sample interactive process letter to employee sample interactive process letter to employee

The employee does not have to formally notify the supervisor or department in writing. ", In concluding that the plaintiff's ADA failure-to-accommodate claim also could not proceed, the court pointed to her failure to engage in the interactive process required by the ADA, including her refusal to try leaving the office at 4 p.m., as proposed by the company, or explore public transportation options to address her traffic-related anxiety. Although he can perform his essential functions without problems, he cannot perform the marginal function of sweeping the steps located throughout the building. This includes with or without reasonable accommodation. No Past Recorded Modules for Interactive Process. Please confirm that you want to proceed with deleting bookmark. The interactive process will look different for everyone. In some cases, the employees disability and need for accommodation are obvious and no additional information is needed. ", "When implementing an accommodation, supervisors sometimes disclose medical information,"Loy said. The ability of employers and their managerial staff to recognize requests is important. 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. Under the regulations, the interactive process obligation is triggered by knowledge of the need for an accommodation. But, if you have an employee request a new chair because its uncomfortable, it wouldnt be a request for 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. the employees disability and need for accommodation are obvious. This is considered an accommodation request. 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 "), That the supervisor said, "How can I help you? 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. The interactive design is user-friendly and highly engaging. 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. 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. 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. If equipment is involved in the accommodation, someone may need to be assigned to perform maintenance or upgrades as needed. &. <>>> Work with your employee to understand their specific challenges or limitations. An important step in the performance review process is choosing the standard for the evaluation. } 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. Accommodation options that can be explored, include, but are not limited to: Making existing facilities used by employees readily accessible to and usable by the disabled employee; Acquiring or modifying equipment or devices; Providing qualified readers or interpreters; and. ", 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. Also, include a closing and a polite signature. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { <> If there is more than one option, the employer should consider the preference of the employee. Fram said he sees the same problem. $(document).ready(function () { (Marginal functionsare responsibilities that, once altered or removed, dont change the primary purpose of the job.) 9o!S&GdpGm!xXrpyMjmuQw) 4=+Ah}S:2u 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. 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.". 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. Featuring Executive Search, our new arm of recruiting just for our clients at UC Berkeley. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. For more information on Reasonable Accommodation and the Interactive Process, please see PPSM Policy 81 and relevant collective bargaining agreements. The Interactive Process can begin in a number of ways. The plaintiff filed suit, alleging discrimination and failure to accommodate under the ADA, as well as retaliation under the FMLA. This area cover the performance management review program 'Achieve Together' and the Foundational Skills program. 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. Topics covered: Talent acquisition, diversity and inclusivity in hiring, employer branding, performance evaluations and more. Let HR Dive's free newsletter keep you informed, straight from your inbox. "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. Contact the Disability and Rehabilitation Consultant immediately in the event of performance or attendance problems. The interactive process can begin when the employee makes the request. A federal agency recently updated its accommodation 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. Schwarz offered the example of an employee who is chronically late for work and starts receiving write-ups and warnings. Communication is especially important if youve provided any assistive technology or equipment. 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. | 2 p.m. 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 $460K over CEOs alleged discriminatory age-based comments, What the person said when he or she came to the supervisor. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. The ADA requires an "interactive process" between a disabled employee and her employer in the search for a reasonable accommodation. The checklist and any notes should be maintained in a separate confidential medical file for that employee. HTMo0ZWb(zmAZ#yJ~$e9E&iIl,`4N4rg"YydwA[. process will be maintained in your medical file, which is separate from your personnel file. Example D: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. Friends, family, and health professionals can request accommodations on an employees behalf. An important but often forgotten part of the interactive process is monitoring accommodations after they are in place. Decision-making authority: Department head or designee. 4 0 obj In evaluating the reasonableness of an accommodation, a supervisor and Department should consider a range of issues. However, a recent federal court decision in Pennsylvania provides an example of the steps employers should follow after FMLA leave is used up to . If assistance is desired, please call the ACCES Consultant at (858) 888-8888. 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. "Focus on disclosing only information that is need-to-know. Take the employee's expressed preferences into consideration. Second, the employer must also have notice of the employees desire to obtain some type of accommodation. And while it's not a per se requirement, the law favors an "interactive process" for determining whether an effective accommodation is available. 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. Remember when consulting with outside resources, employers must comply with the confidentiality rules of the ADA. Your Employee & Labor Relations team now supports both represented and non-represented employees. Assuming you return the requested information within the time frame noted above, we have scheduled an interactive meeting with you on [time] at [location]. Employees can start the. 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.. Furthermore, the court reasoned that the plaintiff had not produced evidence suggesting that the company's reason for terminating her employment was untrue. 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. Reasonable Accommodation - National Association of Letter Carriers AFL-CIO +R^_C%342hE0qmQSK[ x Notice of a disability alone is not enough to trigger the obligation to initiate the interactive process. Titled " The Zappos Culture Book ," this handbook highlights the company's dedication to workplace culture. The same day, the plaintiff left work early, resulting in the company's issuance of a final written warning. 1 0 obj The Equal Employment Opportunity Commission (EEOC) enforces the protections provided to employees with disabilities under the Americans with Disabilities Act (ADA). It may also come as a result of administering FMLA leave or a workers compensation claim. Therefore, any time an employee indicates that he/she is having a problem and the problem is related to a medical condition, the employer should consider whether the employee is making a request for accommodation under the ADA. Members may download one copy of our sample forms and templates for your personal use within your organization. ", "On the communication side, one of the really useful tools is documentation," Schwarz said. accommodation and refused to participate in the interactive process); Steffes v. Stepan Co., 144 F.3d 1070, 1073 (7th Cir. The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation. One good approach is to withhold the employees name and identifying information from outside resources. Make use of positive language and try to remain positive throughout the email. But this all counts as the interactive process. Even if a supervisor harbors no ill will toward an employee, inadequate training can cause things to fall apart. 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. Because changes occur, employers may need to periodically check on the ongoing effectiveness of accommodations. 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. II. This awareness might come through a third party, by observation, or because the employee has exhausted leave benefits but still needs reasonable accommodation. ", "Clarity is important," he said, "and getting things in writing adds to clarity. A Department should consider the factors listed in Section III. This is an area where difficulties often arise, as this process imposes duties on both the employer and the employee. In some cases, an accommodation stops being effective for various reasons such as: the employees limitations change, workplace equipment changes, the job changes, the workplace itself changes, or the accommodation becomes an undue hardship for the employer. Its a good idea to touch base with your employee on how things are going. 18-50053 (Dec. 12, 2018). After exhausting her FMLA leave in March 2014, she asked to work from home due to difficulties transitioning her child to bottle feeding. "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. These ideas, along with any ideas from the employee and employees medical provider, must be documented. ", Often, employers cause a breakdown in the interactive process because they're just not trying hard enough. After six months, she hadnt heard anything. An employers duty to initiate the interactive process without a request for accommodation from the employee, Are You In or Out? Reviewing current vacancies within the department. There should be no ambiguity in the explanation of the change. endstream endobj 188 0 obj <>stream The interactive process isnt always necessary, though. One member of the crew wears a prosthetic leg which enables him to walk very well, but climbing steps is painful and difficult. 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 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." That process requires "bilateral cooperation and communication," and requires both parties to engage in that process "in good faith." This process is initiated either by: The employee's written or verbal request for assistance, or. 4 Using the Interactive Process to Reach a Reasonable Accommodation. This is a request for a reasonable accommodation. To request permission for specific items, click on the reuse permissions button on the page where you find the item. These accommodations are specific to each individuals needs. 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. The company denied her request, noting that her position required her to work from the office during normal business hours, including the afternoons. Fh^F`h Employers must initiate an interactive process when an applicant or employee requests reasonable accommodations. If there is no solution, the best thing is your documentation showing that you did explore accommodation options. Time Warner Cable Texas LLC hired the plaintiff in October 2012 as a workforce analyst. Also, employers "should not be getting periodic updates when the initial documentation states that the condition is not going to change. Before meeting with the employee, review the employee's current job description and any available $('.container-footer').first().hide(); When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. 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. The most important way to monitor accommodations is to encourage ongoing communication. When expanded it provides a list of search options that will switch the search inputs to match the current selection. Notice may also come in the form of objective proof, such as sudden or increasing inability to perform job functions or other physical manifestations of symptoms that are readily observable to others in the workplace. If the need to accommodate is obvious, an employer cannot simply wait for an employee to expressly request an accommodation. Your release form states you may return to work with the following medical work restrictions: XXXXXXXXXXXXX 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. (Supervisors should stay out of medical details as much as possible, Fram said.). |^| If it is an email, include an email signature with your contact information. Choose someone to ensure that the request for accommodations gets processed. He does not link his need for the new chair with a medical condition. "Often the request doesn't come until, for example, theres a performance management action thats going on." 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 an accommodation is not considered reasonable, refer to Sections IV and V below. Setting expectations at the beginning of the process could help reduce employees' apprehension and cut down on unnecessary phone calls and e-mails. Failure to engage in the interactive process does not, in and of itself, result in liability under the ADA. It is with the understanding that after each future doctor visits you will provide a medical update indicating either a release to perform the essential functions of your position or information describing updated functional limitations, so that a determination can be made regarding continuation of the temporary accommodation. A lot of times we can find an accommodation., Fram agreed: When you get into anyof this, call JAN, he advised. ET, Webinar Read more The interactive process often begins when the employee makes an accommodation request. Whenever a supervisor decides not to grant an employee's request for assistance (even when the assistance has not been identified as a request for accommodation of a disability), the best practice is to provide the employee with the campus policies/procedures pertinent to accommodation of employees with disabilities. The sample policy, written by a law firm, notes that it is intended to aid employers in meeting their obligations under the Americans with Disabilities Act (ADA), as amended, and states that the accompanying sample forms are for "informational, educational, and/or training purposes only." When a request is made, employers should first look for a quick, simple and easy solution,Fram said. endstream endobj startxref endobj A JAN consultant explained the interactive process, that the employee's disclosure is a request for accommodation, and shared JAN's Sample Reasonable Accommodation Request Form for Employers to provide to the employee, in order to clarify and document her accommodation needs. All rights reserved. Jonathan E. O'Connell, SHRM-SCP, is a labor and employment attorney practicing with the federal government in Washington, D.C. [Visit SHRM's resource page on theAmericans with Disabilities Act.]. 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. (4) Consider the preference of the individual to be accommodated and select and implement the accommodation that is most appropriate for both the employee and the employer.