The Crucial Role of Interactive Process Meetings in ADA Accommodations
The Americans with Disabilities Act (ADA) is a cornerstone of workers' rights, ensuring that employees with disabilities (both temporary and permanent) receive reasonable accommodations to perform their jobs effectively. Labor unions play a pivotal role in advocating for these rights, particularly during the interactive process meeting—a collaborative effort between employers and employees to find reasonable accommodations.
In fact, public employees have the right to representation during the interactive process based on a ruling from the Public Employment Relations Board (Sonoma County Superior Court (2017) PERB Decision No. 2532-C.)
The ruling clarified that interactive process meetings qualify as meetings regarding “matters related to an employee’s terms and conditions of employment,” and therefore union representation must be allowed.
Employees must make the request if they want to have a union representative present. Once the request is made, it cannot be denied.
Understanding ADA Accommodations
ADA accommodations are modifications or adjustments to a job or work environment that enable an individual with a disability to have an equal opportunity to perform their duties. These can range from physical adjustments, like ergonomic workstations, to policy changes, such as flexible working hours.
In California, the Fair Employment and Housing Act (FEHA) complements the ADA by providing additional protections, including a broader definition of disability and a lower threshold for establishing discrimination. This dual framework strengthens the rights of workers with disabilities, making the role of labor unions even more critical in ensuring these laws are upheld.
The Interactive Process Meeting
The interactive process is a mandated dialogue between the employer and the employee, with the goal of identifying appropriate accommodations. This process is a collaborative conversation that respects the employee's input and the employer's capacity to provide reasonable accommodations.
SLOCEA's Role in the Interactive Process
Advocacy and Support: SLOCEA labor representatives advocate for our members by ensuring that the interactive process is conducted fairly and transparently. Reps attend the meetings with members to provide support and ensure that their rights are protected. Reps may also be able to assist members in brainstorming creative accommodations to meet the needs of both employee and employer.
Ensuring Compliance: When members request SLOCEA’s support with ADA accommodations, we also ensure employers adhere to the legal requirements of the interactive process. This includes ensuring that the employer does not prematurely dismiss accommodation requests or fail to consider viable options.
Facilitating Communication: Effective communication is the cornerstone of the interactive process. SLOCEA helps facilitate this by bridging gaps between employees and employers, ensuring that both parties understand each other's perspectives and limitations. SLOCEA proactively engages with the employer’s HR department to foster a culture of inclusivity and compliance.
Providing Proper Documentation: Insufficient medical or job-related documentation can often hinder the process, making it take longer than necessary or leading to dismissal by the County for lack of verification. SLOCEA labor representatives can assist employees with the medical certification paperwork, ensuring that the employee can communicate what is needed to their medical provider.
Collaborative Solutions: SLOCEA works with County HR and department representatives to find innovative solutions that meet the needs of both the employee and the County or agency. This collaborative approach often leads to more sustainable and effective accommodations.
Examples of Reasonable Accommodations
A reasonable accommodation is any practical adjustment that allows an employee with a disability to carry out the key duties of their position, without causing undue hardship to the employer. Reasonable accommodation can include, but is not limited to, the following:
Modified job duties
Additional leave time
Modified work schedules
Mechanical or ergonomic equipment
Adjusting or modifying exams, training, materials, or policies
Reassignment to a vacant position with job duties that meet the specific needs of the employee.
Certain accommodations or adjustments are not considered reasonable, such as providing an unknown amount of time off with no estimated return date or changing an employee's supervisor. Reasonable accommodations cannot cause undue hardship on the employer. This includes consideration for the cost, staffing resources, and type of operations at the affected Department or agency.
Success Stories
Several success stories highlight the impact of SLOCEA’s involvement in the interactive process:
SLOCEA successfully advocated for a County employee with a medical injury, sustained off-the-clock, that had not healed by the time the employee ran out of FMLA-protected leave-time. Working together with HR and the Department, SLOCEA was able to assist the member in achieving an ADA accommodation of extended leave time, ensuring that the member had the time off needed to heal before returning to work full-time.
For an employee struggling to get the ADA paperwork completed correctly by their medical provider, SLOCEA was able to provide support and clear direction on what was missing. The labor representative met with the member, compared the doctor’s treatment directives with the job specifications, and helped the member draft a list of what was needed to ensure the documentation was complete and met the needs of the employer.
SLOCEA assisted a member who was in treatment for a medical condition and unable to work standby/call back shifts due to their recovery plan. Through this effort, the member was temporarily relieved from these night shifts, to ensure they had the necessary sleep and medical treatment needed to fully recover and regain their health.
Conclusion
The interactive process meeting is a critical component of ensuring ADA compliance. These meetings are not just procedural necessities but essential opportunities to advocate for workers' rights and foster inclusive workplaces. By actively participating in and supporting the interactive process, SLOCEA plays a crucial role in upholding the principles of fairness and equality, ensuring that every employee can thrive, regardless of their disabilities. SLOCEA is committed to partnering with our members seeking ADA accommodations, striving to create workplaces where diversity is not only acknowledged but celebrated.
Resources
Emily Landis, Executive Director