Reasonable Accommodation and the Interactive process Judy Rosen, Campus Disability Senior Officer UCSF Human Resources

1. 1 Reasonable Accommodation and the Interactive processJudy Rosen, Campus Disability Senior OfficerUCSF Human Resources Presented on December 16, 2009to Department Managers and Academic Coordinators UCSF School of Medicine

2. 2 Agenda What is Reasonable Accommodation? State/Federal Law UC Policy Interactive Process Reasonable Accommodation Examples Reasonable Accommodation - Common Errors to Avoid Case Studies Resources

3. 3 What is Reasonable Accommodation? Modifications or adjustments to: The job application process that enables a qualified applicant with a disability to be considered for a position; A work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position or That enable an employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other employees without disabilities.

4. 4 Why Do We Accommodate? Reasonable Accommodation and the Interactive Process are required by: Federal Law – American with Disabilities Act (ADA) State Law – Fair Employment and Housing Act (FEHA) UC Policy – Academic Personnel Policy (APM) 711

5. 5 American with Disabilities Act (ADA) Federal civil rights legislation for people with disabilities guaranteeing access and equal opportunity. Prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress. Requires employers to provide reasonable accommodation. http://ada.gov/

6. 6 Fair Employment and Housing Act (FEHA) Requires employers with 5 or more persons to: Provide reasonable accommodation for those applicants and employees who, because of their disability, are unable to perform the essential functions of their job. Employers must engage in a timely, good faith interactive process with applicants or employees in need of reasonable accommodation. http://www.feha.ca.gov/pub/act.asp

7. 7 Academic Personnel Policy UC has a long history of accommodation. Guidelines around the accommodation of staff have historically been more clearly defined: APM 711 - Outlines guidelines for reasonable accommodation and the interactive process for academic appointees APM 080 – Medical Separation (site under construction)

8. 8 Failure to Accommodate Under FEHA, if an employer fails to reasonably accommodate, the Commission can order the employer to: hire or reinstate award actual damages including, but not limited to, lost wages; emotional distress damages; and administrative fines not to exceed $150,000.00 If heard in civil court, the damages would be unlimited.

9. 9 Reasonable Accommodation and the Interactive Process An Interactive Process must be completed in every case of an employee with a disability who needs or requests an accommodation. Contact Disability Management Services if there are complications, or if assistance is needed.

10. 10 What is the Interactive Process? California State and Federal laws define the “interactive process” as an on-going communication between the employer and the applicant/employee with a known disability in an effort to provide reasonable accommodation.

11. 11 Steps in the Interactive Process Identify what constitutes a “notice” of the need for an accommodation. Consult with the employee to identify any job-related limitations. Ask for documentation of functional limitations from medical provider, unless limitations are obvious. Determine if work restrictions impact job requirements (accommodations can be very simple).

12. 12 Steps in the Interactive Process cont... Identify the essential and non-essential functions of the job. Consult with the employee, supervisor and Disability Management Services to identify possible accommodations. Research possible accommodations. Use the employee’s preferred accommodation if possible

13. 13 Steps in the Interactive Process cont.. Implement the accommodation that is most appropriate for both the employee and the employer and is “reasonable” Monitor effectiveness of implemented accommodation Document the Interactive Process and results

14. 14 Reasonable Accommodation Examples Accommodations may be temporary or permanent adjustments to the job designed to enable an employee to continue to work: Ergonomic or adaptive equipment/aides Work Schedule modifications Providing classrooms with appropriate accessibility and instructional facilities Restructuring the job to eliminate non-essential job functions

15. 15 More Examples… Granting a leave of absence in accordance with policy Reduction of appointment percentage (with corresponding reduction in duties, compensation and benefits) Providing qualified readers or interpreters

16. 16 Reasonable Accommodation: Common Errors to Avoid Not requiring updated medical documentation which outlines restrictions and the duration of time these restrictions will be in place. Contacting the employee’s health care provider directly. Not contacting DMS and the Academic Personnel Office for Guidance. Not advising the employee of his/her resources (DMS, Benefits, FSAP).

17. 17 More Common Errors to Avoid Not advising the employee of available benefits/wage replacement (HSC plan, Liberty Mutual, worker’s compensation, private insurance, leave balances). Not engaging in a good faith effort with the employee and/or the employee’s representative. Not providing an accommodation because it would “set a precedent”.

18. 18 More Common Errors to Avoid Making decisions which would impact the employee’s employment with UC without consulting Campus Counsel, DMS and Academic Affairs.

19. 19 Case Studies

20. 20 Case Study 1 A 42 yr old Faculty is diagnosed with a grand mal seizure disorder. When initially diagnosed, he was unable to drive and the combination of the lights and tile in the hallway were exacerbating the condition. Accommodations provided: FMLA leave for 12 weeks to stabilize condition Dept HSC plan paid 100% for the 12 weeks Upon RTW, “light shades" were provided for fluorescent hall lights.

21. 21 Case Study 2 A 40 yr old Faculty is diagnosed with Parkinson’s disease, which impacts his ability to write and type. Accommodations provided: Initial temporary appt reduction100% appt temporarily reduced to 70% then 51% Permanent appt. reduction to 44% Ergonomic work station evaluation Handwriting devices

22. 22 Case Study 3 An Asst Adjunct Professor is diagnosed with De Quervain’s in the dominant thumb and a back condition secondary to pregnancy. Accommodations provided: Approved LOA from 9/20/07 – 3/7/08 RTW 3/8/08 with restrictions. Able to type/pinch - freq, grip - continuously with splint & lift/carry/push/pull; 5 lbs w/splint. Modified duty involved taking calls, clinics 1 day/week, changing rotation & using RA for writing. Ergonomic work station evaluation RTW full duty 5/1/08

23. 23 Resources SOM Disability Management Analyst: Judy Rosen: 502-2760 Job Accommodation Network: http://www.jan.wvu.edu/index.htm