Highlights
- The Americans with Disabilities Act (ADA) requires employers to engage in a collaborative dialogue (the “interactive process”) with employees who request reasonable accommodations for disabilities.
- This process involves discussing the employee’s workplace challenges and exploring potential accommodation.
- Quality Business Solutions helps business owners navigate HR compliance and provides expert support from hiring to separation. Contact us to simplify HR for your business.
The Americans with Disabilities Act (ADA) requests employers to provide reasonable accommodation to employees with disabilities. A request for accommodation often triggers one extra step: the ADA interactive process. But what exactly is the interactive process, and how can you navigate it effectively?
This guide breaks it down for you, offering you a clear roadmap to understanding your responsibilities as an employer, engaging in meaningful dialogue, and building a more inclusive workplace.
What Is the ADA Interactive Process?
The Equal Employment Opportunity Commission (EEOC) describes it as a process where the employee and the employer “communicate with each other about the request, the precise nature of the problem that is generating the request, how a disability is prompting a need for an accommodation, and alternative accommodations that may be effective in meeting an individual’s needs.”
In other words, the ADA interactive process is a dialogue between the employer and the employee, where they share information related to the accommodation request, the specific challenges posed by the disability, and potential solutions. It’s a collaborative process.
This conversation isn’t just a formality; From an HR compliance standpoint, it demonstrates your good-faith effort as an employer to understand the employee’s situation and find appropriate accommodations. This documented effort can serve as evidence in the event of a legal dispute, bolstering your defense.
What Triggers an Interactive Process Under the ADA?
Under the ADA regulations, any indication that an employee may need reasonable accommodation due to a disability should trigger the interactive process.
This could happen in many ways, including:
- A direct request from an employee. An employee, either verbally or in writing, communicates to their employer that they are experiencing workplace difficulties due to a medical condition and require reasonable accommodation. Employees don’t need to use any legal terms like “ADA” or “reasonable accommodation” —any communication that conveys this need is sufficient.
- An obvious disability. Sometimes, an employee’s disability and the need for accommodation are obvious, even without a specific request. For example, an employee who uses a wheelchair may need accommodations related to accessibility. In such cases, the employer should proactively initiate the interactive process.
- Third-party notification. In some cases, a third party, such as a doctor or family member, might notify the employer of an employee’s need for accommodation. While the employer should still confirm the information with the employee, this notification can trigger the interactive process.
- Notice of a medical condition. As an employer, you may become aware of an employee’s medical condition through various means, such as medical leave requests, workers’ compensation claims, or observed workplace symptoms or performance difficulties. This awareness may prompt you to initiate an interactive process to determine the need for reasonable accommodation, even without a formal request from the employee. However, you should always avoid making assumptions about the employee’s condition and engage in a collaborative dialogue.
How to Conduct the ADA Interactive Process
For employers, the ADA interactive process entails some specific steps. When you go through the interactive process with an employee, we recommend you do each of the following:
- Analyze the specific job position involved to determine its essential job functions. These are the tasks of the job that must be done by whoever holds the position. A chef must be able to cook. An editor must be able to proofread, correct, and revise text. The essential job functions are used to determine whether accommodation can be made. If an employee cannot do one or more of the essential job functions, even with accommodation, then the employer is not required to provide accommodation.
- Request medical information and supporting documentation as needed and as appropriate. You don’t need to take the employees’ word that they have a disability or that accommodation is needed. However, be careful not to request or require more than is reasonable. For instance, a note from a licensed physician that says an employee suffers from anxiety and may need additional break time to implement coping mechanisms should be sufficient. You should not request the details of his diagnosis, past mental health history, exactly what those coping mechanisms might be, etc.
- Talk with the employee about the challenges they have in the workplace and the way these challenges may affect their work performance. This conversation will help you determine what specific solutions might work for the employee. Explore with the employee a range of potential reasonable accommodations to help minimize or remove the identified challenges.
- Assess the effectiveness of each agreed-upon reasonable accommodation. The accommodation you set up today might not always work well for the employee or the company. It’s okay to reassess later whether the accommodation remains reasonable given the changed circumstances. Keep in mind that not every accommodation suggested may be reasonable; employers do not have to provide accommodation that would create an undue hardship for them. However, “undue hardship” is a high bar to meet and should not be relied upon in most circumstances.
- Communicate regularly with the employee throughout the process and once accommodation is in place. Regular communication demonstrates good faith on your part and shows the employees you take their challenges and concerns seriously. Document these conversations.
Keep Your Business Compliant with Quality Business Solutions
The interactive process is simply an ongoing conversation with an employee who has requested reasonable accommodation under the ADA. Together, you work to identify effective accommodation that enables them to perform the essential functions of their job, while keeping a communication channel open to ensure maximum productivity going forward.
At Quality Business Solutions, we simplify HR management for your business, helping you stay up to date with compliance regulations, including the ADA. Partner with us for expert support and guidance on all your HR compliance needs. Contact us to get started.
