What is an Interactive Process?
What is an Interactive Process?
An interactive process meeting is a good faith collaborative discussion between Human Resources, Department/Site Administration, and the employee to determine if reasonable accommodations can be made so that the employee is able to perform their job. In this meeting, you can expect:
Information sharing - The employer and employee share information about the employee's limitations and capabilities, the employer's needs and constraints, and possible solutions
Respect - The process respects the employee's input and the employer's ability to provide reasonable accommodations
Review of the Request - The employer reviews the accommodation request and may ask for documentation or a written medical release
Dialogue - The employer and employee engage in a flexible and good faith dialogue
The Interactive Process may not necessarily be a one-time meeting. Employers may need to engage in several interactive meetings before an accommodation can be determined. An accommodation determination may be made at the first interactive meeting, only to find months later that further engagement is again necessary.
Employers are required to provide reasonable accommodation except when:
The employee cannot perform the essential functions of the job.
The accommodation results in undue hardship for the employer.
The employee is a direct threat to themselves or others.
Employers are required to engage in a timely, good faith Interactive Process
"Timely" means a time frame reasonably specific to each situation. What is timely in one situation may not be in another.
"Good Faith" means the employer must communicate honestly with each other and neither party can delay or interfere with the process.
"Interactive" means the employer must meet or communicate with the employee and discuss options.
When a reasonable accommodation can be made, it benefits both the employee and employer. Accommodation reduces turnover, nurtures a positive employee/employer relationship, maintains organizational productivity, demonstrates the employers value for the employee’s contribution, avoids the costs and turmoil associated with litigation, etc.
What is a Reasonable Accommodation?
A reasonable accommodation means taking appropriate (reasonable) measures to allow persons with a disability or medical condition the opportunity to continue employment. The accommodation must be effective in enabling the employee to continue working. Examples of reasonable accommodations include, but are not limited to:
Restructuring jobs, which may include reassignment of non-essential functions
Reassignment or transfer to a vacant position, including a transfer to a different worksite
Part-time or modified work schedules
Alteration of when and how an essential function is performed
Use or presence of certified assistive animals at the worksite
Leaves of absence (paid and/or unpaid)
Ergonomic sit/stand stations
What is not a Reasonable Accommodation?
Some examples of unreasonable accommodations include, but are not limited to:
Accommodations that impose an undue hardship on the employer. This means the specific accommodation would require significant difficulty or expense.
Elimination or removal of the essential functions of a job. Essential functions are those job duties that are fundamental to a position and must be carried out during performance of the job.
Making a temporary modified position permanent or creating a new position.
Lowering quality or production standards.
Providing glasses, hearing aids, or mobility aids that would otherwise normally be required outside of the workplace.
Jeopardize the health and safety of the injured employee or other employees.
What triggers the need for an Interactive Process?
The employer has a duty to engage in a timely, good faith Interactive Process when an employee is known to have, or is perceived to have, a disability or medical condition that is impacting the ability to perform the essential functions of the job. The disability does not necessarily need to meet the definition of a permanent disability within the workers’ compensation system.
Written or oral communication from an employee, employee’s spouse, employee’s representative, or the employee’s physician, indicating a disability or medical condition, whether temporary or permanent, and suggesting or requesting accommodation on a temporary or permanent basis.
The employee requests an accommodation.
The employer has knowledge of a disability or medical condition; includes knowledge from a third party or by observation.
The employee exhausts leave and the employee’s healthcare provider indicates further leave is needed.
Prior to placing an employee on the 39-month rehire/re-employment list in accordance with the Education Code, the employer is required to engage in the Interactive Process.