Referring an Employee to EARC

It is the responsibility of the employee to request employment accommodations through the EARC, or through his/her supervisor. 经理/supervisors, however, are also responsible for invoking the interactive process, as stated by the Equal Employment Opportunity Commission (EEOC): 

While the employee is generally responsible for requesting accommodations, an employer should ask whether 一个 is needed without being asked if it "(1) knows that the employee has a disability, (2) knows, or has reason to know, that the employee is experiencing workplace problems because of the disability, and (3) knows, or has reason to know, that the disability prevents the employee from requesting a reasonable accommodation." If the employee states that he does not need an accommodation, the employer has fulfilled its duty to participate in the interactive process. - Thompson's ADA Compliance Guide, 2008年7月

Additionally, as stated by the Job Accommodation Network (JAN), "If an employee with a known disability is not performing well or is having difficulty in performing a job, the employer should assess whether this is due to a disability. The employer may inquire at any time whether the employee needs an accommodation." 

经理 & Supervisor Guidance Packet for Referring Employees

经理s/supervisors receiving inquiries and/or requests from hired employees regarding employment accommodations due to a disability related issue must direct all employees 选委会.  In an effort to assist managers and supervisors in understanding their legal responsibilities related to employment disability and accommodation issues, the EARC created the 经理 & Supervisor Guidance Packet for Referring Employees Requesting Employment Accommodations 选委会 [pdf]. The packet includes:

  1. The EARC Referral Letter: A letter template for managers and supervisors to appropriately refer employees requesting employment accommodations 选委会.

  2. Guidelines for Usage of the EARC Referral Letter for 经理s & 主管: Practical guidelines to assist managers and supervisors in understanding if, when, and how to implement the EARC Referral Letter.

  3. Trigger to the Interactive Process: Interactions Between the Employee, 经理/Supervisor & the EARC flowchart: A comprehensive flowchart detailing the actions taken by the employee, manager/supervisor, and the EARC after an employee discloses a disability and/or requests an accommodation.

IMPORTANT: The 经理 & Supervisor Guidance Packet for Referring Employees Requesting Employment Accommodations 选委会 is meant as a general tool and should not substitute direct consultation with the EARC regarding complex disability related employee issues. 应该 you have questions while reviewing the guidance materials, please contact the EARC at 408-924-6003 or employee-accommodations@shopcadeau.net.