The Americans with Disabilities Act (“ADA”) and the Pennsylvania Human Relations Act (“PHRA“) say that employers have to accommodate the restrictions of an employee with a disability. The disabled employee and the employer must take part in an “interactive process” to identify and put into place reasonable accommodations that will allow the employee to work without placing an unreasonable burden on the employer.
What is the “interactive process”? Well, first it is “interactive.” That means that both sides must take part, make suggestions, provide information and .. . . interact. As the employee, you may not get the first accommodation that you suggest, or the perfect accommodation. Likewise, an employer cannot ignore an accommodation request, or simply extend a “take it or leave it” offer to the employee. Both sides have to work together to try to solve the problem.
Second, the “interactive process” is a process. It is not a single set of emails or a single conversation. If an accommodation is not easily found and put into place, there should be an exchange of ideas and information. If an employer simply says “I can’t accommodate you – go home” it has probably violated the ADA and PHRA. Likewise, if you refuse to provide your employer with enough information about your needs, you have probably abandoned the interactive process, and lost your rights.
So, what should you do? Here are some tips:
1. Try to get your medical provider involved as much as possible. Some medical providers seem to think that an employer must do as they say, without question, That’s not true. A scribble on a prescription pad may not give the employer enough information. The more information your doctor can provide about you condition, your limitations and your needs, the better your employer can work with you toward finding a solution that works – and if the employer refuses to work with you, the stronger your case.
2. Write things down. Take and keep notes of your conversations with the employer, and keep them outside of work. Use email, Keep copies of forms if possible. If your employer breaks the law, it is your job to prove what happened.
3. Be as flexible and creative as possible. Be willing to try something that the employer suggests, as long as doing so does not put you or others at risk. Don’t hesitate to make suggestions that you think might help, even if you think the employer will say “no.”
4. Be an active participant in the process. Don’t stop talking with your employer, even if you know that your employer is not interested in helping you. Remember – you have to prove what happened, including your own participation in the process. Don’t give the employer a way to say that you didn’t try.
5. Be familiar with your employer’s policies, and follow them as closely as you can. That means going to the right people, using the right forms, etc.
6. Don’t be afraid to share information with your employer. I have talked to people who were fired for taking time from work for medical needs – time that would have been protected by the law – except that the employee never told their employer about their medical condition in the first place because they were afraid the employer would fire them. The employee actually helped the employee break the law and get away with it, Please don’t do that.
If you have questions about this or any other employment law issue, contact my office at 570-824-3088.