1. 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 http://askjan.org/landingpage/Hawaii2014/

2. 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

3. JAN’s Interactive Process 3

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

5. 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

6. 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

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

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

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

10. 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

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

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

13. 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

14. 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

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

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

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

18. 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

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

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

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

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

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

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

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

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

27. 27 Questions?