Smart Benefits: The ADA Interactive Process Explained
Rob Calise, GoLocalProv Business/Health Expert
Smart Benefits: The ADA Interactive Process Explained
The Americans with Disabilities Act (ADA) requires employers to reasonably accommodate their employees’ disabilities and engage in an interactive process when a request for accommodation is made. But just what is the interactive process?
According to the Equal Employment Opportunity Commission, the process occurs when the employee and the employer “communicate with each other about the request, the precise nature of the problem that is generating the request, how a disability is prompting a need for an accommodation, and alternative accommodations that may be effective in meeting an individual’s needs.”
During this process, the employer should take several steps:
- Review the specific job position to understand its essential job functions, which are the tasks that must be done by whoever holds the position. For example, a chef must be able to cook. The essential job functions are used determine whether an accommodation can be made. If an employee can’t do one or more of the essential job functions, even with accommodation, then the employer is not required to make an accommodation.
- Request medical information and supporting documentation as needed and as appropriate. While an employer doesn’t have to take the employee’s word that they have a disability or that an accommodation is needed, don’t request or require more than is reasonable. For example, a note from a licensed physician saying an employee suffers from anxiety and may need additional break time to implement coping mechanisms should be sufficient, without requesting the diagnosis details, past mental health history, etc.
- Talk with the employee about their workplace challenges and how they may affect their work performance. This conversation will help you determine what specific solutions might work for the employee.
- Explore with the employee a variety of potential reasonable accommodations to help minimize or remove the identified challenges.
- Assess the effectiveness of each agreed-upon reasonable accommodation over time. Accommodations set up today might not always work well for the employee or the company so it’s okay to reassess later whether an accommodation remains reasonable given changed circumstances. Remember that employers do not have to provide accommodations that would create an undue hardship for them; however, “undue hardship” is a high bar to meet and should not be relied upon in most circumstances.
- Communicate regularly with the employee throughout the process and after accommodations are in place. Regular communication demonstrates an employer’s good faith and shows the employee that the company takes their challenges and concerns seriously. And be sure to document these conversations.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLAST
Essentially, the interactive process is really just an ongoing conversation with an employee who has requested a reasonable accommodation under the ADA. Through the process, the employer and employee can identify what accommodations can be made so the essential functions of the job get done while keeping the lines of communication open to ensure maximum productivity going forward.
Power List - Business
Big Bankers
Kevin Tracy and Oliver Bennett— There are deals and there are BIG DEALS. In Rhode Island, with all of the changing players and banking relationships, one reality is pretty much the same. If you have a big deal that needs sophisticated financing, the community banks may not be able to handle it.
Bank of America may have abandoned the Superman Building, but they are still in Rhode Island and still doing big deals. Kevin Tracy, the former Brown golfer and Oliver Bennett — long ago Fleet Bank trainees — are now the guys you bring in for a $50 million deal. The more things change - the more they stay the same.
Lookout
John Hazen White, Jr. — White has taken Taco to new levels as he has made a series of strategic acquisitions to bolster the Rhode Island manufacturing company into a global firm.
He continues to be a leader in American manufacturing investing in worker retention and employee training.
Behind the scenes, White is a combination of an adviser and moral compass to many in Rhode Island. Despite taking a lower profile than his Lookout RI days, White is still a force pushing for ethics reform.
Ambassador
Joe Paolino — Once the young Mayor who took over in the 1980s when Buddy Cianci was forced to resign (the first time), now the leading corporate voice in Providence if not Rhode Island.
While others complain at lunches at the Hope Club and University Club about the plight of the Capital City, Paolino has rolled up his sleeves and taken on issues like panhandling and homelessness.
With a real estate empire that includes much of downtown, some of the top properties in Newport and Hasbro’s campus in Pawtucket to name a few, Paolino has close ties to Governor Gina Raimondo and even closer ties to the Clintons - could a federal appointment be in the works in 2017?
Dominant
Steve Kirby — No one dominates commercial real estate in Rhode Island like Kirby does on Aquidneck Island. His red “Kirby Commercial” signs are literally everywhere across the island and in Newport proper -- they are more frequent than street signs.
Want to open a clothing store in Newport? Go see Steve Kirby. Looking to launch a startup tech firm? Call Kirby. Developed cool technology and want to start producing for the Navy? Email Kirby.
Kirby maybe the most influential in business on Aquidniick Island. (PS He will tell you which bankers to talk to).
Labor Boss
George Nee — President of the AFL-CIO, Nee is one of the most influential players in business in Rhode Island.
He is Vice Chair of the Convention Center Authority Board, on the Commerce Corp board, the most influential voice for labor at the State House, and involved one way or another in just about every negotiation on constructing public buildings or issuing a tax stabilization agreement in Providence.
For the most part his public persona has been more muted recently, but that has not impacted his private influence. If it happens in Rhode Island, Nee has probably touched it.
Monopoly
Sally Lapides — If Teddy Roosevelt were alive today and saw the number of Residential Properties’ real estate signs on the East Side he would call it a monopoly and want to break up the company. Lapides not only dominates one of the most affluent sections of Rhode Island, but she also delves into the arts, education and politics.
When you sell the wealthiest and most influential their homes, you make a lot of friends.
Lapides is a force in residential real estate and it will be interesting to see what she does next.
Transformative
Helena Foulkes — Two of the biggest decisions CVS ever made were the brain children of Foulkes. The Extracare card and the removal of tobacco from its stores were both influenced by Foulkes.
She has emerged as a national power in business and makes all the business lists for top women, but make no mistake - she is wildly influential in Rhode Island.
She is close to Raimondo and she may decide to jump into political waters in the future - or may decide if she can snag the CEO spot at CVS.
Visionary or Free Rider
Buff Chace — One of downtown Providence's biggest real estate magnates is a lightning rod in the Capital City. Widely considered to be one of the prime catalysts of Downcity's resurgence, Chace's accumulation of properties on Westminster Street is straight out of a Monopoly playbook.
His recent acquisition of the ProJo building has further solidified his dominance, which has not been without intense scrutiny, given his ability to continually secure -- and extend -- tax stabilization agreements at a time when the city's dire financial straits are close to reaching a head.
Wealthy, influential, and active in the community, Chace has chaired the Downtown Providence Parks Conservancy and has been a member of the Executive Committee of the Providence Foundation, and is a director emeritus for GrowSmart RI and a trustee emeritus of Trinity Repertory Theatre.
Big Time
Richard Baccari — One of the biggest real estate developers in New England. For decades he has been a major player in Providence, Rhode Island and the northeast.
During that span, he has been the driving and innovative force behind some of the region's most significant residential and commercial development endeavors.
See a Stop and Shop development and Baccari probably built it. Has fought back business challenges and much more.
