The supervisor may request that the employee provide written documentation from a licensed medical practitioner, specifying the employee’s functional limitations as they pertain to the job, without providing diagnostic information.
The supervisor should consult with the employee to find out his or her specific physical or mental abilities and limitations as they relate to the essential job functions, and to discuss the employee’s preferences with regard to accommodations.
Upon learning that the employee may need an accommodation, the supervisor should review job functions and qualifications for the position held by the employee. Whenever a supervisor decides not to grant an employee's request for assistance (even when the assistance has not been identified as a request for accommodation of a disability), the best practice is to provide the employee with the campus policies/procedures pertinent to accommodation of employees with disabilities. If the employee requests a type of assistance the supervisor may simply provide it (without any reference to whether the request is disability-related), or the supervisor may ask if the assistance is being requested as an accommodation to a disability (and if the response is affirmative, proceed under campus procedures for accommodating employees with disabilities). However, in keeping with the spirit of the interactive process, an employee who is struggling to adequately perform should be asked if there is any type of assistance that might enable the employee to better perform his/her job functions and, along with other material describing employee support resources, the employee should be given information about campus policies/procedures applicable to employees with disabilities. When the disability or the need for accommodation is obvious, the supervisor should inquire whether the employee has a need for assistance.Īn employee should not be asked whether s/he has a disability or any other question about his/her medical condition. A request for assistance or indication by the employee that some corrective measure may need to be taken can be made verbally and casually, as well as formally. The employee does not have to formally notify the supervisor or department in writing. However, unless the disability or the need for accommodation is obvious, it is the responsibility of the employee to inform the supervisor that an accommodation is needed in order to perform the essential job functions, or to receive equal benefits and privileges of employment. The Interactive Process can begin in a number of ways. The law requires that employees and employers engage in the Interactive Process. The Interactive Process is the way in which employees, supervisors, and their departments arrive at a reasonable accommodation. Using the Interactive Process to Reach a Reasonable Accommodation Accommodation options will be considered in discussions with the employee. The campus will explore reasonable accommodation options when an employee requests accommodation, or there is evidence that an employee may need accommodation due to a covered disability. This includes efforts at reasonable accommodation that will allow the employee to perform the essential assigned duties of her/his position. When an employee becomes unable to perform the essential, assigned duties of the currently-held position as a result of a covered disability, the Berkeley campus is committed to providing services to assist the employee.
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