Navigating the ADA Interactive Process

The Americans with Disabilities Act requires employers with 15 or more employees to provide reasonable accommodations to qualified individuals with disabilities unless doing so would cause undue hardship. The interactive process is the collaborative dialogue between employer and employee that determines appropriate accommodations. Failing to engage in this process in good faith is itself a violation of the ADA.

Recognizing an Accommodation Request

An accommodation request does not need to use specific language. Any communication indicating that an employee needs a change at work due to a medical condition can trigger the interactive process. Examples include:

• "My medication makes it hard for me to get here by 8 a.m."
• "I need a different chair because of my back problems"
• "My doctor says I can't lift more than 20 pounds right now"
• A family member or healthcare provider communicating on the employee's behalf

Train managers to recognize these requests and forward them to HR immediately.

Starting the Interactive Process

Once a request is identified, initiate the interactive process promptly:

• Acknowledge the request and explain the process to the employee
• Ask the employee to describe the limitation and how it affects their ability to perform their job
• Request medical documentation if the disability or need for accommodation is not obvious
• Review the essential functions of the employee's position
• Identify potential accommodations through dialogue with the employee

The employee does not get to dictate the specific accommodation, but their input is an important part of the process.

Requesting Medical Documentation

Employers may request documentation to verify the disability and understand the functional limitations. However, you should:

• Limit your inquiry to information relevant to the accommodation request
• Ask about functional limitations, not diagnosis, unless diagnosis is necessary to evaluate the request
• Send a specific, focused questionnaire to the healthcare provider rather than requesting entire medical records
• Give the employee reasonable time to obtain documentation
• Keep all medical information confidential and stored separately from the personnel file

Identifying Reasonable Accommodations

Common reasonable accommodations include:

• Modified work schedules or flexible start times
• Telework or remote work arrangements
• Ergonomic equipment or assistive technology
• Reassignment to a vacant position if the employee cannot perform their current role
• Modified job duties (removing marginal functions)
• Additional breaks
• Reserved parking
• Leave of absence beyond what other policies provide

The accommodation must be effective in enabling the employee to perform the essential functions of their job. It does not need to be the best possible accommodation.

Documenting the Process

Thorough documentation protects both parties:

• Record every step of the interactive process including dates, participants, and what was discussed
• Document accommodations considered, including those that were rejected and why
• Keep copies of all medical documentation in a confidential medical file
• Confirm the agreed-upon accommodation in writing
• Schedule follow-up to assess whether the accommodation is effective

When You Can Deny an Accommodation

An employer may deny an accommodation if:

• The employee is not a qualified individual with a disability
• The accommodation would not enable the employee to perform essential functions
• The accommodation would cause undue hardship (significant difficulty or expense considering the employer's size, financial resources, and the nature of the business)
• The accommodation would pose a direct threat to safety that cannot be reduced through accommodation

Always document the analysis supporting a denial and explore alternative accommodations before concluding that none are available.