommodationwill be too expensive. A good idea is to include a discussion of the interactive process as part of your ADA policy. This is not the case employers are free to try accommodations and stop them if they do not work. }); if($('.container-footer').length > 1){ Inform appropriate people in the department what employees restrictions are and that the employee cannot exceed them. If a disability precludes an employee from performing one or more essential job functions, the Department and employee, in consultation with Vocational Rehabilitation, Employee Relations, and other offices as necessary, should begin the Interactive Process. hbbd```b``:"kd6di`f0^ X|9$x hH : Keep your message as short as possible. Federal Appeals Court Emphasizes Importance of Interactive Process in Never assume an employee is disabled. <> You can even have a trial period whenever theres doubt that an accommodation will be a good fit. The checklist and any notes should be maintained in a separate confidential medical file for that employee. If the employee is not eligible for (or chooses not to select) medical separation, the employee may be involuntarily terminated for non-performance. When in doubt, ask for clarification on the request and why. ' ( 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 This button displays the currently selected search type. Adobe PDF viewer is required for some of these documents. Professional Pointer: Employee use of FMLA leave, particularly when the leave taken is intermittent, can be one of the more challenging leave-related situations employers face. When the disability or the need for accommodation is obvious, the supervisor should inquire whether the employee has a need for assistance. We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. "Often the request doesn't come until, for example, theres a performance management action thats going on." Example C: A new employee, who uses a wheelchair, informs the employer that her wheelchair cannot fit under the desk in her office. 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. Copyright Whether sending an email or letter, add a professional greeting that includes the person's name. Members may download one copy of our sample forms and templates for your personal use within your organization. If everything is working well, she continues to check in every six months. Please read our Privacy Notice, Terms of Use, Cookie Notice, CCPA Notice, and Website Accessibility Policy. ", Often, employers cause a breakdown in the interactive process because they're just not trying hard enough. 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. (Marginal functionsare responsibilities that, once altered or removed, dont change the primary purpose of the job.) Communication is especially important if youve provided any assistive technology or equipment. An important step in the performance review process is choosing the standard for the evaluation. Please note that all such forms and policies should be reviewed by your legal . Use JAN as needed we are free, and an outside resource. A request for assistance or indication by the employee that some corrective measure may need to be taken can be made verbally and casually, as well as formally. So its important to note that your employees request doesnt have to be in writing. It's not a terribly complicated idea, but many employers fall short in the execution. How to Create a Robust Reasonable Accommodation Process - SHRM There should be no ambiguity in the explanation of the change. This tech company uses their own platform to house their employee handbook, which they call an "employee manual.". endobj var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Dont prematurely end the process,"Schwarz said. 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 The interactive process can begin when the employee makes the request. An employee should not be asked whether s/he has a disability or any other question about his/her medical condition. 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. Employee's Failure to Participate in Interactive Process Dooms ADA ADA Best Practices For Employers Engaging in an Interactive Process ", Additionally, employers sometimes request or gather too much medical information, Loy said. Even if a supervisor harbors no ill will toward an employee, inadequate training can cause things to fall apart. The company did not receive information in response to this request. 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. The hospital offered the employee three options: (i) transfer to a mutually agreeable position; (ii) apply for temporary disability benefits; or (iii) resign. } <>>> If a Department Decides that the Proposed Accommodation(s) is Unreasonable. In many instances, the appropriate accommodation is obvious and therefore it is not necessary to go through a step-by-step process. [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." "Its hard to convince a jury or agency that an essential function truly is an essential function if its not in the job description, or if other employees in the role weren't performing it. Employers must also act promptly to initiate this discussion. In June 2013, the plaintiff made an accommodation request under the ADA to lie down while at work due to dizzy spells related to her pregnancy. Employee Handbook Examples You Should Steal From - Workest 1630.2(o)(3). But Fram also advises documenting the following: If there isnt a quick fix, Fram said, then the formal ADA process should started "not by supervisors, but by HR or legal. Under the regulations, the interactive process obligation is triggered by knowledge of the need for an accommodation. II. ; Zappos. The purpose of an accommodation is to enable the employee to perform the essential functions of the job. The ability of employers and their managerial staff to recognize requests is important. Upon learning that the employee may need an accommodation, the supervisor should review job functions and qualifications for the position held by the employee. Employees can start the interactive process using any form, including verbal communication. After exhausting her FMLA leave in March 2014, she asked to work from home due to difficulties transitioning her child to bottle feeding. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. Shortly thereafter, the company terminated the plaintiff's employment after she failed to report to work due to child care issues. Interactive Process - AskJAN.org No Past In-Person Trainings for Interactive Process. 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. These accommodations are specific to each individuals needs. For example, if an employee who uses a wheelchair requests that his desk be placed on blocks to elevate the desktop above the arms of the wheelchair and the employer complies, an appropriate accommodation has been requested, identified, and provided without the need for a formal process. 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. Interactive Process Freeman Rehabilitation Services Debbie Freeman P.O. This is a request for a reasonable accommodation. +R^_C%342hE0qmQSK[ x Friends, family, and health professionals can request accommodations on an employees behalf. But the FMLA doesnt provide paid leave, and employers say it can be difficult to administer. 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. Topics covered: Culture, executive buy-in, discrimination, training, equal pay, and more. stream Remember to only ask for the necessary medical information. An employer also cannot ignore these things simply because an employee has been cleared to return to work with or without restrictions. 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;}'; Please log in as a SHRM member before saving bookmarks. Initially, the plaintiff's FMLA paperwork indicated that she required the ability to leave early when she experienced her traffic-related anxiety "flare-ups." Failure to engage in the interactive process does not, in and of itself, result in liability under the ADA. Make sure supervisory personnel are trained to report observations or information that may trigger the need to initiate the process without a request. Employees can start the. 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. Following the birth of her child in December 2013, the plaintiff took 12 weeks of Family and Medical Leave Act (FMLA) leave. "You rarely see an . 200 0 obj <>/Filter/FlateDecode/ID[<5D6158DB4243BF4189442C3921752F86>]/Index[184 39]/Info 183 0 R/Length 86/Prev 194116/Root 185 0 R/Size 223/Type/XRef/W[1 3 1]>>stream When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. 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. PDF Reasonable Accommodation - National Association of Letter Carriers AFL-CIO If it is an email, include an email signature with your contact information. This includes: Evaluating the employee's functional abilities and limitations; Exploring options available for an accommodation. A federal agency recently updated its accommodation policy. Second, the employer must also have notice of the employees desire to obtain some type of accommodation. Furthermore, the court reasoned that the plaintiff had not produced evidence suggesting that the company's reason for terminating her employment was untrue. DOC JAN - Job Accommodation Network Need help with a specific HR issue like coronavirus or FLSA? Fram said he sees the same problem. Once again, the company agreed and allowed her to work from home from March 2014 until December 2014. Box 370, San Carlos CA 94070 Phone: 650-595-4447 ~ Fax: 866-804-0574 dfreeman@freemanrehabilitationservices.com Interactive Process Here are links to a sample interactive process letter to employees and charts. ' Reasonable Accommodation and the Interactive Process <> Expand your toolbox with the tools and techniques needed to fix your organizations unique needs. 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? A lot of times we can find an accommodation., Fram agreed: When you get into anyof this, call JAN, he advised. This is the time to brainstorm and consider what might work. If an accommodation is not considered reasonable, refer to Sections IV and V below. This agreement should be documented. Shortly thereafter, the plaintiff asked her supervisor for a temporary modification to her work schedule that would allow her to leave the office early to avoid panic attacks brought on by stress associated with heavy traffic. If there is more than one option, the employer should consider the preference of the employee. Please log in as a SHRM member. 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. Company Email Notifying of a Process Change | Edit & Forward Provide employee with Letter regarding Interactive Process which includes deadlines for paperwork. %PDF-1.5 If you are claiming undue hardship, you need to be able to articulate why youve met that standard. "Written follow-up in both directions that confirms what the discussion has been. The Interactive Process can begin in a number of ways. For example, if an employee needs an accessible parking space, coworkers need to know only that this person has a specific space not why. Employers must initiate an interactive process when an applicant or employee requests reasonable accommodations. However, the employer gets to choose among effective options and can choose, for example, the lowest cost accommodation. 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. Please confirm that you want to proceed with deleting bookmark. EEOC: Medical Leave Request Initiates ADA Obligations - SHRM If more accommodation ideas are needed, the employer can ask the employees medical provider for ideas in some cases medical professionals are able to suggest effective accommodations. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. 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! A human resources assistant was working with an electrician who needed accommodations related to seizures. Notify supervisor if unable to report to work for any reason Supervisors Responsibilities: Ensure that employee is not directed to perform tasks that exceed restrictions recommended by treating physician. This awareness might come through a third party, by observation, or because the employee has exhausted leave benefits but still needs reasonable accommodation. However, when an accommodation is not obvious, an appropriate accommodation is best determined through a flexible, interactive process. Employers must initiate an "interactive process" when an applicant or employee requests reasonable accommodations. The same day, the plaintiff left work early, resulting in the company's issuance of a final written warning. Assuming the proper criteria are met, the next step is for the employer and employee to engage in an "interactive process". when deciding on whether a suggested accommodation is unreasonable or presents an undue hardship. &. This includes with or without reasonable accommodation. What does antisemitic discrimination look like at work? Organizations dont invest enough time looking for accommodation options and dont document where/how they have looked, said Loy. After six months, she hadnt heard anything. 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 2 0 obj | 1 p.m. Learn more about your compensation, benefits and everything that goes into a Total Rewards package. When expanded it provides a list of search options that will switch the search inputs to match the current selection. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. It was created to assist you while you are recovering. The description of the [modified/alternate] employment is as follows (include description of accommodation here): This is a temporary accommodation, not a permanent position. PDF CAN WE TALK?: The ADA Interactive Dialogue - Disability, Leave & Health A large company wanted to standardize all of the accommodation requests it receives. The supervisor should consult with the employee to find out his or her specific physical or mental abilities and limitations as they relate to the essential job functions, and to discuss the employees preferences with regard to accommodations. hn U ji.3 The original accommodation was a "transitional accommodation," that is it was intended for a specifically defined purpose and time period has elapsed; The employee indicates that a new accommodation may be necessary; or. No Remote Monthly Series Training for Interactive Process. Employees who are receiving accommodations need to understand that they should let their employers know if there are changes or problems with the accommodation and who specifically to contact. Employee Letter and Email Examples - The Balance Careers Time Warner Cable Texas LLC hired the plaintiff in October 2012 as a workforce analyst. 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. Members may download one copy of our sample forms and templates for your personal use within your organization. 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. Its a good idea to touch base with your employee on how things are going. ", Loy agreed that training for front-line supervisors is crucial: Not on the entire ADA," however:"focus on how to recognize when an employee is making an accommodation request.". 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. This notice does not need to disclose the employees specific condition. <> 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. The request can also come from someone other than the employee. Also, employers "should not be getting periodic updates when the initial documentation states that the condition is not going to change. While the company found that her request did not technically qualify as an ADA accommodation, it nevertheless granted it. Make copies of both forms and file in Employee Step 3: Determine if the Accommodation Requested is Your Employee & Labor Relations team now supports both represented and non-represented employees. Circumstances or the effectiveness of accommodations can change over time. Together you can discuss the potential impact of the accommodations. The standard of proof required here is low: when an employee continues to come to work, and continues to perform at least some of his or her essential duties, employers are encouraged to proceed with the interactive process. "If an employee mentions some type of limitation or problem, the supervisor should err on the side of caution and move to talk to the employee.". That way, no one is surprised when the accommodation is revisited down the road. However, the company offered her the option of leaving work at 4 p.m. If equipment is involved in the accommodation, someone may need to be assigned to perform maintenance or upgrades as needed. The Americans with Disabilities Act (ADA) requires covered employers to provide effective, reasonable accommodations for employees with disabilities. Some companies choose to assess employees by grading their performance in certain areas on a scale of one to 10. 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. Although he can perform his essential functions without problems, he cannot perform the marginal function of sweeping the steps located throughout the building. This is a request for reasonable accommodation. Accommodation options will be considered in discussions with the employee. 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. endobj |^| Find the latest news and members-only resources that can help employers navigate in an uncertain economy. the employees disability and need for accommodation are obvious. Sometimes employers are not sure whether an accommodation will work and are afraid if they try it out they will be locked in forever. 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. 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. 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. It also designated the majority of the plaintiff's leave previously taken in January and February 2015 as non-FMLA-qualified leave. Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem." EEOC Informal Discussion Letter Because changes occur, employers may need to periodically check on the ongoing effectiveness of accommodations.
sample interactive process letter to employee