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Best Practices for Engaging in the Interactive Proces s Lou Orslene, JAN Co-Director,

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

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Best Practices for Engaging in the Interactive Proces s Lou Orslene, JAN Co-Director,

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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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