NEWS & RESOURCES

 

Who is Covered by the ADA?

The ADA’s Title I covers employers with 15 or more employees (in most cases) and protects qualified individuals with disabilities who can perform the essential functions of their jobs with or without reasonable accommodation.

The ADA defines “disability” as a physical or mental impairment that substantially limits one or more major life activities (such as walking, seeing, hearing, learning, or working) or a record of impairment or being regarded as having such impairment. The definition is interpreted broadly under the ADA Amendments Act (ADAAA).

Examples of impairment include:

1. An employee previously treated for cancer who is now in remission but is regarded as having had a disability.
2. An employee with a diagnosed but controlled mental-health condition (e.g., depression or anxiety) whose condition substantially limits a major life activity.
3. An employee who is “regarded as” having a disability (for example, a supervisor assumes a condition exists even if no limiting impairment is present)

 

What is the ADA Interactive Process?

Under the ADA, when an employee or applicant with a disability needs a reasonable accommodation, the employer must engage in the interactive process: a flexible, fact-specific dialogue with the employee to identify limitations, possible accommodations, and implement an effective solution.
 

How Does the ADA Interactive Process Work?

The ADA interactive process typically begins when an employer is made aware that an employee needs an accommodation.

Important to Note: A request for accommodation does not need to be formally made by the employee, and the employee does not need to use precise terminology, such as “ADA” or “reasonable accommodation” for the interactive process to be initiated.

A typical interactive process would look like:

• The employee (or someone on their behalf) requests or signals the need for an accommodation (verbal or written). The request need only convey that due to an impairment an adjustment may be needed.
• Supervisor or HR acknowledges the request and initiates the interactive process, asking the employee to describe the limitation(s), how the job is impacted, possible accommodations they believe might help, and whether medical or other documentation is needed.
• Employer and employee explore viable accommodations (e.g., assistive technology, flexible schedule, remote work, job restructuring, modified duties, reassignment, leave as accommodation)
• Employer assesses whether an accommodation is reasonable (i.e., does not impose undue hardship) and implements one that is effective.
• After implementation, the employer checks in with the employee to verify the accommodation is working. If not, the interactive process must continue to find alternative solutions.
• Documentation of each step (requests, dialogues, decisions, follow-up) is maintained.

 

What are the Key Steps in the Interactive Process?

The interactive process can look different in different situations, but the key steps generally include:

1. Request received: the employee signals need for an accommodation; employer acknowledges.
2. Initiate dialogue: the employer asks relevant clarifying questions: what limitation, how it affects job performance, what job functions are essential, what accommodations the employee suggests.
3. Explore, evaluate, decide: the employer considers accommodation options, cost, feasibility, effectiveness, undue hardship, and decides on an accommodation (or denial, with explanation).
4. Implement accommodation: the employer puts the accommodation in place in a timely manner, trains as needed.
5. Monitor and adjust: the employer and employee review the accomodation’s effect, adjust or revisit the interactive process if job or condition changes.
6. Document: the employer keeps records of each step: the request, dialogues, medical/other documentation, decisions, outcomes, follow-up.

 

Can Employers Deny a Request for a Reasonable Accommodation?

Yes, an employer may lawfully deny a requested accommodation if they can prove that it would cause undue hardship (significant difficulty or expense in light of the employer’s size, resources, and the operation of the business).

However, the bar is high: general inconvenience or cost is not enough. The employer must show that the accommodation would fundamentally alter the nature of the business, or impose significant difficulty, expense, or disruption.

While denial remains permissible, it must be well-documented and articulated. Employers should also demonstrate having engaged in the interactive process meaningfully and with good faith before denying.

 

Best Practices for Navigating ADA Accommodations

Navigating workplace accommodations can be difficult for both employers and employees. Some common challenges include a lack of understanding of the interactive process, a lack of communication between the employer and employee, disagreements over what accommodations are reasonable and effective, and concerns over the cost and feasibility of accommodations.

To support both compliance and inclusive culture, following are best practices for employers (and employees):

• Train supervisors & HR: Ensure managers understand how to spot accommodation requests (even informal ones), know who the point-person is, and understand the interactive process steps and timeline.
• Update your ADA/accommodation policy: Your employee handbook and intranet should reflect current process: how to request accommodations, who handles them, timelines for response, how follow-up works.
• Centralize and streamline the process: Consider designating a single point of contact or small team for accommodation requests to ensure consistency and responsiveness.
• Act promptly and communicate transparently: Acknowledge receipt of a request quickly, set expectations for the dialogue and follow-up, and communicate clearly.
• Explore a broad array of accommodations: Especially with remote/hybrid work and new technologies, expand your thinking beyond the “traditional” adjustments. Ask: can remote/hybrid work, altered schedule, job-restructuring, new assistive technology, or reassignment work?
• Leverage outside expertise when appropriate: If the accommodation involves unfamiliar technology or job-modifications, engage vendor/manufacturer, vocational experts, or rehabilitation specialists.
• Document carefully: Record the request, the dialogue (dates, participants, accommodations discussed), the decision, implementation, and follow-up. Documentation helps demonstrate good-faith efforts.
• Monitor and review: After implementation, follow up with the employee: Is the accommodation working? Has the job changed? Has the disability or limitation changed? If yes, revisit the interactive process.
• Review policies and data regularly: Annually (or more frequently), review your accommodation workflow, track metrics (number of requests, time to respond, denials, and appeals), identify patterns, and update training and policy accordingly.
• Foster an inclusive culture: Encourage open communication about disability and accommodation needs, destigmatize accommodation requests, and make employees aware that they don’t need magic wording to make a request.

 

Final Thoughts

As workplaces continue to evolve, the interactive process under the ADA is more important than ever. Employers who proactively structure the process, train their teams, centrally manage requests, and document thoroughly will not only reduce legal risk, but also build more inclusive, high-performing workforces.

If you’re unsure how to navigate accommodation requests or want to review your policies and practices, reach out to our team to learn how we can help.