Each individual involved in the interactive process plays an important role in its success. The ADA requires the employee and the employer to act in good faith throughout the interactive process. The accessibility specialist also assists the employer and employee by guiding both parties through the process and fulfilling certain functions.
Good faith is defined as engaging in a sincere and reasonable effort to find an appropriate accommodation for a qualified individual with a disability. For more information on good faith visit the FAQ below.
Individual Responsibilities
Employee
Submit medical documentation to the Disability Equity Office as requested.
Identify potential workplace accommodation options, including preferred and alternative accommodations.
Explain how the identified potential accommodations will assist the employee in removing barriers to the workplace.
Be open to exploring different accommodation options.
Engage in a good-faith effort throughout the interactive process.
Re-engage in the interactive process by contacting the Disability Equity Office if the employee needs additional or different accommodations.
Accessibility Specialist
Securely store employees’ medical documentation.
Maintain confidentiality of medical documentation.
Research and identify potential accommodation options based on their specialized knowledge and expertise.
Offer advice and support to the employee, the HR representative, and supervisor or unit representative regarding reasonable workplace accommodations and the employer’s responsibilities under the ADA and relevant federal and state laws.
Assist the unit in determining the reasonableness of an accommodation.
Document the outcome of the interactive process and provide a final accommodation document outlining the reasonable accommodations agreed to by the employee and unit.
Employer
Recognize an employee’s request for disability-related workplace accommodations and make the appropriate referrals to the Disability Equity Office or the unit HR representative.
Maintain confidentiality about the employee’s requested accommodations and their disability status, and securely store any accommodation documentation separately from their personnel file.
Consider the employee’s preferred accommodation.
Implement an effective and reasonable accommodation that meets the needs of both the unit and the employee in a timely manner.
Be open to exploring different accommodation options.
Engage in a good-faith effort throughout the interactive process.
Re-engage in the interactive process by reaching out to the Disability Equity Office if there are concerns regarding the effectiveness of accommodations or a need to modify previously agreed-upon accommodations.
FAQ
How is “good faith” defined?
Good faith – Good faith is defined as engaging in a sincere and reasonable effort to find an appropriate accommodation for a qualified individual with a disability. This involves an interactive process where employers and employees collaborate to identify and implement accommodations that enable the employee to perform the essential functions of their job. Examples of good faith include an employer responding promptly to an employee’s request, and an employee exploring and trialing alternative accommodations that may not be their preferred accommodation.