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Effective Practices in the Interactive Process for Accommodation Requests

Learn about the best practices for engaging in the interactive process according to the Americans with Disabilities Act. Explore steps to recognize, gather information, explore options, choose, implement, and monitor accommodations. Find valuable tips on what to do and what to avoid during each stage.

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Effective Practices in the Interactive Process for Accommodation Requests

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  1. Best Practices for Engaging in the Interactive Process • Lou Orslene, JAN Co-Director, • MSW, MPIA, CPDM • http://askjan.org/landingpage/Hawaii2014/

  2. Americans with Disabilities Act • Tips about Accommodation • Required, absent undue hardship, to provide a reasonable accommodation to an otherwise qualified individual who meets the definition of disability • Can choose among effective accommodation options • Do not have to provide accommodations unless needed because of a disability • Do not have to provide accommodations that pose an undue hardship • Do not have to provide personal use items needed in accomplishing daily activities both on and off the job • Do not have to make an accommodation for an individual who is not otherwise qualified for a position • Do not have to remove essential functions, create new jobs, or lower production standards

  3. JAN’s Interactive Process

  4. JAN’s Interactive Process • Step 1: • Recognizing an Accommodation Request • Starting the Interactive Process

  5. JAN’s Interactive Process • What is a reasonable accommodation request? • An applicant or employee asks for something that is needed because of a medical condition.

  6. JAN’s Interactive Process • Bolts • Err on the Side of Caution • Conduct Training • Assign Responsibility • Act Quickly • Streamline Procedures • Step 1: Nuts • Missing a Request • Unnecessary Delays

  7. JAN’s Interactive Process • Step 2: • Gathering Information • Getting What You Need To Process the Request

  8. JAN’s Interactive Process • What is allowed? • Medical documentation • Employee has a disability • Employee needs an accommodation • Limitations, work-related problem, accommodation ideas

  9. JAN’s Interactive Process • What is prohibited: • Irrelevant information • Information that is known or obvious

  10. JAN’s Interactive Process • Bolts • What, Why, How • Do You Already Have It? Why Do You Need It? • Step 2: Nuts • Getting What You Need • Not Asking for Too Much

  11. JAN’s Interactive Process • Step 3: • Exploring Accommodation Options • Figuring Out What Accommodations Might Work

  12. JAN’s Interactive Process • What should you do? • Brainstorm • Think outside the box • Talk with the employee • Use available resources

  13. JAN’s Interactive Process • What should you not do? • Say “this is not how we do it” • Rigidly stick to policies • Not listen to anyone else

  14. JAN’s Interactive Process • Bolts • Forget Laws • Forget Policies • Focus on What Could Work • Ask the Employee • Ask the Doctor • Ask JAN • Step 3: Nuts • Saying “NO” Too Quickly • No Ideas

  15. JAN’s Interactive Process • Step 4: • Choosing an Accommodation • Exercising Your Prerogative

  16. JAN’s Interactive Process • Consider: • Employee’s preference • Business needs

  17. JAN’s Interactive Process • Do not consider: • Co-worker morale • Customer preference • Power struggles

  18. JAN’s Interactive Process • Bolts • Have a Neutral Person • Be a Manager • Do General Awareness Training • Let Employee Discuss Disability • Try It! • Step 4: Nuts • Avoiding Power Struggles • Avoiding Co-worker Problems • Not Knowing If Accommodation Will Work

  19. JAN’s Interactive Process • Step 5: • Implementing the Accommodation • Taking Steps Necessary to Make Accommodation Work

  20. JAN’s Interactive Process • Implementation may involve: • Purchasing and installing equipment • Ordering a service • Training • Notifying those who need to know

  21. JAN’s Interactive Process • Informing others does not involve: • Telling co-workers

  22. JAN’s Interactive Process • Bolts • Test It! • Use Good Management Techniques • Step 5: Nuts • Making Sure It Works • Communicating as Needed

  23. JAN’s Interactive Process • Step 6: • Monitoring the Accommodation • Making Sure the Accommodation Continues • To Be Effective

  24. JAN’s Interactive Process • Do: • Establish open lines of communication • Check with the employee periodically • Take responsibility for maintenance and updates

  25. JAN’s Interactive Process • Do not: • Make employee jump through unnecessary hoops • Ask for medical updates you do not need

  26. JAN’s Interactive Process • Bolts • Communicate Effectively • Assign Responsibility • Announce, Publish, Repeat, Be Responsive • Step 6: Nuts • Keeping Accommodations Working • Effectively Communicating

  27. Questions?

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