A key part of the reasonable accommodation is the “interactive process.” This process requires both parties, employer and employee, to sit down and discuss ways to adjust the job duties to allow the disabled individual to do their job.
Interactive means the employee is equally responsible for coming up with ideas and solutions to enable them to perform the job duties. This conversation enables the employer to gather information and work with the employee to explore accommodations and alternative ways for the individual to perform the job.
The disabled employee typically has unique knowledge of their limitations, and can provide ideas. In addition, the employee’s doctor often can provide helpful input.
It is important to have a checklist and a form that allows an employer to collection information and document the steps taken to accomodate an employee.
A key part of the reasonable accommodation is the “interactive process.” This process requires both parties, employer and employee, to sit down and discuss ways to adjust the job duties to allow the disabled individual to do their job.
Interactive means the employee is equally responsible for coming up with ideas and solutions to enable them to perform the job duties. This conversation enables the employer to gather information and work with the employee to explore accommodations and alternative ways for the individual to perform the job.
The disabled employee typically has unique knowledge of their limitations, and can provide ideas. In addition, the employee’s doctor often can provide helpful input.
It is critical to keep the medical information private, and it should be kept in the employee’s medical file, not the personnel file.
Good Records
Key to the accommodation process is having good records, and taking notes of any conversations and ideas proposed by both sides. There are times, however, that regardless of any efforts, there will be no way to accommodate the disabled employee. This is why the records need to reflect the efforts made by the employer as a defense against any claim of disability discrimination.
