Why is the interactive process so important?

Avoiding misconceptions about disabilities and medical conditions in the workplace.

We all understand the body is complex. We like to think we have it figured out, but truthfully, we don’t and we’re still learning. Symptoms from a medical condition that presents in one person may not present the same in another. Yet, when someone learns about your condition, they can’t help but think about that aunt or friend who has the same thing and presumes your body and your mind handles it the same way.

When this occurs in the workplace, it can lead to a disastrous work environment, and possible termination.

When you need an accommodation at work for a medical condition, many employers, like many people, learn what your medical condition is and slap their own preconceived ideas on how that condition presents in you.

They make assumptions about your limitations and your ability to perform the job. Instead of finding out from you exactly what your limitations are, they take their preconceived notions and apply it to you.

This inevitably leads to misconceptions, stigmas, and frustration.

Imagine you have a migraine condition, and for you, they sometimes present very early in the morning and you get blurry vision because it’s so bad. You can’t get to your phone or computer to notify work you’ll be late, or need a partial or full day off, and you might need to work from home because while you were able to temper the migraine for a few hours to get some work done, it may come back later and you’ll be stuck at work because you can’t drive when you can’t see. You ask your employer for some flexibility in their work policies, to be able to provide notice after your start time you’ll be late, to take a partial day off, to work from home. All are denied. The only option is to start getting written up for tardies or take an entire day off of work. You’re not allowed to work, you’re not allowed to get your job done when you’re ready, willing and able. Now you’re having to make up work on the weekends or work later other days. And you’re missing out on being able to take days off to spend time with family or go on vacation.

Your employer is getting frustrated and annoyed by you calling in late past your start time, because you keep requesting to work from home, because you are working from home because that’s the only way you can keep up with the job.

Then imagine that you finally push back, you finally say, look, why aren’t you accommodating my disability? Next day, you’re terminated.

None of this is okay. This should have never happened.

How did this go so wrong? The employer did not understand its obligations under the law, did not understand this employee’s medical condition and needs, and became frustrated with the employees requests and violations of its policies.

Because misconceptions and inevitable frustrations arise when folks present to work with a medical condition and need accommodation, there is a specific law in place to prevent this from happening.

It’s called the interactive process.

Employers are required to engage in an interactive dialogue with its employees to determine what their limitations are so they can provide effective and reasonable accommodations.

A meaningful dialogue is required so that misconceptions and stigma are taken out of the equation. The employer should be asking questions about what exactly you need to get the work done and keep your health.

You may find that your employer doesn’t seem to be engaging in this discussion. Unfortunately, this happens more than you think. Don’t be afraid to educate your employer on the law because it could mean the difference between having to choose between keeping your job or your health.

Open communication and collaboration is really key during this time. Misconceptions, stigma and frustration build when there is no meaningful dialogue.

Make sure your employer is not acting on misconceptions, so you don’t have to miss a beat at work.

Learn more about the accommodations here.

DISCLAIMER: this information is general in nature and does not constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed.