best practices for engaging in the interactive proces s lou orslene, jan co-director,
DESCRIPTION
Best Practices for Engaging in the Interactive Proces s Lou Orslene, JAN Co-Director, MSW , MPIA, CPDM http :// askjan.org/landingpage/Hawaii2014/. Americans with Disabilities Act. Tips about Accommodation - PowerPoint PPT PresentationTRANSCRIPT
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/
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
BoltsForget LawsForget PoliciesFocus on What Could Work
Ask the EmployeeAsk the DoctorAsk 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 ManagerDo General Awareness TrainingLet 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?