sample interactive process letter to employee

Copyright How to engage in the 'Interactive Process' with an employee 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. An employer causing a breakdown in these informal discussions or refusing to engage in it altogether can serve as evidence of discrimination. The Americans with Disabilities Act (ADA) requires covered employers to provide effective, reasonable accommodations for employees with disabilities. Make use of words in such a way that . Again, the employee who requested the accommodation is a good place to start so employers should always invite the employee to suggest accommodations. That way, no one is surprised when the accommodation is revisited down the road. Assess the effectiveness of the accommodation(s) in enabling the employee to perform the essential functions of the job. " In some cases, the employees disability and need for accommodation are obvious and no additional information is needed. The use of these forms does not insulate a user from liability or create a presumption that discrimination did not occur. Titled " The Zappos Culture Book ," this handbook highlights the company's dedication to workplace culture. 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. 1. e e e e e y y y 8 y * F f* h* h* h* h* h* h* - / SAMPLE FORM FORMONITORING ACCOMMODATIONS JAN offers the following sample form as a tool to assist in the interactive accommodation process. McAfee & Taft A Professional Corporation. Setting expectations at the beginning of the process could help reduce employees' apprehension and cut down on unnecessary phone calls and e-mails. For example, if an employee has a couple of doctors appointments during the next few weeks and needs to come in a little late, let the person do it. ", 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. 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. How to Create a Robust Reasonable Accommodation Process - SHRM Organizations dont invest enough time looking for accommodation options and dont document where/how they have looked, said Loy. 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 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. However, in keeping with the spirit of the interactive process, an employee who is struggling to adequately perform should be asked if there is any type of assistance that might enable the employee to better perform his/her job functions and, along with other material describing employee support resources, the employee should be given information about campus policies/procedures applicable to employees with disabilities. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation. Contact the Disability and Rehabilitation Consultant immediately in the event of performance or attendance problems. The request doesnt have to include any specific terminology. This agreement should be documented. What does antisemitic discrimination look like at work? The employee does not have to formally notify the supervisor or department in writing. If everything is working well, she continues to check in every six months. Should an Accommodation Request Automatically Trigger FMLA? 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. Please note that all such forms and policies should be reviewed by your legal . ", "When implementing an accommodation, supervisors sometimes disclose medical information,"Loy said. %%EOF DOC JAN - Job Accommodation Network Your Accommodation Request Was Denied. It was created to assist you while you are recovering. This area cover the performance management review program 'Achieve Together' and the Foundational Skills program. DOCUMENTING CURRENT ACCOMMODATIONS 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. Remember to only ask for the necessary medical information. The law has helped hundreds of millions of workers in its relatively short history. 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. Notice may come from the employee directly, or from the employees family members, friends, health professionals or other representatives. endobj ET, Presented by studioID and Express Employment Professionals, FMLA: The 30-year legacy of a celebrated and complicated employment law. PDF The FEHA/ADA Interactive Process - Freeman Rehabilitation Services h\ CJ Interactive Process - Freeman Rehabilitation Services By using this site, you accept and agree to be bound by these terms. 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. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Empower your employee to express concerns with their accommodations at any time. } Remember when consulting with outside resources, employers must comply with the confidentiality rules of the ADA. You can update your choices at any time in your settings. Once youve identified an accommodation request, its best to take action immediately. +R^_C%342hE0qmQSK[ x An employee submitted an accommodation request for an ergonomic chair due to a back injury. In response, again citing anxiety and panic attacks resulting from heavy traffic, the plaintiff submitted an accommodation request for a modified in-office schedule, from 7 a.m. to 2 p.m., working from home in the afternoons. An employer also cannot ignore these things simply because an employee has been cleared to return to work with or without restrictions. No Upcoming Events for Interactive Process. stream An important but often forgotten part of the interactive process is monitoring accommodations after they are in place. Court decisions interpreting the ADA provide some general principles. ` No Remote Monthly Series Training for Interactive Process. Employees last name], We have received your medical release from your doctor, [name] dated [date]. <> If assistance is desired, please call the ACCES Consultant at (858) 888-8888. "You rarely see an . Please log in as a SHRM member. 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 ADA Reasonable Accommodation Interactive Process Letter But the FMLA doesnt provide paid leave, and employers say it can be difficult to administer. Employees can start the interactive process using any form, including verbal communication. Before meeting with the employee, review the employee's current job description and any available Shortly thereafter, the company terminated the plaintiff's employment after she failed to report to work due to child care issues. Others take a more qualitative approach that involves writing a free-form paragraph summarizing the employee's strengths and weaknesses. Need help with a specific HR issue like coronavirus or FLSA? }); if($('.container-footer').length > 1){ [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." Whether sending an email or letter, add a professional greeting that includes the person's name. If equipment is involved in the accommodation, someone may need to be assigned to perform maintenance or upgrades as needed. Sometimes, however, the employer must initiate the interactive process without receiving a request for accommodation from the employee. 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. It may also come as a result of administering FMLA leave or a workers compensation claim. 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. ET, Webinar endobj 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. 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. But, if you have an employee request a new chair because its uncomfortable, it wouldnt be a request for reasonable accommodations. 4 0 obj var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. The procedures apply for employees covered by the Americans with Disabilities Act (ADA), The California Fair Employment and Housing Act and/or Sections 503/504 of the 1973 Rehabilitation Act. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. 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. 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. For additional information about the interactive process, contact JAN directly to speak with a consultant or visit AskJAN.org. 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. The person writing the email should make sure that the change in process is communicated clearly. - A Deconstructive Series for ADA Terminology, What Does Reasonable Mean? Then select the most appropriate accommodation for you and your employee. Reasonable Accommodation | CRD - California The employee who requested the accommodation is often the best source of information about the disability and possible accommodations. To begin this process, the company downloaded forms from JANs A to Z: Sample Forms. 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. 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. | 1 p.m. Please read our Cookie Notice. The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation. Assuming the proper criteria are met, the next step is for the employer and employee to engage in an "interactive process". 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. Employers must initiate an interactive process when an applicant or employee requests reasonable accommodations. "If it wont work, you can show you did all you could have done. The Equal Employment Opportunity Commission (EEOC) enforces the protections provided to employees with disabilities under the Americans with Disabilities Act (ADA). 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. However, unless the disability or the need for accommodation is obvious, it is the responsibility of the employee to inform the supervisor that an accommodation is needed in order to perform the essential job functions, or to receive equal benefits and privileges of employment. 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. hb```TB ea8 ,2^2o-r `{ iP~ |qW |t3utWD1$1}I? Virtual & Washington, DC | February 26-28, 2023. endobj If a Disability Does Not Allow an Employee to Perform One or More Essential Job Functions. <>>> A lot of times we can find an accommodation., Fram agreed: When you get into anyof this, call JAN, he advised. 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. They are excellent. As a result, the company approved the plaintiff's use of one hour of FMLA leave per week for a period of six months. This includes: Evaluating the employee's functional abilities and limitations; Exploring options available for an accommodation. Never assume an employee is disabled. A federal agency recently updated its accommodation policy. The most important way to monitor accommodations is to encourage ongoing communication. 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. 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. IV. The following list provides some guidelines. "If there is one, go ahead and just do it." This tech company uses their own platform to house their employee handbook, which they call an "employee manual.". Assuming you return the requested information within the time frame noted above, we have scheduled an interactive meeting with you on [time] at [location]. of Fair Employment & Housing (DFEH) expects employers to make up to three attempts, if needed, to contact the employee regarding participation in the interactive meeting. As a part of this update, disability program managers have to touch base with the Job Accommodation Network when seeking accommodation ideas. 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. For example, if an employee needs an accessible parking space, coworkers need to know only that this person has a specific space not why. Also, include a closing and a polite signature. Understand how these limitations impact their essential job functions. Employers must act reasonably when determining whether there exists sufficient notice to initiate the interactive process. He does not link his need for the new chair with a medical condition. 1630.2(o)(3). An employee should not be asked whether s/he has a disability or any other question about his/her medical condition. 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. In order for the practitioner to provide a knowledgeable recommendation, the job description with the essential assigned duties annotated and a PEM form for the job should be provided to the employee to give to her/his practitioner. ta SKN The process requires an individualized assessment of both the job and the specific physical or mental limitations of the individual that are directly related to the need for reasonable accommodation. The ADA requires an "interactive process" between a disabled employee and her employer in the search for a reasonable accommodation. "), That the supervisor said, "How can I help you? The interactive process can begin when the employee makes the request. 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. After the full implementation of an accommodation, she follows-up with the employee in six weeks to ask if it is working. Although this is a request for a change at work, his statement is insufficient to put the employer on notice that he is requesting reasonable accommodation. ", "On the communication side, one of the really useful tools is documentation," Schwarz said. NOTE: These procedures supplement relevant personnel policies and collective bargaining agreements, and should be read in conjunction with those provisions. The description of the [modified/alternate] employment is as follows (include description of accommodation here): This is a temporary accommodation, not a permanent position. If the need to accommodate is obvious, an employer cannot simply wait for an employee to expressly request an accommodation.

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