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. *&edtb?iB!+"M@"8hzMC|;q This is the time to brainstorm and consider what might work. Time Warner Cable Texas LLC hired the plaintiff in October 2012 as a workforce analyst. Your Employee & Labor Relations team now supports both represented and non-represented employees. %PDF-1.5 hn CJ ) $ % A B c ) * 6 gd] F^F 8&#$$d &d N P )#P &#$$d &d N P a&#$-D(M ", "If youre trying to determine whether an accommodation will work, good documentation and particularly a good and accurate job description"are key, said Sencenbaugh. }); if($('.container-footer').length > 1){ Once youve identified an accommodation request, its best to take action immediately. Additionally, don't use negative words as they have a bad impact. 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. Welcome to the newest section of our site - Talent Acquisition! Reasonable Accommodation - National Association of Letter Carriers AFL-CIO The Equal Employment Opportunity Commission (EEOC) enforces the protections provided to employees with disabilities under the Americans with Disabilities Act (ADA). In many instances, the appropriate accommodation is obvious and therefore it is not necessary to go through a step-by-step process. @ A B U V n o z { 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. SHRM Employment Law & Compliance Conference, ADAs Interactive Process Is a Two-Way Street, New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, White House Takes Action Against Migrant Child Labor, EEOC Lawsuit Highlights Cancer Discrimination in the Workplace. Initially, the plaintiff's FMLA paperwork indicated that she required the ability to leave early when she experienced her traffic-related anxiety "flare-ups." This is a request for a reasonable accommodation. l&#$/ h o u x The EEOCs recommended starting point is to use an interactive process once a request has been made. What Now? The purpose of an accommodation is to enable the employee to perform the essential functions of the job. 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! The most important way to monitor accommodations is to encourage ongoing communication. There may be times when the appropriate accommodation is obvious. If you know an employee with a disability has a need, you can begin the interactive process in good faith. Let's say you have an employee that uses a wheelchair. A Transfer Search may be another option. 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. 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. One thing employers might want to do when testing accommodations is to make a written agreement with the employee that the accommodation is being tested, how long the test will be, and what will happen if the accommodation does not work. 184 0 obj <> endobj Once again, the company agreed and allowed her to work from home from March 2014 until December 2014. The checklist and any notes should be maintained in a separate confidential medical file for that employee. 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. {l[]vvr=?g6|j''Gu,R*$]=~tn~YfNgr2GU%lhE~z$~~| X,jD^jC5ySEiyHLHN>Od>=*'wQ5V1no}w vs_V\FG:FsZv7B,?/ iZ. In California, it is unlawful for an employer to fail to engage in a timely, good faith, interactive process. Expand your toolbox with the tools and techniques needed to fix your organizations unique needs. This includes: Evaluating the employee's functional abilities and limitations; Exploring options available for 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. Whether sending an email or letter, add a professional greeting that includes the person's name. Some companies choose to assess employees by grading their performance in certain areas on a scale of one to 10. 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. Necessary information may include documentation of the disability and need for accommodation. Once an accommodation request has been received, the employer should gather whatever information is necessary to process the request. 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. Your session has expired. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); If it is a written letter, include a handwritten signature. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. The Interactive Process can begin in a number of ways. 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. 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. 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. No Past Exhibit Booths for 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. It is understood that any problems that may arise during this transitional work period should be discussed openly and supportively. h\ CJ It was created to assist you while you are recovering. Together you can discuss the potential impact of the accommodations. 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. For example, if an employee with a non-visible disability indicates she is having trouble completing her work tasks because of her disability, the employer does not have enough information to provide effective accommodations. Please log in as a SHRM member. This is considered an accommodation request. For example, if an employee needs an accessible parking space, coworkers need to know only that this person has a specific space not why. A Deconstructive Series for ADA Terminology, What to Include in Your ADA/Accommodation Toolkit, California Reasonable Accommodation Package, EEOC's Reasonable Accommodation, Establishing Procedures to Facilitate the Provision of, JAN Just-in-Time Module: Interactive Process, U.S. 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 six months, she hadnt heard anything. After an employee requests accommodations, the employer must take the appropriate steps. Sometimes the supervisor just doesn't like the employee and doesn't want to help the employee,"he said. "Thats what courts will look at: [whether there was] a thorough, fair effort to communicate and find an accommodation. The Office of Diversity, Equity, Inclusion, and Belonging (DEIB) fosters community and engagement for staff, develops programs and experiences for employees to increase their racial literacy and cultural fluency, and is committed to creating a community where all employees can be their authentic selves at work everyday. stream So its important to note that your employees request doesnt have to be in writing. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. e e e e e y y y 8 y * F f* h* h* h* h* h* h* - / The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation. 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.. [See. This area cover the performance management review program 'Achieve Together' and the Foundational Skills program. Employee Signature:__________________________________Date:____________ Supervisor Signature:__________________________________Date:____________ # % & = > ? Finally, the employee says, "I'm really having trouble getting out of bed in the morning. endstream endobj startxref Decision-making authority: Department head or designee. when deciding on whether a suggested accommodation is unreasonable or presents an undue hardship. Assuming you return the requested information within the time frame noted above, we have scheduled an interactive meeting with you on [time] at [location]. Use JAN as needed we are free, and an outside resource. Accommodations Beyond Job Performance = Compliance and Inclusion, Changing a Supervisor as an Accommodation under the ADA, Cognitive Impairment and the Interactive Process, Good Deeds Not Punished: Dispelling the Idea of Precedent Setting and the ADA, Out with the Old, In with the NewSupervisor, Providing Temporary Accommodation Solutions, Recognizing an Accommodation Request Under the ADA. 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. %PDF-1.5 % Fh^F`h While the company found that her request did not technically qualify as an ADA accommodation, it nevertheless granted it.
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