Navigating the Interactive Process for Workplace Accommodations

The Interactive Process Requirement

Under the Americans with Disabilities Act (ADA), employers with 15 or more employees must provide reasonable accommodations to qualified individuals with disabilities unless the accommodation would impose an undue hardship. The mechanism for determining the appropriate accommodation is the interactive process — a good-faith dialogue between the employer and the employee.

Courts and the EEOC have made clear that the interactive process is not optional. An employer that fails to engage in the interactive process and instead denies a request outright — or ignores it — risks liability even if no effective accommodation existed.

Recognizing a Request

Accommodation requests do not need to use specific language. An employee does not need to say "I am requesting a reasonable accommodation under the ADA." Any communication that indicates an employee needs a change at work because of a medical condition can trigger your obligation to engage in the interactive process.

Examples include:

• "My back has been bothering me and I can't sit for eight hours straight"
• "My medication makes it hard for me to concentrate in the open office"
• "I need time off for treatment"
• A note from a doctor stating the employee has limitations

Train supervisors to recognize these requests and route them to HR immediately.

Step-by-Step Process

Step 1: Acknowledge the Request

Respond promptly to the employee, acknowledging their request and explaining the interactive process. Do not delay — courts view delays as evidence of bad faith.

Step 2: Gather Information

You may request medical documentation from the employee's healthcare provider, but only to the extent needed to establish that the employee has a disability under the ADA and to understand the functional limitations that require accommodation. You are not entitled to the employee's complete medical records or a specific diagnosis unless the diagnosis directly affects the type of accommodation needed.

Ask the healthcare provider:

• What are the specific functional limitations related to the medical condition?
• How do these limitations affect the employee's ability to perform their job duties?
• What types of accommodations might enable the employee to perform the essential functions?
• Is the condition expected to be temporary or permanent?

Step 3: Identify the Essential Functions

Review the employee's job description and actual duties to identify the essential functions of the position. The interactive process focuses on finding accommodations that enable the employee to perform these essential functions. Non-essential functions may be reassigned as an accommodation.

Step 4: Explore Accommodation Options

This is the dialogue at the heart of the interactive process. Discuss potential accommodations with the employee. Consider:

• Modified work schedule: Adjusted start/end times, compressed workweek, or breaks
• Physical modifications: Ergonomic equipment, adjusted workstation, accessible parking
• Technology: Screen readers, speech-to-text software, amplified phones
• Job restructuring: Reassigning non-essential functions to other employees
• Reassignment: Transferring the employee to a vacant position they are qualified for (considered a last resort)
• Leave: Additional unpaid leave for treatment or recovery
• Remote work: Allowing the employee to work from home when the job permits

The employee's preference matters, but you are not required to provide the specific accommodation requested if an equally effective alternative exists.

Step 5: Select and Implement

Choose an accommodation that is effective — meaning it enables the employee to perform the essential functions — and implement it promptly. Document the accommodation agreed upon, the implementation date, and any follow-up schedule.

Step 6: Follow Up

Check in with the employee after the accommodation has been in place for a reasonable period. Is it working? Has the situation changed? The interactive process is ongoing, not a one-time event. If the employee's condition changes or the accommodation proves ineffective, re-engage in the process.

When You Can Say No

You may deny an accommodation request if:

• The accommodation would impose an undue hardship — significant difficulty or expense relative to your organization's size, resources, and operations
• The employee cannot perform the essential functions even with the accommodation
• The accommodation would require eliminating an essential function of the job
• The employee poses a direct threat to safety that cannot be eliminated through accommodation

Document your analysis thoroughly if you deny a request. Conclusory statements like "it would be too expensive" are insufficient — you must demonstrate the specific burden.

Documentation Is Everything

Maintain a written record of every step in the interactive process: the initial request, medical documentation received, accommodations discussed, the rationale for the accommodation selected, and any follow-up conversations. If the accommodation request is ever challenged, your documentation of a good-faith interactive process is your strongest defense.