HENNEPIN COUNTY ACCOMMODATION

“MODEL PROCESS” OVERVIEW

The ADA requires employers and employees to engage in an “interactive process” to determine what reasonable accommodation is appropriate for a disabled employee. It demands that both sides make a good faith effort to analyze the problem and are open and flexible in their positions. This does not mean the employer strictly adheres to the advice of an employee’s medical provider or that an employee’s request is denied simply because s/he would be treated differently than co-workers.

With respect to the accommodation process, the Equal Employment Opportunity Commission advises, “The individual does not need to use special words, such as "ADA" or "reasonable accommodation" to make this request, but must let the employer know that a medical condition interferes with his/her ability to do the job.”

The process provides 4 steps to follow. The information below answers some important questions (How and when to initiate the process? What can the supervisor ask? When and how can the employer initiate contact with the employee’s doctor?) to arrive at the best possible outcome.

Step #1Employee disclosure of a condition or impairment.

It will not always be clear if the employee is disclosing and what the employee needs. Disclosure can take the form of a note from a doctor or similar statement made by the employee.

Step #2Determine the condition or impairment’s impact or the ‘functional limitations’ as they pertain to the job.

Gather information about what is being requested and the functional limitations fromthe employee. Use “Hennepin County Request for Reasonable Accommodation” form. Use the form to get clarification from the employee on what s/he needs.

Review tasks of specific job. Can essential functions be performed with or without an accommodation?

Clarify functional limitations. Contact the LAM Office to obtain a copy of theRelease of Medical Information form. This allows the LAM Office to verify the need for an accommodation by contacting an employee’s medical provider.

Step #3Identify accommodation options.

Review the request and background (medical, job-related issues) information with the employee. NOTE: HR can facilitate this discussion.

Solicit ideas concerning possible disability resources.

Consult internal and external resources.

Complete any further research.

Assess accommodation options.

Consider whether “undue hardship” exists.

Step #4Implementation and Follow up.

Develop an accommodation implementation plan: Who is responsible for each task? What is the proposed time frame? Page 2 of the Accommodation Request form addresses these questions and should be completed and returned to the employee and a copy sent to HR.

If the accommodation will affect co-workers, how will the information be shared and discussed, if at all?

If the accommodation cannot be implemented right away, how will the employee be accommodated in the interim?

Plan periodic meetings to discuss the accommodation’s effectiveness.

Is the accommodation working for the employee? Is the accommodation working for both the employer and the work group?

Other Considerations.

What if the disability changes, symptoms worsen, etc?

What if the employee does not accept the suggested accommodation?

When is it time to consider options such as reassignment, medical leave of absence or disability retirement rather than accommodations?

Summary – Human Resources Leave & Accommodation Management (LAM) Office

ADAaCCOMMODATION sERVICES

Provide an overview of the process, legal options, medical resources and past practice to employees and supervisors.

Consult with outside resources, service and medical providers.

Assist supervisor with gathering and evaluating medical information.

Act as a “buffer” between employee and supervisor, especially with respect to highly confidential medical problems or when performance or discipline arises during accommodation review.

Assist supervisor in generating alternatives especially if the employee is addressing a new medical limitation.

Act as “disability case manager” with complex cases involving disability plus performance concerns or chronic and changing medical conditions.

In cases involving potential medical leaves of absence or retirement for medical reasons, coordinate assistance to help employee assess different options.

With respect to FMLA and other medical leaves, advise supervisors on work return questions and coordinate any new accommodations required for return-to-work.