ANSWER
- The IP is an ongoing dialogue between employer and employee conducted in good faith, regarding how the employee (or applicant) is limited in his/her ability to perform the essential functions and what, if any, reasonable accommodations could enable him to perform those essential functions.
- Disability issue comes to manager or supervisor’s attention through observation or request for accommodation.
- Consult with the employee to identify any job-related limitations.
- Ask employee for documentation of functional limitations from medical provider.
- Identify the essential and non-essential functions of the job.
- Consult with the employee and Disability Management Services to identify possible accommodations.
- Implement reasonable accommodation that is most appropriate for both the employee and the employer and is “reasonable.”
- Complete and document Reasonable Accommodation Agreement and fax form to Disability Management Services at (949) 824-9299.
- IP should not end until one of the following occurs:
- Employee has been reasonably accommodated,
- It has been determined no reasonable accommodation exists and there is no vacant alternative position for which the employee is qualified, or
- The employee ends the IP by failing or refusing to participate in good faith.
WAYS TO PREVENT LIABILITY
Document the interactive process.
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Reasonable accommodation – Effectively enables an employee to perform the essential functions of the job