JAN is a service of the U.S. Department of Labor’s Office of Disability Employment Policy.

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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

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JAN’s Interactive Process

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Step 1: Recognizing an Accommodation Request

Starting the Interactive Process

JAN’s Interactive Process

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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

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Step 1: Nuts

Missing a Request

Unnecessary Delays

Bolts

Err on the Side of Caution

Conduct Training

Assign Responsibility

Act Quickly

Streamline Procedures

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JAN’s Interactive Process

Step 2: Gathering Information

Getting What You Need To Process the Request

JAN’s Interactive Process

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What is allowed? Medical documentation

Employee has a disability Employee needs an accommodation

Limitations, work-related problem, accommodation ideas

JAN’s Interactive Process

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What is prohibited: Irrelevant information Information that is known or obvious

JAN’s Interactive Process

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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?

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JAN’s Interactive Process

Step 3: Exploring Accommodation Options

Figuring Out What Accommodations Might Work

JAN’s Interactive Process

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What should you do? Brainstorm Think outside the box Talk with the employee Use available resources

JAN’s Interactive Process

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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

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Step 3: Nuts

Saying “NO” Too Quickly

No Ideas

BoltsForget LawsForget PoliciesFocus on What Could Work

Ask the EmployeeAsk the DoctorAsk JAN

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JAN’s Interactive Process

Step 4: Choosing an Accommodation

Exercising Your Prerogative

JAN’s Interactive Process

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Consider: Employee’s preference Business needs

JAN’s Interactive Process

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Do not consider: Co-worker morale Customer preference Power struggles

JAN’s Interactive Process

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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!

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JAN’s Interactive Process

Step 5: Implementing the Accommodation

Taking Steps Necessary to Make Accommodation Work

JAN’s Interactive Process

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Implementation may involve: Purchasing and installing equipment Ordering a service Training Notifying those who need to know

JAN’s Interactive Process

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Informing others does not involve: Telling co-workers

JAN’s Interactive Process

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Step 5: Nuts

Making Sure It Works

Communicating as Needed

Bolts

Test It!

Use Good Management Techniques

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JAN’s Interactive Process

Step 6: Monitoring the Accommodation

Making Sure the Accommodation Continues

To Be Effective

JAN’s Interactive Process

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Do: Establish open lines of communication Check with the employee periodically Take responsibility for maintenance and updates

JAN’s Interactive Process

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Do not: Make employee jump through unnecessary hoops Ask for medical updates you do not need

JAN’s Interactive Process

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Step 6: Nuts

Keeping Accommodations Working

Effectively Communicating

Bolts

Communicate Effectively

Assign Responsibility

Announce, Publish, Repeat, Be Responsive

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JAN’s Interactive Process

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Questions?