Handling Accommodation Requests: Respond, Interact, Manage & Document

By Terri L. Rhodes, CLMS, CCMP, CPDM, MBA

CEO
DMEC

Welcome to Autumn! The temperatures are cooling, kids are back in school, and as we wrap up year-end projects, our attention turns to our 2019 goals. Before we jump ahead, it might be a good time to ensure we’ve got the basics covered.

This edition of @Work is focused on the Americans with Disabilities Act (ADA). Why does the ADA still remain a challenge for many employers? The law has been in existence for more than 25 years. We’ve evolved our programs to meet changing requirements. We’ve fine-tuned our processes, and we know what we need to do. Perhaps we all need to take a step back and be reminded of the fundamentals when it comes to ADA accommodation requests. It boils down to four steps: respond, interact, manage, and document. That sounds simple, right?

Before we can respond to an accommodation request, we need to know that a request has been made. Often, the manager is aware of a medical condition that may be impacting job performance before the HR team knows, so training frontline supervisors and managers proves essential. While this can be challenging given high turnover rates and multi-site employment environments, three main points are crucial for managers and supervisors. 1) They need to a basic understanding of the ADA and when an employee might be invoking an ADA request; 2) they need to understand that not responding to an accommodation request can have serious implications for the organization; and 3) they need to know where to go for help.

Once the request has been made, employers are required to engage in the interactive process to determine ADA accommodations. The interactive process is a conversation with the employee, where restrictions and limitations that impact the employee’s ability to perform the job can be reviewed. We sometimes make this step more difficult than it is.

According to the 2017 DMEC Leave Management Survey (see page 9), the most common accommodations were tools available through existing return-to-work (RTW) programs, such as adjusting work schedules and making the workplace more accessible. And for many accommodations, the cost is less than $500.

In order to manage accommodations, you need a written policy and process that clearly describes your disability management program and contains an affirmative statement about nondiscrimination for ADA purposes. It is imperative that enough people are trained, informed, and skilled at managing your program with consistent application of policy and process for requests across the organization.

​And finally, document everything. When I managed a large claims staff, a sign in my office read, “If it is not in the file, it didn’t happen.” Document all conversations and communications, and keep a copy in a separate paper or electronic file that is not part of the HR file.

Covering the basics (respond, interact, manage, and document) is the key to compliant and effective ADA programs.

In this issue, you’ll also find other tips and tools to help you manage your ADA obligations. Despite the concerns we all share about ADA litigation and reputational damage, it is important not to lose sight of the big picture: the workplace is more productive when we get employees back to work as quickly as possible or keep them on the job by making necessary adjustments.

For additional tools and resources, please plan to join us at the 2019 DMEC FMLA/ADA Employer Compliance Conference, May 6-9, 2019, at the Hilton Portland Downtown in Portland, OR.