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Under the Fair Employment and Housing Act and the Americans with Disabilities Act, a manager or supervisor of an employee with a qualified disability has the following legal responsibilities:
The collaboration of the employee’s manager or supervisor in the interactive process is critical to ARC and the Employee Leaves and Workers’ Compensation Unit.
Note: It is the responsibility of the employee to request employment accommodations through ARC, or through the employee’s supervisor. Managers or 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 one 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 the employee does not need an accommodation, the employer has fulfilled its duty to participate in the interactive process. – Thompson’s ADA Compliance Guide, July 2008.
For more information, please contact the ADA Coordinator at the Accessibility Resource Center in SSC 170, or by calling extension 5959, or refer to the ADA and Reasonable Accommodation Handbook(opens in new window).
ADA Information for Managers and Supervisors(opens in new window)