JAN is a service of the U.S. Department of Labor’s Office of Disability Employment Policy. 1 Best Practices for Engaging in the Interactive Process Lou Orslene, JAN Co-Director, MSW, MPIA, CPDM

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 Americans with Disabilities Act 2

JAN’s Interactive Process 3

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

27 Questions?