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TLDR; the interactive process is a crucial step in complying with the ADA's reasonable accommodation requirements. Employers have a legal obligation to initiate the interactive process when they become aware of an employee's need for an accommodation due to a disability.
As a business owner or an employer, it is important to understand the concept of the interactive process under the Americans with Disabilities Act (ADA). The ADA is a federal law that prohibits discrimination against individuals with disabilities in employment, housing, transportation, and other areas. This part of the law that prohibits discrimination in employment is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), as well as state and local civil rights enforcement agencies that work with the EEOC.
The ADA interactive process is a crucial step in ensuring that employers comply with the ADA's reasonable accommodation requirements. In this article, we will discuss the interactive process under the ADA and provide guidance on how to navigate it effectively.
The interactive process is a collaborative dialogue between an employer and an employee with a disability, related to either their physical or mental health. The purpose of the interactive process is to determine whether an effective reasonable accommodation can be made that will enable the employee to perform the essential functions of their job. The process involves a back-and-forth exchange of information between the employer and the employee to identify potential accommodations that may enable the employee to perform their job.
The interactive process is an essential part of the reasonable accommodation process under the ADA. By engaging in good faith in the interactive process, employers can identify potential accommodations that may enable the employee to perform their job, which can ultimately result in better job performance, retention, and morale. Additionally, the interactive process helps employers to comply with employment law requirements, such as the ADA, and avoid potential legal liabilities.
Employers have a legal obligation to initiate the interactive process when they become aware of an employee's need for an accommodation due to a disability. This obligation arises when the employee makes a request for reasonable accommodation, or when the employer becomes aware of the need for an accommodation through other means, such as through observation or medical documentation.
An employee is not required to use certain wording such as “reasonable accommodation” or mention the ADA to make a request. They may mention they are having difficulty with certain work or that they need an adjustment or change due to a medical condition. Once the employer is aware, it is their obligation to engage in the interactive process by asking if the employee needs an accommodation.
During the interactive process, employers must engage in a good-faith dialogue with the employee to identify possible accommodations. This dialogue should be interactive, meaning that both parties should be actively involved in the process. Employers should ask the employee about the nature of their disability and how it affects their ability to perform their job, and the employee should provide information about their limitations and needs. This is an opportunity for the employer and employee to brainstorm accommodation options that will allow the employee to remain in their job and continue being productive, and for the employer to retain an experienced and valuable employee.
Human resources (HR) plays an important role in the interactive process under the ADA. HR professionals are typically responsible for ensuring that the interactive process is initiated promptly, that all necessary parties are involved, and that accommodations are provided as required by law. HR professionals may also provide guidance to managers and supervisors on how to conduct the interactive process effectively and how to identify potential accommodations that may enable the employee to perform their job. Additionally, HR may be involved in documenting the interactive process, accommodation options that were considered and any accommodations provided to ensure compliance with the ADA's requirements.
Employers must provide reasonable accommodations to employees with disabilities unless doing so would create an undue hardship for the employer. A reasonable accommodation is any change in the workplace or in the way things are usually done that would enable an employee with a disability to perform the essential functions of the job.
Some common reasonable accommodations may include:
Read More: EEOC on Responsibilities as an Employer
Employees with disabilities have a responsibility to request reasonable accommodations when they need them. A request for an accommodation should be made as soon as possible, and the employee should provide the employer with enough information about their disability and the limitations it imposes on their ability to perform their job. It is best to make this request in writing or electronically, so a record of the notification is made.
Employees should also be specific about the accommodations they are requesting, when possible, and how they believe those accommodations will enable them to perform their job. If an employee isn’t sure of what accommodations to consider, a resources that may be helpful is the Job Accommodation Network, which lists many suggested accommodations by medical condition and limitation.
Many employees are not comfortable disclosing their medical condition or disability to their direct manager or supervisor. You may choose to speak with your Human Resources representative who should be able to explain your employer’s process and guide you through it.
Many employer’s will have a specific documented process, which can be verified by checking your employer’s handbook or polices. Human Resources should be a guide to advise you on the details and where to find any documented processes.
In the event an employer doesn’t yet have a process or standard form they use, Disclo has created a guide for employers and a form template that employees can use to submit their request. See the following article for guideance and a link to the request template: Interactive Accommodations Request Form
Employees may be required to provide medical information to support their request for an accommodation. This information should be limited to the disability and the limitations it imposes on the employee's ability to perform their job. Employees should not be required to provide unnecessary or irrelevant medical information, such as their full medical history or lab test results.
To assist with the right information being provided, an employee should make their medical provider aware of their specific job duties and the limitations they are experiencing in the workplace due to the impairments of their medical condition. Employees can print their job description and discuss appropriate reasonable accommodations that may assist them in performing the essential functions of the job.
Any employee information regarding their disability, medical condition, documentation received from healthcare providers and their request for accommodation is required by law to be kept private and separate from their employment records. This information should be limited to only those who need to be aware in order to facilitate the interactive process.
To ensure that the interactive process is conducted effectively, employers should follow these best practices:
Employers should begin the interactive process promptly after they become aware of an employee's need for an accommodation. Employees should also be updated regularly throughout the process so they know what to expect and when. When available, employees should be given documentation that covers the employer’s process.
Delays in initiating the process may result in legal liabilities for the employer.
Employers should keep all information related to an employee's disability confidential, as required by the ADA. This includes information obtained during the interactive process and any medical documentation provided by the employee. This sensitive information is required to be kept separate from the employee’s employment records.
Employers should remain flexible throughout the interactive process to ensure that they identify all potential accommodations that may enable the employee to perform their job. Employers should also be willing to consider alternative accommodations if the initially proposed accommodation is not feasible.
A resources that may be helpful is the Job Accommodation Network, which lists many suggested accommodations by medical condition and limitation.
Employers should document all aspects of the interactive process, including the employee's request for an accommodation, the interactive dialogue, and any accommodations provided. This documentation can be used as evidence of compliance with the ADA's requirements and can help employers defend against legal claims.
Once an accommodation is provided and implemented, the employer should follow-up with the employee periodically to ensure the accommodation continues to be effective for the employee.
As discussed above, it is imperative that employers follow a consistent and compliant process when managing reasonable accommodation requests cases.
Employers should consider using a digital case management product, like Disclo. Disclo allows employees to make their disability disclosure and submit a request for reasonable accommodation, following a simple, step-by-step, guided process that’s intuitive and easy to follow. Employer case managers can view accommodation requests, review details, follow a structured interactive process and make decisions.
In summary, the interactive process is a crucial step in complying with the ADA's reasonable accommodation requirements. Employers have a legal obligation to initiate the interactive process when they become aware of an employee's need for an accommodation due to a disability. The process involves a collaborative dialogue and brainstorming between the employer and the employee to identify possible accommodations that will enable the employee to perform the essential functions of their job.
By following best practices for conducting the interactive process, and making good faith efforts, employers can ensure compliance with the ADA's requirements and avoid potential legal liabilities. When an employer is not sure of their options and requirement under the law, it is recommended they seek legal advice to ensure they remain complaint and that they are considering the best options for their employee.
Yes, an employer may refuse to provide an accommodation if it would create an undue hardship. However, the employer must engage in the interactive process to determine whether there are alternative possible accommodations that would not create an undue hardship.
Yes, an employer may require an employee to provide medical documentation to support their request for an accommodation. However, the employer must keep all medical information confidential and use it only for the purpose of determining whether a reasonable accommodation can be made.
According to a multi-year survey of employers across many industries, conducted by the Job Accommodation Network:“...a high percentage (56%) of the cost of the accommodation is absolutely nothing to implement ($0), while the rest of the accommodations made had a typical cost of only $500.”
If an employer fails to engage in the interactive process, they may be liable for violating the ADA's requirements. The employee may file a complaint with the Equal Employment Opportunity Commission (EEOC) or file a lawsuit against the employer.
No, employers are not required to provide the employee's requested accommodation. However, employers must provide a reasonable accommodation unless doing so would create an undue hardship.
In some cases, an employee’s limitations may not allow them to complete the essential functions of the job, even after all reasonable accommodations have been considered. If this is the case, they may be disqualified for the position they currently hold. In this situation, an employer is required under the ADA to provide the accommodation of reassignment. Reassignment is often referred to as "the accommodation of last resort.”
In the reassignment process, the employer and employee should work together to identify open roles within the company where the employee meets the minimum qualifications for the role, taking into consideration reasonable accommodations that can be provided. If an employee meets the minimum qualifications, with or without accommodations, the employee should be reassigned/ placed into the role and is not required to competitively interview for the position.
Note: An employer is not required to create a position or to bump another employee in order to create a vacancy. Nor are they required to promote an employee with a disability to a higher level position.
No, an employer cannot terminate a disabled employee who requests an accommodation due to a disability. Termination based on a request for an accommodation would be considered discriminatory and a violation of the ADA's requirements.
6. What does an effective accommodation look like?
An effective accommodation is one that enables an employee with a disability to perform the essential functions of their job. Effective accommodations can take many forms, depending on the employee's disability and job requirements. Some examples of effective accommodations may include modifying work hours, providing assistive technology, adjusting job duties or tasks, providing a flexible work schedule, or modifying the work environment.
An effective accommodation is one that is tailored to the employee's needs, is reasonable, and does not create an undue hardship for the employer. Employers should work with the employee during the interactive process to identify potential accommodations and to determine which accommodations are most effective for the employee's situation.
7. What other resources are available to learn more about the interactive process?
Disclo has prepared many helpful articles and resources for employers and employees to reference. A few that may be of interest:
As a business owner or an employer, it is important to understand the concept of the interactive process under the Americans with Disabilities Act (ADA). The ADA is a federal law that prohibits discrimination against individuals with disabilities in employment, housing, transportation, and other areas. This part of the law that prohibits discrimination in employment is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), as well as state and local civil rights enforcement agencies that work with the EEOC.
The ADA interactive process is a crucial step in ensuring that employers comply with the ADA's reasonable accommodation requirements. In this article, we will discuss the interactive process under the ADA and provide guidance on how to navigate it effectively.
The interactive process is a collaborative dialogue between an employer and an employee with a disability, related to either their physical or mental health. The purpose of the interactive process is to determine whether an effective reasonable accommodation can be made that will enable the employee to perform the essential functions of their job. The process involves a back-and-forth exchange of information between the employer and the employee to identify potential accommodations that may enable the employee to perform their job.
The interactive process is an essential part of the reasonable accommodation process under the ADA. By engaging in good faith in the interactive process, employers can identify potential accommodations that may enable the employee to perform their job, which can ultimately result in better job performance, retention, and morale. Additionally, the interactive process helps employers to comply with employment law requirements, such as the ADA, and avoid potential legal liabilities.
Employers have a legal obligation to initiate the interactive process when they become aware of an employee's need for an accommodation due to a disability. This obligation arises when the employee makes a request for reasonable accommodation, or when the employer becomes aware of the need for an accommodation through other means, such as through observation or medical documentation.
An employee is not required to use certain wording such as “reasonable accommodation” or mention the ADA to make a request. They may mention they are having difficulty with certain work or that they need an adjustment or change due to a medical condition. Once the employer is aware, it is their obligation to engage in the interactive process by asking if the employee needs an accommodation.
During the interactive process, employers must engage in a good-faith dialogue with the employee to identify possible accommodations. This dialogue should be interactive, meaning that both parties should be actively involved in the process. Employers should ask the employee about the nature of their disability and how it affects their ability to perform their job, and the employee should provide information about their limitations and needs. This is an opportunity for the employer and employee to brainstorm accommodation options that will allow the employee to remain in their job and continue being productive, and for the employer to retain an experienced and valuable employee.
Human resources (HR) plays an important role in the interactive process under the ADA. HR professionals are typically responsible for ensuring that the interactive process is initiated promptly, that all necessary parties are involved, and that accommodations are provided as required by law. HR professionals may also provide guidance to managers and supervisors on how to conduct the interactive process effectively and how to identify potential accommodations that may enable the employee to perform their job. Additionally, HR may be involved in documenting the interactive process, accommodation options that were considered and any accommodations provided to ensure compliance with the ADA's requirements.
Employers must provide reasonable accommodations to employees with disabilities unless doing so would create an undue hardship for the employer. A reasonable accommodation is any change in the workplace or in the way things are usually done that would enable an employee with a disability to perform the essential functions of the job.
Some common reasonable accommodations may include:
Read More: EEOC on Responsibilities as an Employer
Employees with disabilities have a responsibility to request reasonable accommodations when they need them. A request for an accommodation should be made as soon as possible, and the employee should provide the employer with enough information about their disability and the limitations it imposes on their ability to perform their job. It is best to make this request in writing or electronically, so a record of the notification is made.
Employees should also be specific about the accommodations they are requesting, when possible, and how they believe those accommodations will enable them to perform their job. If an employee isn’t sure of what accommodations to consider, a resources that may be helpful is the Job Accommodation Network, which lists many suggested accommodations by medical condition and limitation.
Many employees are not comfortable disclosing their medical condition or disability to their direct manager or supervisor. You may choose to speak with your Human Resources representative who should be able to explain your employer’s process and guide you through it.
Many employers will have a specific documented process, which can be verified by checking your employer’s handbook or policies. Human Resources should be a guide to advise you on the details and where to find any documented processes.
In the event an employer doesn’t yet have a process or standard form they use, Disclo has created a guide for employers and a form template that employees can use to submit their request. See the following article for guidance and a link to the request template: Interactive Accommodations Request Form
Employees may be required to provide medical information to support their request for an accommodation. This information should be limited to the disability and the limitations it imposes on the employee's ability to perform their job. Employees should not be required to provide unnecessary or irrelevant medical information, such as their full medical history or lab test results.
To assist with the right information being provided, an employee should make their medical provider aware of their specific job duties and the limitations they are experiencing in the workplace due to the impairments of their medical condition. Employees can print their job description and discuss appropriate reasonable accommodations that may assist them in performing the essential functions of the job.
Any employee information regarding their disability, medical condition, documentation received from healthcare providers and their request for accommodation is required by law to be kept private and separate from their employment records. This information should be limited to only those who need to be aware in order to facilitate the interactive process.
To ensure that the interactive process is conducted effectively, employers should follow these best practices:
Employers should begin the interactive process promptly after they become aware of an employee's need for an accommodation. Employees should also be updated regularly throughout the process so they know what to expect and when. When available, employees should be given documentation that covers the employer’s process.
Delays in initiating the process may result in legal liabilities for the employer.
Employers should keep all information related to an employee's disability confidential, as required by the ADA. This includes information obtained during the interactive process and any medical documentation provided by the employee. This sensitive information is required to be kept separate from the employee’s employment records.
Employers should remain flexible throughout the interactive process to ensure that they identify all potential accommodations that may enable the employee to perform their job. Employers should also be willing to consider alternative accommodations if the initially proposed accommodation is not feasible.
A resource that may be helpful is the Job Accommodation Network, which lists many suggested accommodations by medical condition and limitation.
Employers should document all aspects of the interactive process, including the employee's request for an accommodation, the interactive dialogue, and any accommodations provided. This documentation can be used as evidence of compliance with the ADA's requirements and can help employers defend against legal claims.
Once an accommodation is provided and implemented, the employer should follow-up with the employee periodically to ensure the accommodation continues to be effective for the employee.
As discussed above, it is imperative that employers follow a consistent and compliant process when managing reasonable accommodation requests cases.
Employers should consider using a digital case management product, like Disclo. Disclo allows employees to make their disability disclosure and submit a request for reasonable accommodation, following a simple, step-by-step, guided process that’s intuitive and easy to follow. Employer case managers can view accommodation requests, review details, follow a structured interactive process and make decisions.
In summary, the interactive process is a crucial step in complying with the ADA's reasonable accommodation requirements. Employers have a legal obligation to initiate the interactive process when they become aware of an employee's need for an accommodation due to a disability. The process involves a collaborative dialogue and brainstorming between the employer and the employee to identify possible accommodations that will enable the employee to perform the essential functions of their job.
By following best practices for conducting the interactive process, and making good faith efforts, employers can ensure compliance with the ADA's requirements and avoid potential legal liabilities. When an employer is not sure of their options and requirements under the law, it is recommended they seek legal advice to ensure they remain compliant and that they are considering the best options for their employee.
Yes, an employer may refuse to provide an accommodation if it would create an undue hardship. However, the employer must engage in the interactive process to determine whether there are alternative possible accommodations that would not create an undue hardship.
Yes, an employer may require an employee to provide medical documentation to support their request for an accommodation. However, the employer must keep all medical information confidential and use it only for the purpose of determining whether a reasonable accommodation can be made.
According to a multi-year survey of employers across many industries, conducted by the Job Accommodation Network:“...a high percentage (56%) of the cost of the accommodation is absolutely nothing to implement ($0), while the rest of the accommodations made had a typical cost of only $500.”
If an employer fails to engage in the interactive process, they may be liable for violating the ADA's requirements. The employee may file a complaint with the Equal Employment Opportunity Commission (EEOC) or file a lawsuit against the employer.
No, employers are not required to provide the employee's requested accommodation. However, employers must provide a reasonable accommodation unless doing so would create an undue hardship.
In some cases, an employee’s limitations may not allow them to complete the essential functions of the job, even after all reasonable accommodations have been considered. If this is the case, they may be disqualified for the position they currently hold. In this situation, an employer is required under the ADA to provide the accommodation of reassignment. Reassignment is often referred to as "the accommodation of last resort.”
In the reassignment process, the employer and employee should work together to identify open roles within the company where the employee meets the minimum qualifications for the role, taking into consideration reasonable accommodations that can be provided. If an employee meets the minimum qualifications, with or without accommodations, the employee should be reassigned/ placed into the role and is not required to competitively interview for the position.
Note: An employer is not required to create a position or to bump another employee in order to create a vacancy. Nor are they required to promote an employee with a disability to a higher level position.
No, an employer cannot terminate a disabled employee who requests an accommodation due to a disability. Termination based on a request for an accommodation would be considered discriminatory and a violation of the ADA's requirements.
6. What does an effective accommodation look like?
An effective accommodation is one that enables an employee with a disability to perform the essential functions of their job. Effective accommodations can take many forms, depending on the employee's disability and job requirements. Some examples of effective accommodations may include modifying work hours, providing assistive technology, adjusting job duties or tasks, providing a flexible work schedule, or modifying the work environment.
An effective accommodation is one that is tailored to the employee's needs, is reasonable, and does not create an undue hardship for the employer. Employers should work with the employee during the interactive process to identify potential accommodations and to determine which accommodations are most effective for the employee's situation.
7. What other resources are available to learn more about the interactive process?
Disclo has prepared many helpful articles and resources for employers and employees to reference. A few that may be of interest:
To stay updated on evolving regulations and topics of interest, subscribe to Disclo’s weekly newsletter, Full Disclosure, on LinkedIn or via email.
