Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 9o!S&GdpGm!xXrpyMjmuQw) 4=+Ah}S:2u On Feb. 24, 2015, the company issued the plaintiff a written warning as a result of poor attendance unrelated to FMLA-approved absences and advised that failure to improve her attendance would result in disciplinary action. "Written follow-up in both directions that confirms what the discussion has been. "If it wont work, you can show you did all you could have done. Time Warner Cable Texas LLC hired the plaintiff in October 2012 as a workforce analyst. As stated by the Third Circuit Court of Appeals in Taylor v. (Supervisors should stay out of medical details as much as possible, Fram said.). 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. 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. *&edtb?iB!+"M@"8hzMC|;q The request can also come from someone other than the employee. A Department should consider the factors listed in Section III. Its a good idea to touch base with your employee on how things are going. ; accommodation and refused to participate in the interactive process); Steffes v. Stepan Co., 144 F.3d 1070, 1073 (7th Cir. 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. You dont want the front-line supervisor feeling like he needs to answer this question,"Schwarz said, and "it's not realistic that every manager/supervisor will become an expert in the interactive process. There should be no ambiguity in the explanation of the change. Others take a more qualitative approach that involves writing a free-form paragraph summarizing the employee's strengths and weaknesses. Trello. 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. Titled " The Zappos Culture Book ," this handbook highlights the company's dedication to workplace culture. Make use of words in such a way that . 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. 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. One good approach is to withhold the employees name and identifying information from outside resources. 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. Remember when consulting with outside resources, employers must comply with the confidentiality rules of the ADA. Circumstances or the effectiveness of accommodations can change over time. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Please read our Privacy Notice, Terms of Use, Cookie Notice, CCPA Notice, and Website Accessibility Policy. 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. Phrases like reasonable accommodation, Americans with Disabilities Act, or disability aren't necessary. Assuming you return the requested information within the time frame noted above, we have scheduled an interactive meeting with you on [time] at [location]. Your Accommodation Request Was Denied. PDF ADA Interactive Process for Reasonable Accommodation Checklist 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. Other resources, such as the Job Accommodations Network (JAN), or your employee's medical provider, can give suggestions. [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." Employees Responsibilities: Work within the written medical limitations Provide medical updates of functional limitations If taken off work by your doctor, notify supervisor and [name], ACCES Specialist. SAMPLE FORM FORMONITORING ACCOMMODATIONS JAN offers the following sample form as a tool to assist in the interactive accommodation process. That the supervisor didn't ask anything medical. 1 0 obj e e e e e y y y 8 y * F f* h* h* h* h* h* h* - / If a Department Decides that the Proposed Accommodation(s) is Unreasonable. 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. hn U ji.3 The most important way to monitor accommodations is to encourage ongoing communication. EEOC Informal Discussion Letter } We are pleased that you are able to [continue/return] to work and that we are able to accommodate the above restrictions. This is a request for a reasonable accommodation. 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 it is a written letter, include a handwritten signature. 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. This button displays the currently selected search type. 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. 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. > g  f bjbj 4 X " 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. An employer's duty to initiate the 'interactive process' without a ", Often, employers cause a breakdown in the interactive process because they're just not trying hard enough. 184 0 obj <> endobj When in doubt, ask for clarification on the request and why. If an accommodation is not considered reasonable, refer to Sections IV and V below. The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation. hn CJ ) $ % A B c ) * 6 gd] F^F 8&#$$d &d N P )#P &#$$d &d N P a&#$-D(M The employee who requested the accommodation is often the best source of information about the disability and possible accommodations. Empower your employee to express concerns with their accommodations at any time. Once again, the company agreed and allowed her to work from home from March 2014 until December 2014. Responding to Employee Accommodation Requests under the ADA: Navigating 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. 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 Be open to doing things a different way. If the need to accommodate is obvious, an employer cannot simply wait for an employee to expressly request an accommodation. NOTE: These procedures supplement relevant personnel policies and collective bargaining agreements, and should be read in conjunction with those provisions. Should an Accommodation Request Automatically Trigger FMLA? Decision-making authority: Department head or designee. Essential functionsare the basic job duties that an employee must be able to perform. wy}v%,V(f8T8b@c9\8u8K C17+Y:AB9*8r3wBA=kXP2c#:y]fJupQ0@@/I(-qRC> .1FENSSbi/8fkc//`Ny!6rO"Rd0Z7jN)43/WU!HN(tj&]l Pay careful attention to medical-related issues employees bring to your attention. Failure to engage in the interactive process does not, in and of itself, result in liability under the ADA. It was created to assist you while you are recovering. The sample Options Letter may be modified by an appointing power Other options, such as a leave of absence or reduced schedule, exist and should be evaluated in light of what is permitted under policy and contract. When expanded it provides a list of search options that will switch the search inputs to match the current selection. "You rarely see an . hVnF}LwYIn]m2Y$gnVUmP;gJ+Jh1LN[Vx0;(EfxTB-[e MJ r !w2e!CJVF4""5\IexNVr7Zr':A] ;90Zj5RlQJu9MUJrZ?fi%Pz66 ~E>yQ%^4mv2TP4& ^>r9yHk*@bM45Z]{Vx\i#sL#~wTGX*Wd9ElUozj(F$Y~(*L8rp!o_TMYe**5//Z"s5WMo*tpvjgOnaH6>Ia=YLEUp}C|X3rbartqs\A:7rg7J{|Ar#fQ}'>MS *PbX6b=*y/~'JOr!hgT.t-k]%~Ma!ED]J\Q68xE.~2TY$?G!2HSD The interactive design is user-friendly and highly engaging. IV. 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. No Upcoming Events for Interactive Process. It may also come as a result of administering FMLA leave or a workers compensation claim. The purpose of an accommodation is to enable the employee to perform the essential functions of the job. This area cover the performance management review program 'Achieve Together' and the Foundational Skills program. "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. % In California, it is unlawful for an employer to fail to engage in a timely, good faith, interactive process. According to the EEOC, the interactive process is not always required under the ADA. Keep your message as short as possible. Schwarz offered the example of an employee who is chronically late for work and starts receiving write-ups and warnings. Members can get help with HR questions via phone, chat or email. Interactive Process - Freeman Rehabilitation Services 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. But the FMLA doesnt provide paid leave, and employers say it can be difficult to administer. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. The EEOCs recommended starting point is to use an interactive process once a request has been made. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. However, the company offered her the option of leaving work at 4 p.m. "You rarely see an employee who knows about the ADA and asks for a reasonable accommodation," he told HR Dive;"You need to start the process even if they havent used any magic words. Accommodation options will be considered in discussions with the employee. Determine if any repair, maintenance, or replacement is necessary to any equipment. 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? "Focus on disclosing only information that is need-to-know. ", Sencenbaugh said that when ADA issues are intertwined with performance issues, employers should always consider how its actions will look to the employee and to a jury a year from now. If there is a termination, he said, all the cards are on the table. That process requires "bilateral cooperation and communication," and requires both parties to engage in that process "in good faith." Members may download one copy of our sample forms and templates for your personal use within your organization. Once the employer has identified the employees limitation that is causing a problem and has identified what that problem is, then the employer is ready to explore accommodation options. Another EEOC recommendation is to consider the employees preference. 1998) (when the employee "fail[s] to hold up her end of the interactive process by clarifying the extent of her medical restrictions, [the employer] cannot be held liable for failing to provide reasonable accommodations"); Friends, family, and health professionals can request accommodations on an employees behalf. The following situations and solutions are real-life examples of accommodations that were made by JAN customers. [See. When a request is made, employers should first look for a quick, simple and easy solution,Fram said. By using this site, you accept and agree to be bound by these terms. This is an area where difficulties often arise, as this process imposes duties on both the employer and the employee. The interactive process often begins when the employee makes an accommodation request. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. endobj If the accommodation involves a schedule change or policy modification, then certain managers or supervisors may need to know of the change to effectively implement it. Make sure supervisory personnel are trained to report observations or information that may trigger the need to initiate the process without a request. <> The request had been sitting on one of the desks in the purchasing department.

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