Common use of Interactive Process Clause in Contracts

Interactive Process. 1. At the time of making an initial request, employees may, but are not required to, identify a specific accommodation. 2. Employees and management are expected to engage in ongoing, cooperative communications (a flexible interactive process) regarding the request and in identifying and implementing effective reasonable accommodation(s). This is especially important when the specific limitation, problem, or workplace barrier is unclear. An employee may ask for and/or the Agency may offer an interim reasonable accommodation during the interactive process. 3. The employee requesting the reasonable accommodation may have a Union representative participate in interactive process meetings (i.e., meetings between the LORAC/NRAC, decisionmaker, and the employee). The agency may have the NRAC/LORAC, decisionmaker, and LER in interactive process meetings. If the Agency determines a subject matter expert is a necessary participant in the interactive process, the Agency will provide the rationale for a Subject Matter Expert (SME) to the employee and their representative (if there is one) in advance of the meeting. All attendees, including SMEs are expected to treat the interactive process in accordance with controlling confidentiality law and regulation. 4. Consistent with the law, it may be appropriate for the Agency to revisit accommodations or request updated medical information to support an employee’s reasonable accommodation.